A.
In addition to complying with the specific requirements in other applicable articles of this chapter, proposals shall comply with other Township regulations. Subdivision and/or land development proposals are further regulated by Chapter 215, Subdivision and Land Development. The following activities, among others, are considered land developments proposals:
(1)
Addition of one or more buildings (except accessory buildings as
defined herein) to a lot which contains an existing building.
(2)
Division of one or more buildings into spaces for leasehold, ownership,
or other forms of tenancy (except for residential conversions resulting
in three or less dwelling units).
(3)
Construction of one nonresidential building on a lot.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Each and every lot shall abut a public street for the minimum
width required for the applicable zoning district. Landlocked parcels
in existence on the effective date of this chapter may be developed
with one single-family detached house provided with a twenty-five-foot
wide easement of access, provided that the usable portion of the lot
otherwise complies with the lot size and dimensional requirements
of the district in which it is located.
[Amended 4-9-2002 by Ord. No. 2002-07]
Except as may be specified elsewhere in this chapter, a front
yard setback shall be measured from the ultimate right-of-way for
each lot line abutting a street. The lot lines intersecting ultimate
rights-of-way shall be treated as side lot lines. All other lot lines
shall be considered rear lot lines.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Flag lots are permitted where necessary for landlocked parcels as provided for in § 275-47 and in limited applications in conservation subdivisions in accordance with the following:
A.
Flag lots may used to locate dwellings at the ends of culs-de-sac
and in other applications acceptable to the Township Engineer for
the purpose of avoiding the extension of streets further than necessary.
B.
The access strip of a flag lot shall be owned by the owner of the
main portion of the flag lot and shall extend to an existing public
or private street. The access strip shall have a minimum width of
20 feet. The access strip must serve as the primary access for the
lot.
C.
The minimum lot width at the building line shall be the minimum lot
width required at the street line. Minimum lot width shall be measured
parallel to the street at the point of the proposed building closest
to the street and shall extend the full depth of the building, plus
an additional 20 feet.
D.
The developable lot area of the flag lot shall be calculated exclusive
of the access strip.
E.
No more than one tier of flag lots shall be permitted on a tract;
i.e., a flag lot may not be located behind another flag lot.
[Amended 8-23-2010 by Ord. No. 10-08-03]
In all zoning districts, on land developed for nonresidential
uses, refuse collection facilities must be provided by the applicant,
either inside the building(s) or within an area enclosed by either
walls or opaque fencing.
A.
These facilities shall be architecturally compatible with the building(s).
B.
Walls or fencing shall be designed to shield the refuse facilities
from direct view from adjacent properties, to a height of at least
six feet.
C.
These facilities shall be designed in a manner which can accommodate
large collection trucks.
D.
Landscaping is encouraged around these facilities.
E.
Refuse facilities attached to, detached from, or within buildings
shall be subject to all applicable parking setback requirements as
provided within the section.
F.
To the extent possible, these facilities shall be located behind
the main building.
G.
Such facilities shall not be located in the front yard.
All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter 215, Subdivision and Land Development.
[Amended 4-11-2007 by Ord. No. 07-04-02; 9-16-2009 by Ord. No.
09-9-1]
This section applies only to cluster subdivision permitted in § 275-76 and village development permitted in Article XXIV.
A.
When open space is required to be permanently preserved for common
benefit and use by the requirements of this chapter, the regulations
of this section shall apply.
C.
Open space design requirements. Permanently preserved open space
shall:
(1)
Be designed as a continuous system of usable areas, interspersed
among groupings of residential dwelling units, wherever practicable.
(2)
Be interconnected with common open space areas on abutting parcels
wherever possible.
(3)
Be provided with safe and convenient access by adjoining public road
frontage or other rights-of-way or easements capable of accommodating
pedestrian, bicycle, and maintenance vehicle traffic, and containing
appropriate access improvements.
(4)
Be provided with sufficient perimeter parking when necessary.
(5)
Be comprised of areas not less than 50 feet in width and not less
than 11,000 square feet of contiguous area, except that individual
tot-lots shall be included in the total required open space area.
(6)
Be designed so that not more than 25% of the open space is used as
buffers between development and existing roads, and no more than 50%
is floodplain, as defined herein.
(7)
Not be divided by crossing of public or private roads except where
necessary for proper traffic circulation.
D.
Offer of dedication. All common open space and recreation facilities
required by this chapter may be offered for dedication to the Township,
although the Township need not accept any such offers.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Common elements, including, but not limited to, open space, recreation, sewer, water, and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors. Such private ownership, including but not limited to corporate, individual, condominium, landlord, or fee-simple home or landowners' association, shall be governed by the following. This section applies only to cluster subdivision permitted in § 275-76 and village development permitted in Article XXIV.
A.
Access to and use of these common elements may be restricted to the
following, unless the Township accepts public dedication of all or
any part of any open space:
B.
Perpetual maintenance shall be guaranteed by trust indenture or similar
instrument, or by deeding the open space to a land trust or conservancy
or similar organization, as approved by the Board of Supervisors,
which instrument or deed:
(1)
Shall be recorded by the Montgomery County Recorder of Deeds simultaneously
with the final plan.
(2)
Shall restrict the open space from development, by deed restriction,
granting the Township the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before
formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation and
increased costs.
(c)
A reserve fund to cover capital improvement and/or unforeseen
major maintenance requirements.
(d)
Funding of professional management and supplies.
(4)
Shall authorize the Township to maintain the common elements and
assess the private ownership 100% of such maintenance or foreclose
on said bonds or funds to cover said maintenance, if private ownership
fails to function as required in the private agreement.
(a)
The Township may, at the discretion of the Supervisors, decide
to relieve the private ownership organization of some or all of its
maintenance responsibilities in the event of a functional failure
that has or threatens to have undesirable impacts on surrounding property
owners or the general public.
(b)
The necessity for continued Township maintenance shall be reviewed
at public hearing within one year of the Township having assumed the
responsibility, and if the private ownership is demonstrated to have
resumed the capability of maintenance, the responsibility shall revert
to the private ownership. If the private ownership cannot demonstrate
capability, a public hearing shall be held on an annual basis until
maintenance can be resumed by the private ownership or until dedication
of the common elements is accepted by the Township.
(c)
Any administrative, capital, labor, or operating costs incurred
by the Township in assuming the maintenance responsibilities of the
private ownership organization shall be recoverable from the owners
of property, individually or collectively, in the subject development.
(5)
Shall authorize the Township to periodically request and review records
and reports that document the financial and administrative ability
of the private ownership organization to continue perpetual maintenance
and carry out a capital improvement program.
C.
Review of maintenance budget. At the time a preliminary plan for
subdivision or land development is submitted, the developer shall
submit to the Township a budget for the maintenance of open space,
and reimburse the Township for the cost of a professional to assess
the budget for future adequacy.
No building and no part of a building shall be erected within
or shall project into any required yard in any district, except that:
A.
An enclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than 1/2 the required depth of the yard.
B.
A terrace, platform, or landing place, not covered by a roof, canopy
or trellis, which does not extend above the level of the first floor
of the building, may be erected to extend into a required yard a distance
of not more than 12 feet, provided that it shall not extend into such
yard more than 40% of the required depth or width of the yard.
C.
A carport may be erected over a driveway in a required side yard,
provided that such structure is:
D.
A buttress, chimney, cornice, pier, or pilaster of a building may
project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may
project no more than three feet into a required yard.
[Amended 8-8-2007 by Ord. No. 07-08-01]
A.
Purpose. To require and set minimum standards for outdoor lighting
to:
(1)
Provide for and control lighting in outdoor public places where public
health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light
sources.
(3)
Protect neighbors, the environment and the night sky from nuisance
glare and light trespass from improperly selected, placed, aimed,
applied, maintained or shielded light sources.
(4)
Promote energy-efficient lighting design and operation.
(5)
Protect and retain the intended visual character of the various Marlborough
Township venues.
B.
Applicability.
(1)
All uses within Marlborough Township where there is interior or exterior
lighting that creates a nuisance or hazard as viewed from outside,
including, but not limited to, residential, commercial, industrial,
public and private recreational/sports and institutional uses, and
sign, billboard, architectural and landscape lighting.
(2)
Temporary seasonal decorative lighting is exempt from all but the
glare-control requirements of this chapter.
(3)
Emergency lighting, as may be required by any public agency while
engaged in the performance of its duties, is exempt from the requirements
of this chapter.
C.
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
ILLUMINANCE
LIGHT TRESPASS
LUMEN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified) and measurable with an illuminance
meter, aka light meter, which is equal to a unit of illuminance on
a surface that is everywhere on foot from a uniform point source of
light of one candle and equal to one lumen per square foot.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted to cause
annoyance or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
Quantity of light, measured in footcandles.
Light emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
A unit of luminous flux equal to the light emitted in a solid
angle by a uniform point source of one candle intensity.
D.
Criteria.
(1)
Illumination levels. Lighting, where required by this chapter or
otherwise required or allowed by Marlborough Township, shall have
intensities, uniformities and glare control in accordance with the
recommended practices of the Illuminating Engineering Society of North
America (IESNA), unless otherwise directed by the Township.
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and shall be aesthetically acceptable to the Township.
(b)
For the lighting of predominantly horizontal surfaces, such
as but not limited to parking areas, roadways, vehicular and pedestrian
passage areas, merchandising and storage areas, automotive-fuel dispensing
facilities, automotive sales areas, loading docks, culs-de-sac, active
and passive recreational areas, building entrances, sidewalks, bicycle
and pedestrian paths, and site entrances, 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 nondirectional forty-watt incandescent lamp, are exempt from
the requirements of this subsection. In the case of decorative streetlighting,
the Township may approve the use of luminaires that are fully shielded
or comply with IESNA cutoff criteria.
(c)
For the lighting of predominantly nonhorizontal surfaces, such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays and statuary, 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 nondirectional
forty-watt incandescent lamp, are exempt from the requirements of
this subsection.
(d)
"Barn lights," aka "dusk-to-dawn lights," where visible from
another property, shall not be permitted unless fully shielded as
viewed from that property.
(3)
Control of glare.
(a)
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.
(b)
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
or pedestrianway.
(c)
Parking facility and vehicular and pedestrianway lighting (except
for safety and applications and all-night business operations), for
commercial, industrial and institutional uses shall be automatically
extinguished no later than 1/2 hour after the close of business or
facility operation. When safety or 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.
