The provisions of this article represent regulations and standards that are common to all zoning districts. Unless exempted by applicable provisions or specified limitations, the following general regulations shall apply to all by-right uses and all uses permitted by special exception or conditional use. In the event that the provisions of this article conflict with other provisions of this chapter, the more restrictive provisions shall apply.
A.
Reduction of lot area. No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than specified by this chapter.
B.
Obstructions to vision. On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained, and no hedge, tree, shrub or other growth shall be planted or maintained, which obscures the view of approaching traffic along streets or at intersections in any manner. Please refer to the definition and accompanying illustration of "sight triangle" in Article II, Definitions.
(1)
On a corner lot, nothing shall be erected, placed or allowed to grow:
C.
Stripping of topsoil; excavation of clay, sand, gravel or rock. Such activities shall be permitted only under the following conditions.
(1)
As a part of the construction or alteration of a building or the grading incidental to such building.
(2)
In connection with normal lawn preparation and maintenance.
(3)
In connection with the construction or alteration of a street.
(4)
In farming operations in those zoning districts where such use is permitted, provided sound soil conservation practices are observed.
D.
Projections into the yard setback.
(1)
A buttress, chimney, cornice, overhanging eaves, gutters, may project not more than two feet into a setback area.
(2)
No antenna shall project above any roof a distance greater than the shortest distance from its base to any property line.
(3)
No structure or part of a structure which shall be erected within or shall project into any required setback, except that arbors, trellises, and garden sheds shall be permitted, provided they are not more than 12 feet in height and are at least 10 feet from all lot lines.
(4)
A pump, light standard, air tower, water outlet, or similar installation of a gasoline service station, where permitted, may be placed within a setback, but in no case closer than 25 feet from a right-of-way.
E.
Building height limitations. Area and bulk regulations shall not apply to spires, agricultural buildings, belfries, cupolas, domes, monuments, poles, or chimneys, or similar structures.
F.
Public utility installations and service buildings. The location of any building or other installation for the purpose of servicing any public utility, except common or contract carriers may be located within any zoning district, subject to the following regulations:
(1)
The public utility shall file a plan indicating the location of all existing and proposed structures, buildings or other installations within the Township.
(2)
Any building, structure or other installation shall be subject to the design standards contained in this article including those relating to screening, storage, landscaping and lighting.
(3)
Upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
G.
Yard requirements for corner lots. In the case of a corner lot, a front yard as provided for in the area and lot requirements for the various districts shall be required on each street on which the lot abuts. The remaining two yards shall be side yards. Accessory buildings shall be located behind the setback lines of both streets.
H.
Yards requirements for reverse frontage lots. In the case of reverse frontage (double) lots, the minimum front yard setback shall be met along the street for which the United States Postal Service (USPS) mailing address is assigned. Accessory buildings shall be located behind the setback lines of both streets.
I.
Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to or having access to an approved street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in accordance with Chapter 109, Subdivision and Land Development.
J.
Conditional uses. Uses specified as conditional uses within the various district regulations of this chapter shall be permitted only after review by the Planning Commission and approval by the Board of Supervisors in accordance with Article XVII. Conditional use approval shall only be granted where the specific proposed location is consistent with the Comprehensive Plan of Sadsbury Township and in keeping with the intent of this chapter.
K.
Lot area and width for lots not served with public water service and/or public sewer. Where a lot is not served by public water and/or public sewer and Chapter 109, Subdivision and Land Development, or other applicable state or local ordinance in force requires a higher standard for lot area or lot width than this chapter, the more restrictive regulations of such other ordinance or regulation shall apply.
L.
Lots in more than one district. Where the Zoning Officer determines that a district boundary line divides a lot or tract at the time such boundary line is established, the regulations and requirements of the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
M.
Fences and walls. For any residential lot for which a building permit has been issued, fences and walls are permitted as follows:
(1)
Fences and walls shall be permitted in the rear and side yards to a maximum of six feet in height.
(2)
A fence may be erected in the front yard between the front line of the building and the street, provided it is less than four feet in height, and is post and rail, picket, or other similar open-style structure. All other applicable provisions of this chapter shall apply.