(d)
Illumination for signs, building facades and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and dawn, except that such lighting situated on
the premises for a commercial establishment may remain illuminated
while the establishment is actually open for business and until 1/2
hour after closing.
(e)
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.
(f)
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.
(g)
The illumination projected from any property onto a nonresidential
use shall at no time exceed 1.0 footcandle, measured line-of-sight
from any point on the receiving property.
(i)
Only the United States and the flag of the Commonwealth of Pennsylvania
shall be permitted to be illuminated from dusk till dawn. All other
flags shall not be illuminated past 11:00 p.m. Flag lighting sources
shall not exceed 7,000 lamp lumens per flagpole. The light source
shall have a beam spread no greater than necessary to illuminate the
flag and shall be adequately shielded.
(j)
Under-canopy lighting for such applications as gas/service stations,
hotel/theater marquees, fast-food/bank/drugstore drive-ups, 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 initial footcandles and the maximum shall not exceed
30 initial footcandles.
(k)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys and radio/communications/television towers is
prohibited during hours of darkness, except as specifically required
by the FAA.
(4)
Installation.
(a)
Electrical feeds for lighting standards shall be run underground,
not overhead.
(b)
Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces, or where they could
be hit by snow plows, shall be placed a minimum of five feet outside
paved area or tire stops, or placed on concrete pedestals at least
30 inches high above the pavement, or suitably protected by other
Township-approved means.
(c)
Pole-mounted fixtures for lighting horizontal tasks shall be
aimed straight down and poles shall be plumb.
(5)
Maintenance. Lighting fixtures and ancillary equipment shall be maintained
so as to always meet the requirements of this chapter.
(6)
Signs. The lighting of new or relighting of existing signs shall
require a building permit, which shall be granted when the municipality
is satisfied that excessive illumination, light pollution, glare and
light trespass have been adequately mitigated, and shall be subject
to the following requirements:
(a)
Externally illuminated signs shall have fixtures mounted at
the top of the sign and aimed downward. The fixtures shall be designed,
fitted and aimed to shield the source from off-site view and to place
the light output onto and not beyond the sign. Lighting shall be by
linear fluorescent. At no point on the face of the sign and at no
time shall the illumination exceed 30 vertical footcandles during
hours of darkness.
(b)
The light source for internally illuminated signs shall not
exceed 1,000 initial lumens per square foot of sign face.
(c)
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
E.
Plan submission. Where site lighting is required by this chapter, is otherwise required by the Township or is proposed by Applicant, lighting plans shall be submitted for Marlborough Township review and approval according to the standards in Article III of Chapter 215, Subdivision and Land Development.
F.
Compliance monitoring.
(1)
Safety hazards.
(a)
If Marlborough Township judges a lighting installation creates
a safety hazard, the person(s) responsible for the lighting shall
be notified and required to take remedial action.
(b)
If appropriate corrective action has not been effected within
15 days of notification, Marlborough Township may take appropriate
legal action.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When Marlborough Township judges an installation produces unacceptable
levels of nuisance glare, skyward light, excessive or insufficient
illumination levels or otherwise varies from this chapter, the Township
may cause notification of the person(s) responsible for the lighting
and require appropriate remedial action.
G.
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.
(1)
A nonconforming lighting fixture or lighting installation shall be
made to conform with the requirements of this chapter when:
(a)
Minor corrective action, such as re-aiming or shielding, can
achieve conformity with the applicable requirements of this chapter.
(b)
It is deemed by the Township to create a safety hazard.
(c)
It is replaced by another fixture or fixtures or abandoned or
relocated.
(d)
There is a change in use.
A.
Where an environmental assessment statement is required by this chapter,
it shall be submitted to the Board of Supervisors in compliance with
regulations and shall contain the information that follows:
(1)
A
description of all proposed facilities;
(2)
A physical description of the environment affected, including, but
not limited to, summary technical data and maps and diagrams adequate
to permit an assessment of potential environment impact by commenting
agencies and the public. Highly technical and specialized analyses
and data should be attached as appendices or footnoted with adequate
bibliographic references;
(3)
The interrelationship and cumulative environmental (including economic)
impact of the proposed facilities and other solid waste disposal facilities
shall be stated with adequate technical analysis;
(4)
The sources of data used to identify, quantify or evaluate any and
all of environmental consequences must be expressly noted;
(5)
Specific data relating to the impact of the proposed facilities on
natural and man-made local storm drainage facilities and areas;
(6)
Specific data relating to the impact of the proposed facilities on
sanitary sewage disposal;
(7)
Specific data relating to the impact of proposed facilities on the
existing floodplain areas of the Township, including details of any
measures or precautions which may have to be taken in order to provide
adequate flood control in the Township;
(8)
A statement of any probable adverse environmental effects which cannot
be avoided, such as water or air pollution, undesirable land use patterns,
damage to life systems, congestion, threats to public health, safety
or welfare or other consequences adverse to the environment. Included
for purposes of contrast should be a clear statement of how other
avoidable adverse effects will be mitigated;
(9)
The relationship between local short-term uses of the environment
and the maintenance and enhancement of long-term productivity. This
section should contain a brief discussion of the extent to which the
proposed action involves short-term environmental gains at the expense
of long-term losses, or the converse, and an explanation of the extent
to which the proposed action forecloses future options. In this context,
the words "short-term" and "long-term" should be viewed in terms of
the environmentally significant consequences of the proposed action;
(10)
The aesthetic impact of the proposed action including its impact
upon visual quality of the surrounding community;
(11)
An analysis of the success and/or failure of similar projects,
if the proposed project is a nonconventional nature. Determination
of the conventional or conventional character of the proposed project
will be made by the Township Supervisors as advised by the Township
Engineer;
(12)
A statement of any effects on desirable employment, taxes and
property values;
(13)
A statement of any effects on desirable community growth;
(14)
A statement describing the location and impact of the project
on nearby recreation areas; and
(15)
Such other reasonable information as reasonably required by
the Board of Supervisors, Township Planning Commission, Township Engineer,
and/or Township Solicitor.
B.
In developing the above data, applicant shall convey the required
information succinctly in a form easily understood both by members
of the public and by public decision-makers, giving attention to the
substance of the information conveyed rather than the particular form,
or length, or detail of the statement. Statements should indicate,
at appropriate points in the text, any underlying studies, reports,
and other information obtained and considered by the applicant in
preparing the statement. Care should be taken to insure that the statement
remains an essentially self-contained instrument capable of being
understood without the need for cross-reference.
C.
Each environmental statement should utilize a systematic, interdisciplinary
approach which will insure the integrated use of the natural and social
sciences and the environmental design arts in planning and decisionmaking
which may have an impact on the environment. Application of such an
approach should help assure a systematic evaluation of reasonable
alternative courses of action and their potential social, economic,
and environmental consequences.
A.
All uses shall be developed and operated in a manner that preserves
the quality of the existing environment and of any natural amenities
present on the site.
B.
All uses shall provide for the preservation and the minimum destruction
of natural drainage areas, minimum grading and destruction of the
ground surface, the preservation of substantial stands of trees and
forested areas, and the preservation of attractive views and any other
natural features existing on the site.
C.
No land or structure in any zoning district shall be used or occupied
in any manner that creates any:
(1)
Dangerous, injurious, noxious, or otherwise objectionable condition;
(2)
Fire, explosive, or other hazards;
(3)
Heat, electromagnetic, or other radiation;
(4)
Noise or vibration;
(5)
Smoke, dust, odor, or other form of air pollution or any other condition
in such manner or in such amount as to adversely affect the reasonable
use or value of the surrounding area or adjoining premises or be dangerous
to public health or safety.
The provisions of this chapter shall not be so construed as
to limit or interfere with the construction, installation, operation
and maintenance of public utility structures, or facilities in existence
at the time of passage of this chapter, or which may hereafter be
located with public easements or rights-of-way designated for such
purposes. The location of any such construction not within a public
easement or right-of-way, however, unless specifically provided for
in this chapter, shall be subject to approval of the Zoning Hearing
Board, which shall give consideration to the effect of such constructions
or installation upon the public safety and the character of the adjacent
neighborhood.
Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land, and which restrictions are not prohibited by or are not
contrary to the regulations herein established.
An application for any conditional use as specified in the various
articles of this chapter shall be considered by the Township Supervisors
according to the following procedure:
A.
Application.
(1)
The application shall be submitted in writing to the Township Planning
Commission.
(2)
The application shall include the request for approval of a conditional
use and sufficient information to document compliance with the applicable
standards of this chapter; a tentative sketch plan of the proposed
development shall be included.
(3)
The Township Planning Commission shall submit one copy of the application
to the Montgomery County Planning Commission for its advisory review,
one copy to the Township Board of Supervisors, and other copies to
agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public hearing within 60
days from the date of the applicant's request, unless the applicant
has agreed in writing to an extension of this time limit.
(2)
Public notice of the public hearing, stating the time, place, and
the particular nature to be considered, shall be published twice in
a newspaper of general circulation in the Township. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
(3)
The Board of Supervisors shall consider the comments and recommendations
of the Township and County Planning Commissions, other advisors, and
those present at the public hearing prior to deciding to approve or
deny the proposed use. In allowing a conditional use, the Board of
Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in the ordinance, as it may deem necessary
to implement the purposes of this zoning ordinance.
(4)
In deciding all applications for conditional uses, the Board of Supervisors
shall be guided by the following standards and criteria:
(5)
The Board of Supervisors shall render a written decision on the application
within 45 days after the last hearing in which the Board considered
the application.
(6)
Where the Board of Supervisors fails to render a decision within
45 days, or fails to hold the required hearing within 60 days from
the date of the applicant's request for a hearing, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing or on the record to an extension of
time.
The following accessory uses shall be permitted, subject to
the additional requirements herein:
A.
Uses accessory to agriculture:
(1)
Greenhouses, barns and machine sheds, preparation of products produced
on the premises for use, and the disposal thereof by marketing or
otherwise.
(2)
Roadside stand for display and sale of farm products, in accordance
with the following:
(3)
Keeping of livestock in conjunction with agriculture, in accordance
with the following:
(a)
Any accessory building associated with the keeping of livestock
shall be set back no less than 100 feet from a side or rear property
line.
(b)
Operation of an animal feed lot or piggery shall be permitted
only in nonresidential districts on properties of at least 50 acres;
such an operation shall be completely enclosed by fencing, and any
building or enclosure used in conjunction with such an operation shall
be set back a distance of at least 200 feet from any property boundary.
(c)
Livestock and other animals kept as part of an agricultural
operation may be kept without numerical limit, provided that the property
on which they are kept is at least 10 acres in size.
(d)
No livestock shall be kept as part of an agricultural operation
on lots of less than two acres. Keeping of livestock on lots between
two and 10 acres is limited to a per-acre rate as follows:
[1]
One head of large stock (horses, cows, etc.); offspring may
be kept with the mother(s) as needed according to the following time
schedule: horses, six months; beef cattle, six to eight months; dairy
cattle, one day.
[2]
Five head of medium stock (goats, sheep, etc.); offspring may
be kept with the mother(s) as needed according to the following time
schedule: sheep and goats, two months.
[3]
One hundred head of fowl or rodents (1,000 if confined to buildings).
|
For example, the owner of five acres could have five horses;
OR two cows, 10 goats, and 100 chickens; OR 10 sheep, 10 goats, and
100 rabbits.
|
B.
Uses accessory to dwellings:
(1)
Private garage, private parking space, shelter for pets.
(2)
Noncommercial swimming pool or other recreational facilities.
(3)
Private greenhouse, garden shed.
(5)
Keeping of horses and other large animals such as cattle, sheep or
goats, not in conjunction with agriculture, in accordance with the
following:
(a)
A minimum lot size of two acres is required to keep one such
animal; offspring may be kept with the mother(s) as needed according
to the following time schedule, horses: six months; beef cattle: six
to eight months; dairy cattle: one day; sheep and goats: two months.
(b)
One additional animal may be kept for each acre of lot size
in excess of two acres.
(7)
Accessory dwelling unit, in accordance with § 275-192B(3).
[Added 9-16-2009 by Ord. No. 09-9-1]
C.
Uses accessory to noncommercial recreational use. Customary recreation,
refreshment and service uses and buildings in any noncommercial recreational
area.
D.
Other accessory uses. Accessory uses other than those listed may
be permitted in compliance with the requirements for principal uses
in the district in which they are located and which they are accessory
to.
E.
Any building used for an accessory use which exceeds 750 square feet
shall require a special exception from the Zoning Hearing Board.
A.
Routine parking of not more than two commercially registered vehicles
with not more than four wheels each, which are used regularly or frequently
for business purposes, shall be permitted. Routine parking of more
than two such vehicles shall constitute a business operation and shall
not be permitted in a residential district.
B.
Routine parking of one commercially registered vehicle with more
than four wheels which is used regularly or frequently for business
purposes shall be permitted; more than one shall constitute a business
operation and shall not be permitted in a residential district.
[Amended 6-14-2023 by Ord. No. 2023-02]
No structure or premises shall be used for the provision of
day-care facilities except in accordance with the provisions of this
section.
A.
All day-care facilities shall comply with all applicable requirements
of the Human Services Code, 62 P.S. § 101 et seq., as amended,
and with any other relevant and applicable county, state, or federal
regulations governing such facilities.
B.
All day-care facilities shall register with the Township on an annual
basis using the form designated by the Township for such purposes,
and shall include with the registration a current certificate of compliance
issued by the Pennsylvania Department of Human Services Office of
Child Development and Early Learning, or other such state agency tasked
with overseeing such facilities.
C.
All day-care facilities shall provide written notice to local police
and fire departments as to the scope of their operation, including
the number of clients (child or adult) and employees, location of
sleeping areas, and hours of operation.
D.
All pedestrian pathways shall be adequately lit for safety if utilized
during nondaylight hours. Such lighting shall not produce objectionable
glare on adjacent properties.
E.
All day-care facilities that provide care for children over the age
of one year shall provide an outdoor play area of 100 square feet
per child over one year of age. Under no circumstances shall this
outdoor play area be less than 300 square feet in size. This area
shall not include any impervious surface or parking area. The outdoor
play area shall be located to the side or rear of the property, and
may not be located in a front yard.
F.
A child day-care center and an adult day-care center shall be a conditional
use in any zoning district, and a copy of the application for a certificate
of compliance to be issued by the Department of Human Services Office
of Child Development and Early Learning, or other such state agency
tasked with overseeing such facilities, shall be provided as a part
of the conditional use application to the Township. Child day-care
centers and adult day-care centers shall meet the following requirements.
(1)
Where a child day-care center is located in a residential zoning
district, the number of children cared for at any one time shall not
exceed 10 in order to preserve the integrity of the residential zone.
(2)
Where an adult day-care center is located in a residential zoning
district, the number of adults cared for at any one time shall not
exceed 10 in order to preserve the integrity of the residential zone.
(3)
Parking.
(b)
Day-care dropoff areas.
[1]
A minimum of one safe dropoff space shall be provided for each
20 children or adults that the facility is licensed to accommodate.
[2]
Dropoff area location and design. The dropoff area shall be
located immediately adjacent to the day-care center and designed in
a way that pedestrians do not cross vehicular traffic lanes in any
parking areas or driveways.
(4)
The outdoor play area as required for child day-care centers per § 275-63D and any outdoor area to be used as part of an adult day-care center (which shall be located in a side or rear yard of the property) shall be enclosed with a fence and a self-closing gate that can be secured. The fence shall be a minimum of four feet high and the fence shall be erected around the designated outside play area or outdoor area in the case of an adult day-care center. The fence shall not exceed any other applicable height restriction imposed by this Zoning Ordinance. Natural barriers such as hedgerows, dense vegetation, etc., may not be substituted for fencing required by this section.
(5)
Any approval of a conditional use for a child day-care center or
an adult day-care center shall be conditioned upon the applicant obtaining
a certificate of compliance for such use from the Pennsylvania Department
of Human Services Office of Child Development and Early Learning,
or other such state agency tasked with overseeing such facilities.
G.
A family day-care home or group day-care home shall be a permitted
use in any zoning district, provided a copy of the certificate of
compliance issued by the Department of Human Services shall be provided
to the Zoning Enforcement Officer prior to the initiation of the day-care
use. A family day-care home or group day-care home shall meet the
following standards:
(1)
The applicant must obtain all necessary county, state, and federal
licenses for the use prior to the granting of a permit by the Township
Building Code Official.
(2)
A use shall be conducted in a building designed for residential occupancy
and for the safety and well-being of the occupants.
(3)
Family day-care use is only permitted as an accessory use to single-family
attached and detached use.
(4)
If a family day-care home is located adjacent to a nonresidential
use, a parking lot, or a street with a classification higher than
a residential access street, the outdoor play area shall be enclosed
by a minimum four-foot high fence. Natural barriers such as hedgerows,
dense vegetation, etc., may not be substituted for fencing. The outdoor
play area shall be located to the side or rear of the property, and
the fence height shall not exceed any other applicable height restriction
imposed by this Zoning Ordinance.
(5)
No more than one person, other than members of the immediate family,
may be employed.
H.
Parking standards. In addition to the off-street parking required
for the residential use, at least one additional off-street parking
space shall be provided for each employee.
[Amended 10-10-2007 by Ord. No. 07-10-3; 8-10-2022 by Ord. No. 2022-02; 6-14-2023 by Ord. No. 2023-02]
A.
All home occupations, whether major or minor, shall meet the following
standards:
(1)
The area for a home occupation conducted within a dwelling shall
be no greater than 50% of the gross livable floor area of the dwelling
with a maximum area dedicated to the home occupation of 500 square
feet.
(2)
For a home occupation that is conducted within an accessory structure,
the area dedicated to the home occupation shall be no greater than
500 square feet.
(3)
The total area dedicated to a home occupation shall be no greater
than 500 square feet.
(4)
Home occupations must be conducted entirely within a residential
dwelling that is the bona fide residence of the principal practitioner
or an accessory structure that is normally associated with the residential
use.
(5)
The home occupation and its associated structures shall conform to
all applicable dimensional standards of the applicable zoning district
in which the property is located.
(6)
The home occupation shall not have any business-related exterior
storage or display of goods and/or merchandise. All storage shall
occur in areas allowed for the home occupation use.
(7)
There shall be no sale of goods on the premises.
(8)
The home occupation shall not alter the exterior appearance of the
dwelling or accessory structure, except to comply with any federal,
state, or Township accessibility requirements.
(9)
Any use, except professional offices, which involves building alterations
requiring Pennsylvania Department of Labor and Industry approval is
not permitted as a home occupation use.
(10)
Family day-care homes and group day-care homes shall not be considered home occupations and are governed by § 275-63.
(11)
No home occupation shall require trash pickup in excess of that
normally required for a single-family detached residential dwelling.
(13)
No occupational sounds shall be audible at the property line
of the parcel on which the home occupation use is conducted.
(14)
No occupational odors shall be detected at the property line
of the parcel on which the home occupation use is conducted.
(15)
No machinery or equipment shall be used that will cause interference
with the radio or television reception of nearby residences or operate
in violation of the Township Nuisance Ordinance.
B.
Home occupations shall be grouped into minor and major classifications,
in accordance with the following criteria:
(1)
Minor home occupations are permitted by right in all residential
dwellings, and shall meet the following criteria:
(a)
The home occupation shall be conducted solely by resident occupants
of the residential dwelling.
(b)
There shall be no regular visitors or truck deliveries associated
with the minor home occupation.
(c)
The minor home occupation shall not generate the need for any
additional parking spaces beyond those required for the residential
use.
(d)
There shall be no signage associated with the minor home occupation.
(e)
No home occupation permit shall be required for a minor home
occupation. All otherwise applicable permitting requirements of the
Township, county, or state shall remain applicable to the minor home
occupation.
(2)
Major home occupations are permitted as a special exception in all
single family detached residential dwellings located on a lot that
is 17,000 square feet or larger. Major home occupations are defined
as uses that meet the following criteria:
(a)
All major home occupations shall obtain a permit from the Township
and be subject to any and all applicable fees established in the Township's
fee schedule. The major home occupation permit application shall be
signed by the property owner and the occupant of the property, if
different. The major home occupation permit shall be renewed on an
annual basis.
(b)
Major home occupations shall be conducted solely by the resident
occupant(s) of the residential dwelling. One person not a resident
of the dwelling may be employed as part of the major home occupation.
(c)
Clients of the major home occupation are permitted to come to
the property between the hours of 8:00 a.m. and 9:00 p.m., Monday
through Saturday, excluding holidays.
(d)
No more than two parking spaces, in addition to those otherwise
required for the residential dwelling, shall be permitted. No more
than 10% of the gross area of the lot may consist of parking areas
and/or driveways. Major home occupations may not exceed the impervious
coverage standard of the underlying zoning district in which the property
is located.