(3)
Fences and walls shall be set back from the property line a minimum of two feet for all lots less than one acre.
(4)
Fences and walls shall not be erected within any street right-of-way.
(5)
Fences or walls shall not be located in the 100-year floodplain or in drainage easements or drainage swales that are part of an approved stormwater management plan.
N.
Solid waste disposal. All methods and practices of solid waste or refuse disposal shall be in compliance with Act 97, the Pennsylvania Solid Waste Management Act, as amended,[1] and the Pennsylvania Department of Environmental Protection or as specified by Sadsbury Township. The term "solid waste" shall refer to garbage, refuse and other discarded materials, including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and residential activities.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
O.
Sewage and liquid waste disposal. All sewage and liquid waste disposal practices must be in accordance with the Township's Act 537 Plan and the rules and regulations of the Pennsylvania Department of Environmental Protection. All new facilities or major revisions to existing waste treatment or disposal facilities must have a permit issued by this authority. All operators of such treatment or disposal facilities must also be properly licensed as required by the Department of Environmental Protection.
P.
Outside commercial and industrial storage. Outside commercial or industrial storage may be authorized by the Zoning Hearing Board as a special exception and shall comply as follows:
(1)
Outside storage of man-made product shall be screened from view of public right-of-way and adjacent residential uses. Screening shall be in accordance with Chapter 109, Subdivision and Land Development.
(2)
Outside storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot and shall comply with all other applicable regulations. In addition to a fence, bulk storage tanks shall be contained and enclosed by a berm.
(3)
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 by an architectural screen or plantings.
(4)
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following.
(a)
Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.
(b)
Tanks or drums for storage of not more than 300 gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line. Storage shall comply with all applicable regulations.
(5)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces. No substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation shall be allowed to enter any stream of watercourse.
(6)
Unless otherwise permitted by this chapter, or in the case of an automotive service station or automotive repair facility, no more than one vehicle without a license or without proof of inspection shall be stored outside per lot. No vehicle without a license or without proof of inspection may be stored outside on any lot for more than six months.
(7)
Storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area that is deemed practical and feasible in the opinion of the Zoning Hearing Board. Outdoor storage shall be located to the side or rear of the property.
(8)
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of carts. Each designed storage area shall be clearly marked for storage of shopping carts.
(9)
Traffic analysis for special exceptions and conditional uses. A detailed traffic analysis prepared by a qualified traffic engineer may be required by the Board of Supervisors for the purpose of showing what impact a proposed development will ultimately have on the safety and welfare of the public. The traffic analysis shall be at the expense of the applicant. The scope shall be determined by the Township Engineer.
Q.
Outside residential storage.
(1)
Recreational vehicles, as defined in Article II, herein, shall not be parked or stored on any lot of less than 1/2 acre in any residential district except in a carport or enclosed building No such recreational vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
(2)
Storage of trailers when left in place and used as an extension to the building are not permitted in residential districts.
(3)
No storage shall be permitted within the front yard of any lot.
A.
Noise pollution. All uses shall be in compliance with Chapter 85, Noise, of this Code, Ord. No. 1999-3, as amended, and the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.
B.
Pollution and airborne emissions. All uses shall be in compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection and with the following provisions:
(2)
No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which, by reason of its operation or maintenance, will discharge contaminants into the air in excess of the limits specified by the Pennsylvania Air Pollution Control Laws unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
C.
Odor. All uses shall be in compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection and with the following provisions:
(1)
No uses, except agricultural operations, shall emit odorous matter in such quantities to be offensive at any point on or beyond its lot lines.
(2)
The guide for determining such quantities of offensive odors shall be the 50% response level indicated in the publication "Research of Chemical Odors: Part 1 - Odor Thresholds for 53 Commercial Chemicals" (1968) Manufacturing Chemists Association, Inc. Washington, D.C.
E.
Mine reclamation and open pit setbacks. All uses shall be in compliance with Pennsylvania Act 147, the Surface Mining Conservation and Reclamation Act of 1971 as amended.
F.
Glare and heat. All uses shall be in compliance with the rules and regulations of the Pennsylvania Department of Environmental Protection and the following provisions:
(1)
No direct or sky-reflected glare from high temperature processes, such as combustion, welding or otherwise shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with § 109-426 of Chapter 109, Subdivision and Land Development.
(2)
There shall be no discernible emission or transmission of heat or heated air that can be detected at any lot line.
G.
Fire and explosive hazards. No use or operation shall be permitted which creates a public nuisance or hazard by reason of fire or explosion. All blasting operations must comply with Chapter 70, Explosives, of this Code, Ord. No. 1999-10, as amended.
(1)
Activities 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.
(2)
All buildings and structures, and activities within such buildings and structures shall conform to Chapter 56, Construction Code, Uniform, and other applicable Township codes and ordinances. Any explosive material shall conform to the rules and regulations of the Pennsylvania Department of Environmental Protection and Chapter 70, Explosives, of this Code, Ord. No. 1999-10, as amended, for storing, handling and use of explosives.
H.
Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system, or watercourses or into the ground, of any liquid and solid waste 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 Township and the Commonwealth of Pennsylvania and specifically the rules and regulations of the Pennsylvania Department of Environmental Protection.
I.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
J.
Radioactivity. The following provisions shall apply:
(1)
There shall be no activities that emit dangerous levels or radioactivity at any point.
(2)
No operation involving radiation hazards shall be conducted which violate any state or federal regulations or standards.
(3)
Any proposed use which incorporates the use of radioactive material, equipment, or supplies shall be in strict conformance with all federal and state requirements including Pennsylvania Department of Environmental Protection rules and regulations.
K.
Electrical and electromagnetic interference. The following provisions shall apply:
(1)
There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of disturbance.
(2)
No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception on the premises other than where the interfering activity is conducted.
L.
Public health and safety. No use shall engage in the production, treatment or storage of hazardous waste as defined by the Pennsylvania Act 97, as amended. No use shall create any other objectionable condition to adjacent properties which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
A.
All screening and landscaping as required under the provisions of this chapter shall comply with the provisions of Chapter 109, Subdivision and Land Development, and the following:
(1)
No planting shall obstruct motorist visibility at intersections or driveways.
(2)
Landscaping may be incorporated into a stormwater management plan subject to the review and approval of the Township.
(3)
A completely planted visual buffer or landscape screen shall be provided between any nonresidential use or district and contiguous residential uses or residentially zoned districts, except where sufficient natural or physical man-made barriers exist, as determined by the Board of Supervisors.
(4)
All mechanical equipment not enclosed in a building, including mechanical equipment located on the roof and visible from a public right-of-way, shall be fully and completely screened from view from any point in accordance with the landscape plan.
(5)
Any existing commercial or industrial use shall not be required to comply with the screening requirements, except in case of enlargement or major alteration.
B.
Park, recreation and open space. Except where this chapter specifies the required amount of park, recreation or open space land, the required park, recreation and open space land shall be as required by Chapter 109, Township Subdivision and Land Development, and, in both cases, the following shall apply:
(1)
Location. Where feasible and appropriate, the required passive recreation/open space land shall be located and designed to add to the visual amenities of villages and to the surrounding area, by maximizing the visibility of internal passive recreation/open space as terminal vistas at the ends of streets (or along the outside edges of street curves), and by maximizing the visibility of external passive recreation/open space as perimeter greenbelt land. Greenbelt land shall be designated to provide buffers and to protect scenic views as seen from existing roadways and from public parks. The Township may require open space land to be designed to allow the continuation of an existing or proposed trail or the coordination with other existing or proposed open space areas.
(2)
Views of houses. Part or all of the required passive recreational/open space land may be utilized to limit views of houses from exterior roads and abutting properties by the use of natural, undisturbed topography, existing vegetation, or additional landscape buffering, as permitted by the Board of Supervisors. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, Sadsbury Township, land trust, another conservation organization recognized by the municipality, or by a private individual (as part of the original farmstead).
(3)
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural open space buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is not wooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive species.
(4)
No portion of any building lot may be used for meeting the minimum required park, recreation and open space land. However, agricultural land containing farm buildings, including areas used for existing farm dwellings may be used to meet the minimum required open space land.