(e)
There shall be no regular deliveries to or from a home occupation
from a vehicle with more than two axles.
(f)
All signage must conform to all applicable regulations found in Article X of this Zoning Ordinance.
(g)
Only one home occupancy permit is allowed per property and the
permit shall be nontransferable.
Bed-and-breakfast accommodations may be operated as home occupations
in single-family detached, owner-occupied buildings, subject to the
following regulations:
A.
Bed-and-breakfast accommodations require approval of a special exception
from the Zoning Hearing Board.
B.
A bed-and-breakfast enterprise shall have no more than five guest
bedrooms, accommodating no more than 10 guests at any one time; no
paying guest shall stay on any one visit for more than 30 days.
C.
One off-street parking space for each guest bedroom shall be provided
in a side or rear yard.
D.
Meal service is limited to one daily meal per paying overnight guest.
Owners shall comply with all federal, state and local requirements
for the preparation, handling, and serving of food.
E.
Owner shall maintain a current guest register.
F.
Bed-and-breakfast accommodations may not sell alcoholic beverages.
G.
Each bed-and-breakfast facility shall be equipped with smoke detectors
and fire extinguishers in accordance with the requirements of the
Pennsylvania Department of Labor and Industry and with the stipulations
of the Township Fire Code. Guests shall be provided with information
regarding the floor plan of the building and the location of emergency
exits.
H.
If the facility is served by an on-site sewage system, the owner
must obtain written approval from the Township Sewage Enforcement
Officer confirming the adequacy of the system to serve the increased
demand resulting from the facility.
A.
General standards.
(1)
No advertising shall be affixed to any part of an antenna satellite
dish, or supporting structure.
(2)
Installation shall require a use and occupancy permit.
(3)
(4)
All installations shall be located to prevent obstruction of the
antenna or satellite dish reception window from potential permitted
development on adjoining properties.
B.
Ground-mounted antennas and satellite dish antennas. The accessory
use of ground-mounted antennas and satellite dish antennas shall meet
the standards and criteria for the following zoning districts:
(1)
General standards.
(a)
In any zoning district, permanent, extendable, retractable,
or telescoping ground-mounted tower, mast, or support, and accompanying
antenna that is accessory to a permitted or special use, may be erected
to a maximum height of 65 feet above mean ground level as measured
at the base of the structure, provided said antenna(s) may only be
located in a side or rear yard.
(b)
The antenna tower must be set back from all applicable side
and rear yard setbacks one foot for every one foot of antenna height.
For example, a forty-foot antenna must be set back 40 feet from the
setback line. All installations must comply with all accessory use
yard, height, bulk, and setback requirements specified within the
district.
(2)
All nonresidential districts. In all nonresidential districts, ground-mounted
satellite dish antennas may be erected to maximum height of 15 feet
above mean ground level as measured from the base of the structure.
If the subject parcel abuts a residence district, all such antennas
shall be placed a minimum of 20 feet from any lot line and effectively
screened from any adjoining residential property.
(3)
All residential districts. In a residential district, one accessory
ground-mounted satellite dish antenna may be erected to a maximum
height of 12 feet above mean ground level as measured at the base
of the structure and provided the following criteria are met:
(a)
The satellite dish antenna shall be neutral in color and, to
the extent possible, compatible with character and appearance with
the surrounding neighborhood;
(b)
All installations must include screening treatments located
along the antenna's nonreception window axes and low-level ornamental
landscape treatments along the reception window axes of the antenna's
base. Such treatments should completely enclose the antenna.
C.
Roof-mounted antennas and satellite dish antennas. The accessory
use of roof-mounted antennas and satellite dish antennas shall meet
the standards and criteria for the following zoning districts:
(1)
All residential districts; antennas. In any residential district,
roof-mounted accessory antennas (except satellite dish antennas) may
be erected on the roof of the principal or accessory building to maximum
height of 25 feet above the maximum height of the building on which
it is located.
(2)
All residential districts; satellite dish antennas. In any residential
district, roof-mounted satellite dish antennas may be erected as a
special exception when the following criteria are met:
(a)
Demonstration by the applicant that compliance with the applicable
yard, setback, and height restrictions would result in the obstruction
of the antenna's reception window; furthermore, such obstruction involves
factors beyond the applicant's control;
(b)
The height of the proposed installation does not exceed the
maximum height restriction imposed upon primary and accessory uses
within the district;
(c)
Only one satellite dish antenna shall be permitted per lot;
(d)
Satellite dish antennas shall not exceed 12 feet in diameter;
(e)
Satellite dish antennas shall be neutral in color and, to the
extent possible, compatible with the appearance and character of the
neighborhood.
(3)
All nonresidential districts. In all nonresidential zoning districts,
roof-mounted accessory antennas of any type may be erected on the
roof of the principal or accessory building to a maximum height of
35 feet above maximum height of the building on which it is located,
provided the following criteria are met:
(a)
Satellite dish antennas and microwave relay antennas shall not
be visible between ground level and 10 feet above ground level from
any street adjoining the lot;
(b)
Satellite dish antennas shall not exceed 12 feet in diameter.
Microwave relay antennas shall not exceed four feet in diameter.
(c)
Satellite dish antennas, microwave relay antennas, and their
accompanying support structures shall be neutral in color and, to
the extent possible, compatible with the appearance and character
of the neighborhood.
Kennels, where specified as a permitted use in the district
regulations, are subject to the following provisions:
A.
A minimum lot size of five acres shall be provided.
B.
No animal shelter or run shall be permitted within 100 feet of any
property line or 200 feet of any other dwelling.
C.
A total screen buffer shall be provided along property boundaries
with residential uses, to control noise and odor.
D.
The total number of dogs per acre shall not exceed five per acre,
not including dogs under six months old.
The Zoning Hearing Board may grant a special exception for the
conversion of any existing single-family detached dwelling, or of
accessory structures in existence on the effective date of this chapter
into no more than two additional dwelling units, subject to the following
restrictions:
A.
Minimum unit size. The minimum size of each existing or newly created
dwelling unit shall be a minimum of 400 square feet, plus 100 square
feet for each bedroom. For example:
|
Number of Bedrooms in Unit
|
Minimum Square Footage Required per Unit
| |
|---|---|---|
|
0 (efficiency)
|
400
| |
|
1
|
500
| |
|
2
|
600
|
B.
Number of units permitted. Regardless of the size or number of existing
dwelling units, the total number dwelling units on any one parcel
after conversion shall not exceed three.
C.
General standards.
(1)
There shall be no external alteration of the building except as may
be necessary for reasons of safety or improved design for otherwise
permitted units. Any alterations shall reflect the architectural character
of the existing building. Fire escapes and outside stairways shall,
where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of access to the outdoors
or to a hall with direct access to the outdoors.
(3)
The off-street parking requirements of Article IX, herein, must be met. All dwelling units shall share the existing driveway's entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors and fire
extinguishers. A dwelling unit located at or above the second story
of a converted structure must have a fire escape.
(5)
If on-site sewage systems are to be used, the applicant must submit
evidence to the Zoning Hearing Board showing that the total number
of occupants in the converted dwelling units will not exceed the capacities
of the existing sewage systems. The Sewage Enforcement Officer shall
review and approve any proposed expansion or addition of systems.
The following standards and criteria shall govern adult uses
as defined and permitted in this chapter:
A.
No adult use shall be permitted to be located within 500 feet of
an existing residence, residential district, church, school or school
property line, playground, park, or any other adult use.
B.
No adult use shall be considered to be a permissible change of use, in conformance with Article VI, Nonconforming Status, unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards, and criteria of this section.
C.
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities, or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article X, Signs, of this chapter.
D.
If any portion of a use meets the definition of "adult use," then
that portion must comply with the requirements of this section.
A.
Where permitted by district regulations, surface mining and quarrying
shall be permitted only on sites of more than 25 acres.
B.
Mining and quarrying activities shall take place only between the
hours of 7:00 a.m. and 7:00 p.m., and shall not take place on Sundays
or legal holidays.
C.
Trucks shall be covered when leaving the site, and shall not create
dusty conditions beyond the boundaries of the subject property.
D.
Surface mines and quarries shall have a one-hundred-foot setback
from district boundaries or where the use abuts a residential use
property line.
E.
Planting screen.
(1)
A planting screen shall be provided along the perimeter of the site
and have a minimum width of 35 feet consisting of one of the following
plant materials:
(2)
Existing healthy trees, shrubs, or woodlands may be substituted for
part or all of the required plant material at the discretion of the
Board of Supervisors. The minimum quantities and/or visual effect
of the existing vegetation shall be equal to or exceed that of the
required buffer.
Heliports shall be permitted when authorized by the Board of
Supervisors as a conditional use only in the R-1, GC, LI, or HI Districts,
or at an airport licensed by the Federal Aviation Administration,
only when licensed by the Pennsylvania Department of Transportation,
Bureau of Aviation, and otherwise in compliance with applicable federal
regulations.
A.
No portion of a heliport, including buildings, storage, maintenance,
and landing area, may be within 250 feet of a property line of a residentially
or institutionally used property.
B.
Appropriate fencing shall be provided by the applicant to restrict
pedestrian and vehicular access to the heliport.
C.
Development shall otherwise be in accordance with the requirements
of the district in which the heliport is located.
D.
A heliport may not be used unless a valid Township conditional use
permit is in effect.
(1)
Helicopter landing or takeoff without a valid permit may be allowed
when it is done:
(a)
In conjunction with a special event, such as an athletic contest,
a holiday celebration, parade or similar activity, after reasonable
advance notice has been given to the Township of the intention to
do so;
(b)
On an occasional or infrequent basis from an unprepared site
either as a business accessory use or as an industrial aid;
(c)
When necessary for law enforcement purposes or for medical emergencies;
or
(d)
With written approval of the Board of Supervisors.
(2)
The applicant shall apply to the Board of Supervisors for a tentative
approval of the conditional use.
(3)
Following tentative approval, the applicant shall secure all necessary
state and federal licenses and permits. The applicant may submit plans
for land development approval for the heliport at the same time.
(4)
After securing all necessary state and federal licenses and permits,
and receiving land development approval for the heliport plan, the
Board of Supervisors will grant final approval to the conditional
use application.
(6)
The permit shall be renewable annually.