(5)
Pedestrian and maintenance access. Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to open space land in accordance with the following requirements:
(6)
Landscaping. All park, recreation and open space land areas that are not wooded, farmed, or provided with active recreational facilities, shall be left in a natural state, or landscaped as required by the Board of Supervisors. Park, recreation and open space land areas shall not be left in a stripped and bare condition.
(7)
Management plan. Unless the park, recreational and/or open space land is dedicated to the Township, the applicant shall prepare a long-range management plan for the park, recreation and open space land. The management plan shall, at a minimum, describe how the park, recreation and open space land will be preserved as proposed in the site's design plan and how such necessary preservation activities will be funded. This may include a plan to lease part of the land to a farmer to create income for the homeowners' association, a plan to keep the open space in a forested condition, or other nonprofit entity, or a plan to manage a recreational activity on the area.
(8)
Uses permitted on passive recreation/open space lands:
(a)
Agricultural and horticultural uses, including raising crops or livestock and associated buildings, thereto including residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving highly offensive odors. To encourage the retention of agricultural lands, the Township or homeowners' association may permit all or portions of the passive recreation/open space lands to be leased back to a farmer. Approval of the lease-back option shall be conditioned on appropriate agreements between the titleholder and the farmer, concerning permitted agricultural practices and use of the land in the event the agricultural activities cease.
(b)
Conservation of open land in its natural state (i.e., woodland, fallow field, or managed meadow).
(c)
Pastureland or areas for horses.
(d)
Forestry.
(e)
Common neighborhood uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding wheeled vehicles (except for agricultural vehicles), rifle ranges and golf courses.
(f)
Easements for drainage, access, sewer or water lines, or other public purposes.
(g)
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required common open space.
(9)
Preservation of farmstead. The applicant may choose to preserve a farmstead, containing a farmhouse and associated agricultural structures as part of the open space, provided that the resulting farmstead lot shall be deed restricted from further subdivision and no further dwellings shall be permitted on the farmstead. The farmhouse shall comply with the regulations of the associated zoning district and shall not be counted against the permitted density.
(10)
Ownership and maintenance of park, recreation and open space land and common facilities.
(a)
Restrictions on passive recreation/open space land. No development shall be permitted in open space areas at any time, except as permitted herein.
(b)
Ownership options. Ownership of park, recreation and open space land and facilities may be in the forms listed below; however, park, recreation and open space land and facilities shall be initially offered for dedication to the Township. Park, recreation and open space land and facilities shall not be transferred to another entity except for transfer to another form of ownership as permitted in this section below, provided that there is no change in the land and facilities:
[1]
Fee simple dedication to the Township. The Sadsbury Township Board of Supervisors may, but shall not be required to, accept any portion of the land and/or facilities, provided that:
[2]
Condominium association. Park, recreation and open space land and facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All open land and common facilities shall be held as a common element.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[3]
Homeowners' association. Park, recreation and open space land and facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in applicable Pennsylvania laws and regulations. In addition, the following standards shall be met:
[a]
The applicant shall provide the Board of Supervisors with a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
[b]
The proposed association shall be established by the owner or applicant and shall be operating with financial subsidization by the owner or applicant, if necessary, before the sale of any dwelling units in the development;
[c]
Membership in the association shall be automatic and mandatory for all purchasers of dwelling units therein and their successors in title, who shall have joint and undivided interests in any common areas;
[d]
The association shall be responsible for maintenance and insurance of common facilities and provide proof of liability to the Township Board of Supervisors;
[e]
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with all accrued interest before the lien may be lifted;
[f]
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance of common facilities must be given to all members of the association and to the Board of Supervisors not less than 30 days prior to such event;
[g]
The association shall have adequate staff to administer, maintain, and operate such common facilities; and
[h]
The terms, conditions, and content of all homeowners' association documents bylaws and agreements, and any amendments thereto must be reviewed by and shall meet the approval of the Township Solicitor.
[4]
Dedication to a private conservation organization or to the county. With permission of the Board of Supervisors, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:
[a]
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;
[b]
The conveyance contains appropriate provisions for proper reverter or re-transfers in the event that the organization becomes unwilling or unable to continue carrying out its functions;
[c]
The open space land is permanently restricted from future development through a conservation easement and the Board of Supervisors is given the ability to enforce these restrictions;
[d]
A maintenance agreement acceptable to the Board of Supervisors is established between the owner and the organization; and
[e]
A satisfactory maintenance agreement shall be reached between the owner and the Board of Supervisors.
[5]
Dedication of easements to the Township. The Board of Supervisors may, but shall not be required to, accept easements for public use of any portion of the park, recreation and open space land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Board of Supervisors. In addition, the following regulations shall apply:
[6]
The land may be held in ownership by the farmer/owner and deed restricted from any further uses other than agriculture.
(c)
Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining park, recreation and open space land and facilities shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
[1]
The applicant shall, at the time of preliminary plan submission, provide a plan for perpetual maintenance and operation of park, recreation and open space lands and facilities in accordance with the following requirements:
[a]
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
[b]
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance and operation of the park, recreation and open space land on an on- going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
[c]
At the Board of Supervisors' discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of park, recreation and open space land and facilities for up to one year; and
[d]
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
[2]
In the event that the organization established to maintain the park, recreation and open space land and facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Board of Supervisors may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
[3]
The Board of Supervisors or its authorized representative may enter the premises and take corrective action, including maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the Office of the Prothonotary of Chester County.
C.
Access and traffic control. The following provisions shall apply.
(1)
Vehicular accessways to any public street shall be located at least 80 feet from any intersection or street lines and shall be designed and located in a manner and place conducive to safe ingress and egress.
(2)
Each use with less than 100 feet of street frontage shall not have more than one accessway to such street.
(a)
No use with 100 feet or more of street frontage shall have more than two accessways to any one street for each 400 feet of street frontage.
(b)
A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along streets other than local streets. Shared driveways for residential uses shall be prohibited except in the case of flag lots that abut one another or when considered appropriate by the Board of Supervisors.
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow within the Township. Where applicable and at the direction of the Board of Supervisors, the developer shall be responsible for preparing a traffic impact study.
(4)
The developer shall be responsible for the design, construction installation and the cost thereof of any necessary traffic control devices and highway modifications required by the Township and/or the Pennsylvania Department of Transportation.
(5)
Access points shall be located on minor rather than major streets or highways as defined by the Township's Comprehensive Plan.
(6)
All vehicular entrances and exits shall be provided with acceleration and deceleration lanes as recommended or required by the Township Engineer and/or the Pennsylvania Department of Transportation. Acceleration and deceleration lanes shall conform to the standards of Chapter 109, Subdivision and Land Development. In no event shall vehicles be permitted to back directly into the public street from the off-street parking area.
D.
Interior circulation. The following provisions shall apply.
(1)
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site, as well as to prevent the backing of any vehicle onto a street.
(2)
Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
(3)
Commercial, industrial, institutional or conditional uses with parking areas for 10 or more vehicles shall have clearly defined parking bays, accessways, and traffic circulation lanes designated by appropriate markings, curbs, barriers and/or planted strips.
(4)
Interior access drives shall be clearly marked by adequate painting or marking with curbing and signs so that operators of vehicles intending to patronize such parking lots shall not unduly impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them. In the event said interior drives are not marked as required by this subsection, the Township may, at its option, perform the said marking or hire it to be done and recover the cost of the same from the owner or tenant of the said lot in the manner permitted by law.
(5)
All interior access drives and accessways associated with all commercial, industrial, institutional and/or conditional use shall be paved with an approved all-weather surface. Curbing shall be provided for all commercial, professional and industrial uses and where required by the Board of Supervisors for residential uses.
(6)
Interior drives shall have a maximum grade of 8%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%. The Township Engineer shall have the authority to designate that interior accessways be paved with nonskid or skid-resistant materials and to otherwise designate or approve paving materials.
(7)
Minimum interior drive access cartway widths with no abutting parking:
Use | One-Lane One-Way Drive (feet) | Two-Lane Two-Way Drive (feet) |
|---|---|---|
Residential | 14 | 22 |
Commercial/office | 14 | 24 |
Industrial | 14 | 30 |
(8)
Common or shared access driveways to parking and loading areas is permitted and encouraged when properties are under common ownership. Shared driveways for residential uses shall be prohibited except in the case of flag lots that abut one another or when considered appropriate by the Board of Supervisors.