(7)
The permit shall be automatically revoked:
(a)
If the Bureau of Aviation, PADOT revokes the heliport's license
or refuses to relicense the heliport after one of its periodic inspections;\
(b)
If the FAA withdraws or revokes its approval, if initially required;
or
(c)
Thirty days after the Building Code Official has notified the
permit holder in writing that the heliport is no longer in compliance
with the Township permit's requirements, provided that the noncompliance
has not been corrected within those 30 days.
(8)
When the heliport's permit and/or license has been revoked, the operator
shall close the site by publishing and posting notices to that effect,
and employing such visual markers as are customary for this purpose.
(9)
Other aircraft. Other aircraft such as balloons, ultralights, etc.,
may take off and land only at properly licensed airports or heliports.
Heliport use for these purposes shall be permitted only when authorized
by the Board of Supervisors as a conditional use. The Supervisors
may limit the hours of operation and number of aircraft involved as
part of their approval.
A.
Intent. A traffic impact study is intended to enable the Township
to assess the traffic impacts of a proposal. Specifically, its purpose
is to:
(1)
Identify any traffic problems that may be created in the existing
highway network as a result of the proposal.
(2)
Delineate solutions to potential problems and to present improvements
to be incorporated into the proposal or into the highway and/or public
transit systems within the study area.
(3)
Assist in the protection of air quality and the conservation of energy,
and to encourage the use of public transit, where available.
B.
Preparation of study. The traffic impact study shall be prepared
by a qualified traffic engineer and/or transportation planner with
the cost borne by the applicant. The procedures and standards for
the traffic impact study are set forth below.
C.
Applicability.
(1)
A traffic impact study shall be submitted with all requests for change
of zoning, special exception, conditional use, and as part of the
preliminary plan application for all subdivisions and/or land developments
and/or planned residential developments when the proposed use and/or
development involves 30 or more dwelling units or 25,000 square feet
of nonresidential floor area.
(a)
Proposals which would not be required to produce a traffic impact
study by reason of size, above, must produce a study if the expected
number of trips generated per day exceeds 1,000.
(b)
The anticipated number of trips per day shall be determined
through the use of Institute of Transportation Engineers' (ITE) Trip
Generation Report (Fourth edition, or as amended). The proposed use
or development shall be identified using the appropriate ITE land
use code. Where doubt exists, the applicant shall seek guidance from
the Planning Commission.
(2)
An application which requires a traffic impact study shall not be
considered complete until the traffic impact study is submitted to
the appropriate review body in accordance with the provisions of this
section.
(3)
The appropriate review body, at its discretion, may require any other
subdivision, land development, zoning change, special exception or
conditional use application to be accompanied by a traffic impact
study.
D.
General requirements and standards.
(1)
Site description.
(a)
The site description shall include the size, location, proposed
land uses, construction staging and completion date of the proposed
land development. If the development is residential, types of dwelling
units shall also be included.
(b)
The general site description shall also include probable socioeconomic
characteristics of potential site users to the extent that they may
affect the transportation needs of the site, e.g., number of senior
citizens. A brief description of other major existing and proposed
land development within the study area shall be provided.
(2)
Transportation facilities description. The description shall contain
a full documentation of the proposed internal and existing external
transportation system:
(a)
This description shall include proposed internal vehicular,
bicycle and pedestrian circulation, all proposed ingress and egress
locations, all internal roadway widths and rights-of-way, parking
conditions, traffic channelizations, and any traffic signals or other
intersection control devices at all intersections within the site.
(b)
The report shall describe the entire external roadway system
within the study area. Intersections in the study area shall be identified
and illustrated. Any existing and proposed public transit services
and facilities within a one-mile radius of the site shall also be
documented.
(c)
All future highway improvements, including proposed construction
and traffic signalization, shall be indicated. This information shall
be obtained from the Pennsylvania Department of Transportation's Twelve-Year
Highway and Bridge Program and from the Township. Any proposed roadway
improvements associated with surrounding proposed development shall
be noted.
(3)
Existing traffic conditions. Existing traffic conditions shall be
measured and documented for all roadways and intersections in the
study area and shall include:
(a)
Current average daily traffic volumes, peak highway hour(s)
traffic, and peak development-generated hour(s) traffic.
(b)
Manual traffic counts at all intersections in the study area,
encompassing the peak highway and development-generated hour(s), with
documentation included as a technical appendix to the report.
(c)
Delay analysis based upon existing volumes, performed during
the peak highway hour(s) and the peak development-generated hour(s)
for all roadways and intersections in the study area.
(d)
Volume/capacity (v/c) analysis for all intersections having
a level of service D, E or F or which should be reasonably expected
to have such a level of service after the proposed development. Volume/capacity
ratios and delay levels of service shall be determined for each location
according to the 1985 Highway Capacity Manual, as amended.
(e)
The date or dates when any and all traffic counts were made.
(f)
Analysis of the adequacy of the existing roadway system to serve
the current traffic demand. Roadways and/or signalized intersections
experiencing level of service E or F, and v/c ratios grater than or
equal to 1.0 shall be noted as deficient. Unsignalized or undersignalized
intersections with level of service E or F shall be noted as deficient.
(4)
Impact of development.
(a)
Estimation of vehicular trip generation to result from the proposal
shall be completed for the average daily peak highway hour(s) and
peak development-generated hour(s). All turning movements shall be
calculated.
(b)
These generated volumes shall be distributed to the study area
and assigned to the existing roadways and intersections throughout
the study area. Provide documentation of all assumptions used in the
distribution and assignment phases. Traffic volumes shall be assigned
to individual access points.
(c)
Pedestrian volumes shall also be calculated, if applicable.
If school crossings are to be used, pedestrian volumes shall be assigned
to each crossing.
(d)
Note any characteristics of the site that will cause particular
trip generation or distribution problems.
(5)
Analysis of impact.
(a)
The total future traffic shall be calculated and shall consist
of the existing traffic volume expanded to the project completion
year using an annual background growth factor plus the development-generated
traffic and the traffic generated by other proposed developments in
the study area.
(b)
The annual background growth factor shall be determined using
the projected rates of population and employment growth as determined
by Montgomery County Planning Commission and the average annual traffic
growth of the area's roadways as determined from the Delaware Valley
Regional Planning Commission's "Highway Network Coverage Traffic Counts"
and current twenty-four-hour traffic counts.
(c)
Delay analysis shall be conducted using the total future demand
and the future roadway capacity. If staging of the proposed development
is anticipated, calculations for each stage of completion shall be
made.
(d)
Analysis shall include the peak highway hour(s) and peak development-generated
hour(s) for all roadways and intersections in the study area. Delay
calculations shall be completed for all intersections and proposed
access points to the development. A volume/capacity (v/c) analysis
shall be conducted for all intersections having a future level of
service D, E or F.
(e)
All access points and pedestrian crossing shall be examined
as to the feasibility of installing traffic signals. This evaluation
shall compare the projected traffic and pedestrian volumes to the
warrants for traffic signal installation.
(6)
Conclusions and recommendations.
(a)
Levels of service (LOS) and volume/capacity (v/c) ratios shall
be listed for all roadways and intersections. All roadways and intersections
showing a level of service E or F, and v/c rations equal to or greater
than 1.0 shall be considered deficient.
(b)
The proportion of site-generated traffic to total future traffic
shall be identified at each lane group that is considered deficient.
Specific recommendations for the elimination of all deficiencies shall
be listed and shall include internal circulation design, site access
location and design, external roadway intersection design and improvements,
traffic signal installation and operation including signal timing,
and transit design improvements.
(c)
All physical roadway improvements shall be illustrated.
(d)
Signal timing shall be evaluated for any intersection with a
level of service D, E or F, but a volume/capacity (v/c) ratio less
than 1.0. Warrants for signalization shall be examined for unsignalized
or undersignalized intersections with level of service E or F.
(e)
Existing and/or future public transit service shall also be
addressed and any transportation management techniques which would
be available to the proposed development shall be identified. A listing
of all actions to be taken to encourage public transit usage for development-generated
trips and/or improve existing service, if applicable, shall be included.
E.
CAPACITY ANALYSIS
LEVEL OF SERVICE
MAJOR INTERSECTION
OFF-SITE TRANSPORTATION IMPROVEMENTS
ON-SITE TRANSPORTATION IMPROVEMENTS
PUBLIC TRANSIT
STUDY AREA
(1)
(2)
(3)
(4)
TRIP
TRIP-GENERATION RATES
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
Traffic-related definitions. As used in this section, the following
terms shall have the meanings indicated:
Intersection approach capacity is the maximum rate of vehicular
flow that can pass through an intersection under prevailing roadway,
traffic and signalization conditions. The analysis compares the actual
or projected traffic volume to the intersection capacity and results
in a volume/capacity (v/c) ratio.
Level of service (LOS), as described in the 1985 Highway
Capacity Manual (Special Report 209, Transportation Research Board,
as amended), is a qualitative measure of the operational conditions
within a traffic stream and their perceptions by motorists. Levels
of service are defined in terms of delay for signalized intersections
and reserve capacity for unsignalized intersections. Six levels of
service (A through F) are defined for each type of facility, with
LOS "A" representing least congested operating conditions and LOS
"F" representing a breakdown in operating conditions.
The intersection of any arterial or collector street with
any other arterial or collector street as defined by the Highway Classification
Map of the Township or the equivalent document of adjacent municipalities,
where appropriate. The transportation engineer shall seek guidance
from the Planning Commission prior to the initiation of the traffic
impact study to insure agreement on the location of major intersections.
Other transportation-related improvements which are generally
not contiguous with the property being developed and not required
as an on-site improvements but found to be necessary, partly or wholly
as a result of the proposed development.
All improvements on or adjacent to the development site in
the public right-of-way required to be constructed by the developer
pursuant to any ordinance, resolution or requirement of the Township.
Transportation services for the general public provided by
a common carrier of passengers generally but not necessarily on a
regular route basis, by a public authority or a private operator offering
service to the public.
The study shall be defined by two concentric circles at each
access point:
The first circle shall have a radius of 1/2 mile from each access
point and shall include all intersections along all roadways on which
the tract has frontage and all major intersections on all other roadways.
The second circle shall have a radius of one mile from each
access point and include all major intersections on all roadways on
which the tract has frontage. In the case that no major intersections
are encountered on frontage roadways within either the one-half-mile
or one-mile radius areas, the study area shall be extended along frontage
roadways to at least the first major intersection in each direction.
Proposals that will generate more than 2,500 new average daily
trips shall expand the first concentric circle to a one-mile radius
and the second circle to a two-mile radius.
All intersections identified in the study area should be examined,
even if the intersections are located outside of the Township. The
transportation engineer shall seek guidance from the Planning Commission
prior to the initiation of the traffic impact study to insure agreement
on the study area boundaries.
A one-way trip into or out of the premises, and not what
is commonly referred to as a "round trip."
The total count of trips to and from a study site per unit
of land use, as measured by parameters like dwelling units or acres.
The Institute of Transportation Engineers (ITE) Trip Generation Report
(Third Edition, as amended) shall be referenced to determine specific
rates.
A series of tests which detail the minimum traffic or pedestrian
volumes or other criteria necessary for the installation of a traffic
signal. These warrants are contained in the Manual on Uniform Traffic
Control Devices for Streets and Highways (U.S. Department of Transportation,
Federal Highway Administration, 1978, as amended).
No fence or wall over six feet in height, except a retaining
wall or a wall of a building permitted under the terms of this chapter,
shall be erected, 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
4:1. The Zoning Hearing Board may authorize by special exception the
erection of walls or fences of greater height in such cases as may
be necessary to provide adequate protection, shielding, or screening
for open storage or equipment areas or other unsightly areas.
[Added 1-11-1999 by Ord. No. 99-2]
All group homes shall meet the following criteria:
A.
No such residential facility shall be located within 1,500 feet of
another such facility, except such facilities located within the Institutional
Overlay District. Measurement shall be made from the nearest point
of the site of the existing facility to the nearest point of the site
of the proposed facility.
B.
The number of residents shall be limited to eight occupants, including
on-site staff, except for such facilities located within the Institutional
Overlay District.
C.
One off-street parking space shall be provided for each staff member,
and one off-street parking space shall be provided for each four residents.
D.
The facility shall provide twenty-four-hour supervisory staff.
E.
Any medical or counseling services provided shall be done only for
the residents of the facility.
F.
The facility shall be, as practically as possible, in keeping with
the building and architectural design of the properties in the neighborhood,
considering the size of the building and the character of the building
materials.
G.
The facility shall be approved by the appropriate state and county
agencies and shall be maintained and operated in accordance with the
applicable state and county regulations.
H.
The following additional information shall be provided prior to occupancy:
[Added 1-11-1999 by Ord. No. 99-1]
In recognition of the quasi-public nature of cellular/digital
communications systems, the following regulations shall apply:
A.
Purposes.
(1)
To accommodate the need for cellular/digital communications antennas
while regulating their location and number in the Township.
(2)
To minimize adverse visual effects of cellular/digital communications
antennas and antennas support structures through proper design, siting,
and vegetative screening.
(3)
To avoid potential damage to adjacent properties from antenna support
structure failure and falling ice through engineering and proper siting
of antenna support structures.
(4)
To encourage the joint use of any new antenna support structures
to reduce the number of such structures needed in the future.
B.
Use regulations.
[Amended 4-10-2000 by Ord. No. 2000-2B; 8-23-2010 by Ord. No.
10-08-02]
(1)
An antenna that is attached to an existing communications tower,
smoke stack, water tower, or other tall structures, is permitted in
all zoning districts.
(2)
The height of the antenna shall not exceed the height of the existing
structure by more than 15 feet. If the antenna is to be mounted to
an existing structure, a full site plan shall not be required.
(3)
A cell site with an antenna that is either not mounted on an existing
structure, or is more than 15 feet higher than the structure on which
it is mounted, is permitted as a conditional use as follows:
(4)
All other uses ancillary to the antenna, including a business office,
maintenance depot, vehicle storage, etc., are prohibited from the
cell site, unless otherwise permitted in the zoning district in which
the cell site is located.
C.
Standards of approval of conditional uses.
[Amended 4-10-2000 by Ord. No. 2000-2B]
(1)
The cellular/digital communications company is required to demonstrate,
using technological evidence, that the antenna must go where it is
proposed in order to satisfy its function in the company's grid system.
(2)
If the cellular/digital communications company proposes to build
an antenna support structure or other structure (as opposed to mounting
the antenna on an existing structure), it is required to demonstrate
that it contacted the owners of tall structures within a one-quarter-mile
radius of the site proposed, asked for permission to install the antenna
on those structures, and was denied for reasons other than economic
ones. This would include smoke stacks, water towers, tall buildings,
antenna support structures of other cellular/digital communications
companies, other communications towers (fire, police, etc.) and other
tall structures. The municipality may deny the application to construct
a new antenna support structure if the applicant has not made a good
faith effort to mount the antenna on an existing structure.
D.
Standards of approval of all cellular/digital communication antennas.
(1)
Antenna height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved. The applicant
must also demonstrate, using technological evidence, that the facility
must be located as proposed to serve the company's system.
(2)
Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure (or any guy wire anchors) and any property line,
right-of-way, building, structure, parking space shall be the largest
of the following:
(3)
Antenna support structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by the manufacturers.
(4)
Fencing. A fence shall be required around the antenna support structure,
guy wires, and other equipment, unless the antenna is mounted on an
existing structure. The fence shall be eight feet in height, exclusive
of barbed wire protection. All guy wires shall be clearly marked so
as to be visible at all times.
(5)
Landscaping. The following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general, soften the appearance of the cell site.
The Township may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping
if they achieve the same degree of screening as the required landscaping.
If the antenna is mounted on an existing structure, and other equipment
is housed inside an existing structure, landscaping shall not be required.
(a)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(b)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(6)
In order to reduce the number of antenna support structures in the
community in the future, the proposed support structure shall be required
to accommodate other users, including other cellular/digital communication
companies, and local police, fire, and ambulance companies.
(7)
The cellular/digital communication company must demonstrate that
it is licensed by the Federal Communications Commission.
(8)
Required parking. If the cell site is fully automated, adequate parking
shall be required for maintenance workers. If the site is not automated,
the number of required parking spaces shall equal the number of people
on the largest shift.
(9)
Antenna support structures under 200 feet in height should be painted
silver or have a galvanized finish retained in order to reduce the
visual impact. Support structures may be painted green up to the height
of nearby trees. Support structures 200 feet in height or taller,
or those near airports shall meet all Federal Aviation Administration
(FAA) regulations. No antenna support structure may be artificially
lighted except when required by the FAA.
(10)
The applicant shall be required to remove the antenna support
structure if use of the same is discontinued and removal is requested
by the Board of Supervisors.
(a)
Prior to the receipt of a zoning permit for the construction
of the antenna support structure, the applicant shall provide to the
Township financial security sufficient to guarantee the removal of
the structure.
(b)
Said financial security shall remain in place until the antenna
support structure is removed.
(11)
A full site plan shall be required for all cell sites, showing the antenna(s), antenna support structure, building, fencing, buffering, access, and all other requirements of Chapter 215, Subdivision and Land Development, as amended. The site plan shall not be required if the antenna is to be mounted on an existing structure.
[Amended 4-10-2000 by Ord. No. 2000-2B]
(12)
The applicant shall demonstrate that the poor quality or nonexistence
of digital/cellular communications in the area to be served by the
cell site and structure for which the conditional use is sought results
in a significant gap in service in such area that will be reduced
or corrected by the cell site and structure proposed by the applicant.
Further, the applicant shall demonstrate that it has made a diligent
and good faith effort to identify and evaluate less intrusive alternatives
to the cell site and structure for which approval is sought, including,
without limitation: consideration of less sensitive sites within and
outside of the Township; alternate system designs; alternate tower
designs; and placement of antennas on existing structures. In demonstrating
that it has made a diligent and good faith effort to place its antennas
on existing structures, the applicant must identify all existing structures
on which the applicant's antennas may be located to provide coverage
in the area sought to be served by the applicant's antenna and identify
with specificity the reason or reasons the applicant is unable or
unwilling to locate the applicant's antenna at or on any such existing
structures. The fact that the owner or other party with rights in
or to any such existing structure requires a license or rental fee
for occupancy of such structure, and/or the execution of a license
or other occupancy agreement upon reasonable terms and conditions
as such owner or other party may require, shall not be deemed sufficient
justification for the applicant's unwillingness to locate the applicant's
antennas at such structure. The approval of an applicant's application
for conditional use to locate a cell site and structure in the Township
may be conditioned upon, among other requirements, a requirement that
the applicant make sufficient space available on its structure to
allow other telecommunications providers to locate their antennas
at or on the applicant's cell site and structure.
[Added 4-10-2000 by Ord. No. 2000-2B]
(13)
Notwithstanding any provision in this section to the contrary,
the Township shall evaluate each applicant's plans, proposal and other
supporting documentation and information in accordance with the requirements
of the Telecommunications Act, as the same may be amended, from time
to time, and any successor laws imposing requirements or restrictions
on local governments in evaluating applications for approval of wireless
communications facilities.
[Added 4-10-2000 by Ord. No. 2000-2B]
E.
ANTENNA
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
CELL SITE
Definitions. For the purposes of this section, the following definitions
shall apply:
The device used in transmitting or receiving of radio frequency
energy as well as the necessary accessory ground-mounted equipment.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A tract or parcel of land that contains a cellular/digital
communication antenna, antenna support structure, accessory building(s),
and parking, and may include other uses associated with and ancillary
to cellular/digital communication transmission.
[Amended 9-16-2009 by Ord. No. 09-9-1]
Cluster subdivisions shall be permitted in only those areas
so designated on the Township's Zoning Map, as amended. This overlay
zone will allow flexibility in developing land that will conserve
open space, yet still allow the same yield as could be achieved in
the underlying district(s). The following standards and criteria shall
govern cluster subdivisions in this chapter:
A.
Standards of approval.
(1)
Tract size shall be a minimum of 25 contiguous acres.
(2)
The tract shall be serviced by a municipal or community sewer system
deemed acceptable by the Township Board of Supervisors and approved
by the Pennsylvania Department of Environmental Protection (PADEP).
(3)
In order to protect the groundwater and aquifer recharge in the Township,
cluster subdivision will not be permitted on land that is underlain
with more than 10% Diabase geologic formation (as mapped in the State
Topographic and Geologic Survey, or as shown by the applicant through
independent testing). Provided, however, that a greater percentage
of the site may be underlain by Diabase, up to but not exceeding 50%
of the site, based upon the results of a water availability study
conducted by the applicant, at his expense. The study shall provide
for the preparation of aquifer testing to assure that sufficient water
supply is available for the proposed use. The study shall be conducted
to determine sources of water, and any impacts on existing wells and
groundwater. Testing and monitoring shall be provided for those existing
wells located in the Well Protection Zone that are designated community
or individual wells necessary to serve the proposed development. All
testing and monitoring shall be consistent with all applicable guidelines
established by the Delaware River Basin Commission (DRBC) and the
PADEP. The applicant shall provide an escrow in an amount established
by the Township for the Township to engage the appropriate consultant(s)
to review and comment on said study.