(9)
Convenient and logical walkway connections for pedestrians shall be provided between the entrances of a principal building and its required parking spaces. Maximum separation of pedestrian and vehicular routes shall be encouraged for pedestrian safety.
E.
Off-street loading. The following provisions shall apply.
(1)
All commercial and industrial uses shall be provided with adequate off-street loading and unloading areas.
(2)
Such areas shall not be located between the building setback line and street line, and loading facilities shall not be visible from a street.
(3)
Required off-street parking spaces shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
(4)
Off-street loading and unloading areas shall be provided with proper and safe access and separated and screened from other vehicular and pedestrian circulation. In any case, loading and unloading operations, including arrival and departure, shall not interfere with traffic circulation on public streets or with required off-street parking.
(5)
Loading and unloading spaces shall have paved all-weather, dustless surfaces of sufficient load-bearing properties consistent with the intended use.
(6)
Loading and unloading space shall be at least 14 feet wide, have 15 feet vertical clearance, be 55 feet deep and shall have an adequate maneuvering apron.
F.
Lighting. Outdoor lighting facilities shall be required for all off-street parking, storage and loading areas and for all driveways providing access thereto, and along all road and pedestrian ways in all major subdivisions and land developments in compliance with the provisions of Chapter 109, Subdivision and Land Development.
A.
Applicability of off-street parking requirements.
(1)
Off-street parking in accordance with the provisions of this section shall be required as a condition precedent to the occupancy of any building or use so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
(2)
Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants and/or employees of the associated use.
(3)
The owner or manager of a developed property shall be responsible for the maintenance of the off-street parking areas serving that property. Maintenance shall include, but shall not be limited to, 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.
B.
Off-street parking lot design.
(1)
Parking lots shall be designed so that spaces are provided for in the least amount of paved space and graded to a minimum slope of 1% and a maximum slope of 6% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan as specified by Chapter 109, Subdivision and Land Development and as approved by the Township.
(2)
In the design of parking lots, the minimum required stall depth, stall width and driveway width shall be as shown as follows:
(a)
Interior parking aisles which are designed to accommodate two-way traffic shall be at least 24 feet wide.
(c)
No portion of an aisle shall exceed 350 feet in length without a cross aisle for vehicle circulation.
(d)
Layout shall direct service vehicles outside the boundaries of principal parking areas and provide sufficient turning radii and vertical clearances.
(e)
Spaces for employee parking, short-term visitor parking, handicapped parking and pickup/dropoff zones shall be differentiated by suitable markings.
(3)
Appropriate bumper guards, to the satisfaction of the Code Officer and Township Engineer, or curbing shall be provided as required by the Township in order to clearly define parking spaces or limits of paved areas and to prevent vehicles from projecting into required yards or rights-of-way.
(4)
All parking lots shall be adequately marked and maintained for the purpose of defining parking stalls and driveways. As a minimum, the lines of all parking stalls and driveways, including directional arrows, shall be solid white and four inches in width.
(5)
All access driveways shall be located, designed and constructed so as to provide safe and convenient circulation within the parking areas and within the lot and in a manner that provides safe and convenient access to and from the public roads serving the lot. Sight distances at access points to the highway shall conform to Pennsylvania Department of Transportation design standards. The paving cross section for parking areas and driveways shall be shown on the plan and shall be subject to the approval of the Township.
(6)
No multispace parking lot for the storage of motor vehicles or trailers shall directly abut a public street. Each such area shall be separated from the street, except for permitted accessways, by a raised curb, planting strip, wall or other suitable barrier against vehicles. Each such area shall be at least 10 feet from any lot line or street right-of-way or 20 feet from the edge of the paving of any street for which a given right-of-way is not indicated.
(7)
No motor vehicle repair work of any kind, except emergency service shall be permitted on parking lots.
(9)
In all districts, each parking area shall be separated from the public street or highway by a raised curb, planting strip or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways. Buildings shall front upon a marginal street or a common parking area and not directly upon a public street, and each such use shall have not more than two accessways to any one street or highway.