(a)
A thirty-day notification shall be given to the Township and
the DRBC prior to the installation of new wells. Such notice shall
be in writing and shall specify the location of any proposed well.
A Pennsylvania licensed well driller shall drill all wells and a Water
Well Inventory Report shall be completed and filed with the PADEP
and the Township.
(b)
An agreement between the Township and the applicant regarding
the protection of groundwater shall be entered into as a condition
of approval of the development. Said agreement shall establish financial
surety to mitigate impacts. The agreement shall be recorded with the
Recorder of Deeds.
B.
Use regulations.
(1)
To determine the maximum number of lots permitted on a tract, the applicant shall submit a yield plan for the tract. The yield plan shall meet the district regulations and dimensional standards for the underlying residential district(s) in which the tract is located. The number of lots obtained on the yield plan will be the maximum number of lots permitted in the cluster subdivision as reviewed and approved by the Township. The yield plan shall be drawn to the standards of a sketch plan (§ 215-16 of Chapter 215, Subdivision and Land Development). Compliance with the standards of these cluster subdivision provisions does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling styles, building and/or lot sizes, natural constraints of the development site, or other factors.
(a)
When a tract of land has two (or more) underlying zoning designations according to the Zoning Map of the Township (§ 275-91), the yield plan must be designed to the requirements of the underlying zoning for each zone. The yield shall be the cumulative total yield as determined for each of the underlying districts.
[1]
If any portion of the tract is underlain by the Village Residential
District, the applicant may assume application of the Village Residential
option to compute yield.
C.
Dimensional standards.
(1)
(3)
Minimum yard requirements:
(a)
Front yards:
[1]
Option 1: 40 feet.
[2]
Option 2: 40 feet.
[3]
Option 3: 30 feet.
[4]
Option 4: 25 feet.
[5]
Front yard setbacks must be varied within a development.
[a]
Front yard setback shall be staggered so that a
maximum of 25% of the lots in a cluster residential development shall
have a front yard setback meeting the requirement above.
[b]
No more than three lots with the same minimum front
yard setback shall be located adjacent to each other, on the same
side of the street.
[c]
The minimum differential of front yard setbacks
in Option 1 and 2 on adjacent lots shall be 10 feet. The minimum differential
of front yard setbacks in Option 3 and 4 on adjacent lots shall be
five feet.
(b)
Side yards:
[1]
Option 1 and 2: 15 feet minimum, 45 feet aggregate.
[2]
Option 3 and 4: 10 feet minimum, 25 feet aggregate.
[3]
Accessory buildings (all options): 10 feet.
[4]
In no case shall two minimum side yards be placed adjacent to
each other, unless proven to the satisfaction of the Board of Supervisors,
that the site can be developed in no other practical way. Two adjacent
minimum side yards will only be allowed if at least one the following
conditions exist:
(d)
Minimum rear yard setback for accessory buildings (all options):
10 feet.
(e)
When the rear yard abuts an existing residential development,
not including those lots that abut a residential unit within the same
development or phase of the same development, the rear yard must be
increased by 10 feet.
(f)
Maximum building coverage on each lot: 15%.
(g)
Maximum impervious coverage on each lot: 25%.
(h)
Open space requirements:
[1]
All open space set aside in the cluster subdivision shall be meet the requirements of § 275-52, Open space regulations.
[2]
At a minimum, one-third of the open space set aside on the tract
shall also meet the definitions of design options for village open
space, as detailed in the VR Village Residential District. In addition,
all "village" open space must meet the requirements of "central open
space design requirements," within said section. These requirements
shall govern unless the applicant can demonstrate to the satisfaction
of the Board of Supervisors that alternative open space preservation
is appropriate. The applicant shall be required to show that the open
space proposed will preserve or protect an on- or off-site historic
and/or archeologically significant site(s) and/or will preserve identified
valuable natural features.
[a]
Land proposed by the appellant for preservation
must be either identified by the Upper Perkiomen Valley Regional Comprehensive
Plan (2001, or as subsequently amended), Marlborough Township's Open
Space and Environmental Resource Protection Plan (1995, or as subsequently
amended) or determined to be worthy of preservation by the Board of
Supervisors.
D.
All proposed lots shall front on an interior roadway. In no instance
shall any newly created cluster subdivision lot be permitted to front
on an existing public roadway.
E.
Design standards:
(2)
Facade treatment (i.e., architectural details) and overall color
palate must be varied throughout a cluster development. In no instance
shall more than one out of five contiguous dwelling units shall have
the same facade treatment and color palate. Dwelling units directly
across from each other on opposite sides of any street may not have
identical facade treatments and overall color palates. In addition,
dwelling units within 100 feet of each other on opposite sides of
the street as measured between the closest sides of the dwellings
as shown in the sketch below, shall not have identical facade treatments
and color palates.
 |
(3)
All attached garages must be varied in their location. For side-entry
garages, no more than six in a row shall be on the same side of the
dwelling. It is strongly encouraged that when it is feasible, garages
should face each other on adjacent lots. If there are front-entry
garages, there shall be no more than three dwelling units adjacent
to each other with front-entry garages. These requirements for garage
placement shall be met unless the applicant proves to the satisfaction
of the Board of Supervisors that the site can be developed in no other
practical way and at least one of the following conditions exist:
F.
Unless accepted for dedication by the Township, the open space provided shall be owned and maintained in accordance with § 275-53, Private ownership and maintenance of common elements. If it is determined that the recreation facilities required in the open space are inappropriate because of the projected demographic profile of the subdivision or other substantiated reason, an alternative may be approved by the Board of Supervisors.
G.
All cluster subdivision proposals abutting existing public roads
shall provide a twenty-five-foot buffer yard along the existing road
for planting purposes only, in addition to the required rear yard.
The buffer shall be established as a permanent easement, and shall
not contain buildings, parking utilities, or other accessory uses.
A minimum planting quantity of one canopy tree and two flowering or
evergreen trees for each 100 feet of property line shall be planted.
Large flowering shrubs may be substituted for flowering trees or evergreen
trees at a rate of two for one. Plantings are encouraged to be informally
grouped within the entire length and width of the buffer yard. Any
existing plant material within the proposed buffer yard suitable for
buffering purposes as determined by the Township shall remain and
may substitute for required new plantings, at the discretion of the
Board of Supervisors. Provisions for maintenance of the buffer area
shall be established and be acceptable to the Township.
I.
All proposed lots shall front on an interior roadway. In no instance
shall any newly created cluster subdivision lot be permitted to front
on an existing public roadway.
[Added 9-13-2006 by Ord. No. 06-09-01]
All places of worship shall meet the following criteria, subject
to additional conditions imposed by the Board of Supervisors:
A.
Classification of uses. All places of worship shall comply with the
following dimensional standards according to their class of use:
(1)
Class One uses. Places of worship with less than 150 seats with none
of the following: community center, school, day-care center, cemeteries
or recreational fields.
B.
Dimensional standards (Class One use).
(1)
Minimum developable lot area: two acres.
(2)
Minimum lot width: 150 feet.
(4)
Maximum building height: 35 feet. Spires and steeples for places
of worship shall be exempt from the height limitations, provided the
height of such feature shall not exceed the building height by more
than 25%.
(5)
Maximum building coverage: 10%.
(6)
Maximum impervious coverage: 35%.
(7)
Minimum vegetation, trees or landscaping: 30%.
(8)
Minimum distance between buildings: 25 feet.
C.
Dimensional standards (Class Two use).
(1)
Minimum tract size: 10 acres.
(2)
Minimum width at building setback line: 400 feet.
(3)
Minimum street frontage: 200 feet.
(5)
Maximum building height: 45 feet. Church spires and steeples shall
be exempt from the height limitations, provided the height of such
feature shall not exceed the building height by more than 25%.
(6)
Maximum horizontal building dimension: 400 feet.
(7)
Maximum building coverage: 5%.
(8)
Maximum impervious coverage: 20%.
(9)
Minimum vegetation, trees or landscaping: 50%.
(10)
Minimum distance between buildings: 40 feet.
D.
Development standards (for Class One and Class Two Uses unless otherwise
noted):
(1)
Traffic and access. The applicant shall demonstrate to the Township
Engineer and the Board of Supervisors that satisfactory provisions
are made to prevent traffic congestion and hazards to the surrounding
area. Provisions shall be made for safe and efficient ingress and
egress to and from the development. The Board of Supervisors may require
a Traffic Impact Study for any use in this district when they determine,
after consulting with the Township Engineer, that such a study is
necessary to demonstrate the adequacy of the access points and streets
for accommodating the traffic generated by the proposed use. Existing
residential areas shall not be infringed upon by significant volumes
of traffic from the proposed use.
(2)
Water. If expected demand for water is in excess of 500 gallons per
day, the applicant shall demonstrate to the Board of Supervisors that
a well on the site will not adversely affect existing water supply
systems in the area.
(3)
Neighborhood impact. The impact of the proposed use on the surrounding
properties and neighborhood shall be considered. The use shall not
adversely affect the general welfare or orderly development of the
general neighborhood in which it is proposed. The scale, form, and
appearance of structures and open space should be compatible with
the general character of the residential area. The applicant is encouraged
to present evidence on the need for the proposed use including data
on the location of other similar uses in the Township and surrounding
areas.
(4)
Landscaped buffers and screens. In order to enhance the aesthetic
character of the community, suitable vegetation shall be planted along
streets, between lots, and between zoning districts, as follows:
(a)
Buffer and screen planting. Screening buffers shall be provided when places of worship abut property used or zoned for residential or other institutional uses. The screen buffer area shall contain hedge, evergreens, shrubbery or suitable vegetation of sufficient planted density to provide a total visual screening consistent with the topography, the existing vegetation, and the use of adjacent land. Whenever possible, the owner shall make every effort to retain existing natural screening, such as vegetation and topography. Screening buffers must be developed in accordance with § 215-42C of Chapter 215, Subdivision and Land Development.
(5)
Accessory residential uses. Residential uses may be permitted only
as accessory uses, incidental to the institutional functions of a
place of worship.