(10)
In Commercial, Town Center, and Industrial Districts, no parking shall be permitted closer than two feet to any property line or any street right-of-way line (provided that such restriction shall not apply with regard to any right-of-way line created as part of Town Center commercial development), nor shall any such parking be so located as to obstruct clear-sight triangles at points of ingress or egress.
C.
Off-street parking space requirements.
(1)
All parking spaces shall be on the same lot as the building or use intended to be served except as provided herein.
(2)
Parking spaces for each vehicle shall be at least nine feet by 18 feet in size and shall have a paved surface, except for parking spaces serving single-family detached dwellings, which may be an improved all-weather surface, providing safe and convenient access in all seasons.
(3)
Zoning Hearing Board may authorize as a special exception a reduction in the number or size of off-street parking spaces, provided that all of the following standards are met:
(a)
All of the standards for a grant of special exception provided for in this chapter and made applicable thereto have been satisfied to the satisfaction of the Zoning Hearing Board.
(b)
The applicant has demonstrated to the satisfaction of the Zoning Hearing Board that the reduction in parking spaces, if granted, will not in any way impair the safe and convenient access and internal circulation on the property and will not cause vehicles to be parked on the public roads or lands of others.
(c)
The applicant has established an area denominated as a reserve parking area which shall be fully landscaped and maintained in grass and is readily accessible to the buildings and uses to be served, which may be paved and utilized in strict conformity with this chapter for the number of spaces for which the reduction was granted.
(d)
The applicant executes a written instrument agreeing to pave the reserved area and place the same in conformity with this chapter if the Board of Supervisors determines that in the future the reserved spaces are, in fact, required, the applicant shall, within 10 days after notice by the Board of Supervisors, commence the installation of said parking area and shall diligently pursue the same to conclusion. The failure to promptly comply and diligently pursue the same in accordance with the terms of this provision shall constitute a violation of this chapter punishable by a fine or imprisonment as herein provided. Each day of delay shall constitute a separate offense punishable as such.
(4)
Residential requirements.
(a)
Single-family detached dwelling units in residential and nonresidential districts shall have three off-street parking spaces per unit.
(b)
Attached dwellings, multifamily dwellings, and residential conversions shall have two off-street parking spaces per unit plus one space per four units for visitor parking where 10 or more units are proposed and where on-street parking is not feasible.
(c)
Parking lots for more than three vehicles in a residential district shall not be located closer than 10 feet to any property line or street right-of-way.
(d)
No recreational vehicle or commercial vehicle shall be parked or stored on any lot of less than 1/2 acre in a residential district, except in a carport or enclosed building.
(e)
No such recreational or commercial vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
(f)
No vehicle shall be parked in a right-of-way or impede a pedestrian sidewalk.
(5)
Commercial and industrial parking requirements. The following minimum number of off-street parking spaces per use shall be provided for the uses indicated. In addition, one space for each company vehicle stored on the premises shall be provided. Throughout this section, "s.f." shall be interpreted as "square feet" and floor area shall be interpreted as "gross usable floor area." The term floor area 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.
(6)
Handicapped parking requirements.
(a)
In any parking area where the total number of parking space exceed five, a minimum of one space for each 25 spaces or fraction thereof, shall be designated for physically handicapped person.
(b)
Parking spaces for use by handicapped drivers shall have minimum dimensions of 14 feet wide by 20 feet long, and shall be clearly marked as being reserved for use by handicapped persons.
(c)
Parking spaces for use by handicapped drivers shall be located to minimize the distance between the vehicles and a wheelchair accessible entrance to the facility served.
D.
Off-street parking area construction. The construction of off-street parking areas shall comply with the standards of Chapter 109, Subdivision and Land Development.
Table 1405.1 | |
|---|---|
Use | Minimum Parking Spaces |
Commercial Uses and Services | |
Automobile sales (in addition to service requirements, if applicable) | 1 space per 400 square feet of floor area; outdoor display areas for auto sales shall not be included in the required parking |
Bank or financial institution | 4 spaces per 1,000 square feet of floor area |
Bed-and-breakfast | 1 space per guest room, plus 1 space per employee, plus 2 spaces for the resident owners |
Car wash | 3 stacking spaces per bay, plus 2 drying spaces per bay |
Convenience store | 5 spaces per 1,000 square feet of floor area |
Personal services (dry cleaner, beauty shop, etc.) | 3.5 spaces per 1,000 square feet of floor area |
Funeral home | 20 spaces per 1,000 square feet of floor area occupied by viewing rooms, or 1 space per 4 seats, whichever is greater |
Gas stations (in addition to service station requirement and convenience store requirements, where applicable) | 1 space per pump, plus 6 stacking spaces per each pump island |
Hotel or motel | 1.5 spaces per rental unit |
Kennel of animal shelter | 1 space per employee, plus 1 space per 10 of animal capacity |
Laundromat | 8 spaces per 1,000 square feet of floor area |
Lumberyard | 3 spaces per 1,000 square feet of floor area in sales or display area, plus 1 space per 1,000 square feet of warehouse floor area |
Mini warehouse/self storage | 5 spaces per 100 rentable units; such spaces shall not interfere with travel lanes between structures |
Restaurant or tavern fast food, takeout only | 1 space per 75 square feet of floor area |
Retail store or shop (not addressed more specifically elsewhere herein) | 3.5 spaces per 1,000 square feet of floor area |
Service station, repair facility, auto body repair service | 4 spaces per garage bay |
Shopping center | 5 spaces per 1,000 square feet of floor area |
Office and professional uses | |
Animal hospital or veterinary office | 4 spaces per doctor, plus 1 space per employee |
Office buildings and business services | 3 spaces per 1,000 square feet of floor area |
Personal and professional services (including medical offices) | 4 spaces per 1,000 square feet of floor area |
Research and development facilities and laboratories | 3 spaces per 1,000 square feet of floor area |
Industrial uses | |
Manufacturing, industrial parks, processing facilities, and plants | |
Less than 100,000 square feet of floor area | 2.5 spaces per 1,000 square feet of floor area |
Greater than 100,000 square feet of floor area | 2.5 spaces per 1,000 square feet of floor area for the first 100,000 square feet and 2 spaces per each additional 1,000 square feet of floor area |
Quarrying or mining | 1 space per employee on the largest shift |
Warehouse, wholesale sales, freight terminal | 1 space per employee on the largest shift |
Institutional, public, and recreational uses | |
Commercial, trade, professional, music or dance school | 1 space per employee, plus 1 space per student at capacity |
Community center, social clubs, and lodges | 8 spaces per 1,000 square feet of floor area, or 1 space per 4 seats in main assembly hall, whichever is greater |
Day-care center | 3 spaces per 1,000 square feet of floor area, plus 1 unloading space per 10 children |
Elementary school and middle school | 1 space per classroom, plus 2 spaces per 11,000 square feet devoted to administrative use |
Group quarters | 1 space per 3 residents at capacity, plus 1 space per employee on the largest shift |
Hospital, convalescent or nursing home | 1 space per 3 beds, plus 1 space for each employee on a day shift |
Library | 3 spaces per 1,000 square feet of floor area |
Medical clinic or center | 6 spaces per 1,000 square feet of floor area |
Place of worship | 1 space per 2 seats |
Country club/golf course | 4 spaces per tee, plus 50% of requirements for ancillary uses as applicable |
Health club | 5 spaces per 1,000 square feet of floor area |
Miniature golf course | 3 spaces per tee |
Swim club/public pool | 10 spaces per 1,000 square feet of swimming pool floor area |
Tennis club | 2 spaces per court, plus 1 space per 200 square feet of floor area or clubhouse area |
A.
Existing interior lots of record. An existing lot of record for which access to a public road is by a relatively narrow strip of land may be built upon only when authorized by a special exception. In computing the area of such lots, the area of the strip of land connecting the lot with the public road shall not be considered. All buildings and other structures to be located on such lots shall be not closer than 75 feet from surrounding lot lines, and the strip of land connecting the lot with the public or private road shall have a minimum width of 32 feet, and shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of land which connects the lot with the public or private road for use as an access driveway, and shall assure that any such access driveway is hard surfaced and otherwise complies with Chapter 67, Driveways.
B.
Creation of interior lots. The creation of interior lots is prohibited.