(6)
Accessory outdoor recreation uses (Class Two uses only). No outdoor
play areas shall be located closer than 50 feet to any property or
street line, and outdoor play areas shall be located behind main buildings
and shall be sufficiently screened to protect the neighborhood from
excessive noise and other disturbances. Outdoor play areas include
playgrounds and ball fields for group activity.
(7)
Lighting. Exterior lighting of buildings or grounds shall not be
located more than 12 feet above grade, shall be screened so as not
to permit the source of illumination to be seen from off the premises,
shall not cast measurable illumination off of the subject property
and shall not create a nuisance or intrusion to the privacy of adjacent
property owners or to the public.
(8)
Hours of operation. For nonreligious activities, hours of operation
shall be limited as authorized by the Board of Supervisors.
E.
Conditional use criteria. In addition to any requirements listed in § 275-60, Conditional use application, the conditional uses may be authorized by the Board of Supervisors in accordance with the criteria below:
(1)
A community impact analysis shall be submitted to the Township containing
the following information for review by the Township Planning Commission
and the Board of Supervisors:
(a)
The compatibility of the proposed development with land uses
that are adjacent to the site, and consistency with the Upper Perkiomen
Valley Regional Comprehensive Plan.
(b)
The impact of the proposed development on sensitive natural
areas including floodplains, steep slopes, woodlands, waterways, recreational
areas, and conservation areas.
(c)
The impact of the development on: public utilities, including
sewage disposal, water supply, solid waste disposal, storm drainage,
and electrical utilities; and the provision of police and fire protection.
(e)
Documentation of on-site or off-site improvements proposed to
alleviate any projected negative impacts of the development.
(2)
The use shall not generate noise, noxious odors, air pollution or
glare, or result in pedestrian-vehicular conflict or other safety
hazards to people or property. Outdoor recreation facilities shall
only be permitted where the noise generated by the use will have a
minimal impact on nearby residential uses.
(3)
Outdoor storage, waste disposal, and loading areas shall be screened
from streets and adjacent uses to preserve the character of the surrounding
area. Such activities shall be located to the rear of structures.
The location and design of parking areas shall be in harmony with
preserving the general appearance and character of the area.
[Added 10-10-2007 by Ord. No. 07-10-04]
A special type of accessory use or activity, distinct from a
home occupation use, that is administered or conducted as a use which
is clearly secondary and subordinate to the principal or primary use
of a residential dwelling and involves no customer, client or patient
generation, whether vehicular or pedestrian, in excess of those normally
associated with residential uses. The business activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The use shall employ no employees other than family members residing
in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lighting.
E.
The use may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical or electronic interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
F.
The use may not generate any solid waste or sewage discharge in volume
or type which is not normally associated with residential use in the
neighborhood.
G.
The use shall be conducted within the dwelling and may not occupy
more than 25% of the habitable floor area.
[Added 11-14-2007 by Ord. No. 07-11-2]
Drive-throughs shall be accessory uses to the principal use and shall be permitted by conditional use pursuant to the standards of § 275-60, herein, only in the GC General Commercial District and, pursuant to the standards of § 275-106B in the VC Village Commercial District.
A.
General standards.
(1)
The drive-through facility shall be designed so as not to impede
or impair vehicular and pedestrian traffic movement.
(2)
Drive-throughs located on pad sites in existing shopping centers
shall have circulation patterns that are integrated with that of the
center.
(3)
Hours of operation shall be set as a condition of the conditional
use permit.
B.
Locational standards.
(1)
Drive-through uses are not permitted on sites abutting schools, parks,
playgrounds, libraries, churches and other public and semipublic uses
that have substantial pedestrian traffic without providing proper
safety measures and visual buffering.
C.
Frontage requirements. Minimum lot frontage on at least one street
shall be 150 feet for all drive-through uses.
E.
Street access.
(1)
Drive-through uses may abut only arterial streets and access shall
not be taken from residential streets.
(2)
Access must be taken to adjacent lots with nonresidential uses if
either lot adjoins the adjacent lot for at least 50% of the length
of the side of either lot.
(3)
All driveway entrances and exits must be set back at least 50 feet
from an intersection.
F.
Drive-through lanes.
(1)
The stacking lanes for drive-through facilities shall not cross or
pass through off-street parking areas. Nor shall stacking lanes cross
or be crossed by pedestrian accessways.
(2)
The drive-through lane shall not be the sole ingress and egress to
the site.
(3)
The minimum horizontal radius for curvature of a drive-through lane
shall be 18 feet.
(4)
The length of the drive-through lanes shall be measured along the
center line of the prescribed vehicular path.
(5)
Drive-through lanes shall be marked by signs which indicate the entrance
and exit for the drive-through lane.
G.
Lane width.
(1)
A bypass or escape lane of at least 10 feet must be provided for
emergency purposes and for ease of circulation.
(2)
Drive-through lanes are to be separated from parking aisles by painted
lines. The lanes and stacking areas shall be a minimum of 12 feet
wide.
(3)
Lane separation. An on-site circulation pattern is to be provided
for drive-through traffic that separates such traffic from that of
sit-down or walk-in patrons.
H.
Stacking distance. A stacking area is to be provided for cars waiting
for drive-through service, which will be no less than 160 feet long.
During the conditional use review process, the Board of Supervisors,
upon review and recommendation by the Township Engineer, may reduce
the required stacking distance if 160 feet of continuous driveway
is demonstrated to be unnecessary for the proposed use.
I.
Setbacks.
(1)
Overhead canopies shall be set back 10 feet from any street right-of-way
and property line and 20 feet from any residential property line.
The total height for any overhead canopy shall not exceed 20 feet.
(2)
Service areas and stacking lanes must be set back at least 10 feet
from all lot lines.
(3)
Outdoor speaker or menu boards must be set back at least 50 feet
from all lot lines.
J.
Application requirements. A traffic impact study shall be submitted
to provide information which will be used to determine the necessary
stacking area and the impacts of the proposal upon local traffic circulation.
The traffic impact study shall address the following issues:
(1)
Nature of the product or service being offered.
(2)
Method by which product or service is being offered (e.g., window
service or brought to vehicle by employee).
(3)
Time required to service typical customer.
(4)
Arrival rate for patrons.
(5)
Peak demand hour.
(6)
Anticipated vehicular stacking required.
(7)
Anticipated traffic generation.
[Added 5-9-2018 by Ord.
No. 2018-1]
A.
A medical marijuana dispensary shall provide proof of registration
with the Department of Health or proof that registration has been
sought and is pending approval; and shall at all times maintain a
valid, accurate, and up-to-date registration with the Department of
Health. Should registration be denied or revoked at any time, any
approval or permit immediately shall become void.
B.
A medical marijuana dispensary shall at all times operate in compliance
with all Department of Health regulations pertaining to such facilities.
C.
A medical marijuana dispensary shall comply with the dimensional standards as set forth in § 275-120.
D.
A medical marijuana dispensary shall not be operated or maintained
on a parcel within 1,000 feet (measured by a straight line in all
directions without regard to intervening structures or objects) from
the nearest point on the property line of a public, private, or parochial
school or day-care center.
E.
A medical marijuana dispensary must operate entirely within an indoor,
enclosed, and secure facility that includes electronic locking systems,
electronic surveillance, and other features required by the Department
of Health. The facility shall not be located in a trailer, cargo container,
mobile or modular unit, mobile home, recreational vehicle or other
motor vehicle.
F.
A medical marijuana dispensary may not operate on the same site as
a medical marijuana grower/processor.
G.
There shall be no emission of dust, fumes, vapors or odors that can
be seen, smelled, or otherwise perceived from beyond the lot line
of the property on which the medical marijuana dispensary is operating.
I.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
J.
No use of medical marijuana shall be permitted on the premises of
a medical marijuana dispensary.
K.
A medical marijuana dispensary shall satisfy the parking requirements set forth in § 275-81 for a retail store.
L.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Department of Health's regulations and shall
not be placed within any unsecure exterior refuse containers. A disposal
plan shall be submitted to the Township.
M.
A security plan shall be submitted to the Township. The security
plan shall describe staff identification procedures, protocols for
monitoring staff and visitors, alarm systems, video surveillance systems,
inventory monitoring and tracking systems, personal security measures,
recordkeeping procedures, and record retention procedures to be utilized
in the facility as required by Section 1102 of the Medical Marijuana
Act and as supplemented by regulations promulgated by the Department
of Health pursuant to the Medical Marijuana Act.[2]
[2]
Editor's Note: See 35 P.S. §§ 10231.101 through
10231.2110.
[Added 5-9-2018 by Ord.
No. 2018-1]
A.
A medical marijuana grower/processor shall provide proof of registration
with the Department of Health or proof that registration has been
sought and is pending approval; and shall at all times maintain a
valid, accurate, and up-to-date registration with the Department of
Health. Should registration be denied or revoked at any time, any
approval or permit issued by the Township shall immediately become
void.
B.
A medical marijuana grower/processor shall at all times operate in
compliance with all Department of Health regulations pertaining to
such facilities.
D.
A medical marijuana grower/processor must operate entirely within
an indoor, enclosed, and secure facility that includes electronic
locking systems, electronic surveillance and other features required
by the Department of Health. The facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
E.
A medical marijuana grower/processor may not operate on the same
site as a medical marijuana dispensary.
F.
There shall be no emission of dust, fumes, vapors or odors that can
be seen, smelled, or otherwise perceived from beyond the lot line
of the property where the medical marijuana grower/processor is operating.
G.
A medical marijuana grower/processor shall provide only wholesale
products to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products are prohibited at medical
marijuana grower/processor facilities.
H.
No use of medical marijuana shall be permitted on the premises of
a medical marijuana grower/processor.
I.
A medical marijuana grower/processor shall satisfy the parking requirements set forth in § 275-81 for industry, research and development.
J.
Entrances and driveways to a medical marijuana grower/processor must
be designed to accommodate the anticipated vehicles used to service
the facility.
K.
Loading and off-loading areas inside of the facility are preferred.
If an external loading dock arrangement is designed, it must be within
a secure area.
L.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Department of Health's regulations and shall
not be placed within any unsecure exterior refuse containers. A disposal
plan shall be submitted to and approved by the Township.
M.
A security plan shall be submitted to the Township. The security
plan shall describe staff identification procedures, protocols for
monitoring staff and visitors, alarm systems, video surveillance systems,
inventory monitoring and tracking systems, personal security measures,
record-keeping procedures, and record retention procedures to be utilized
in the facility as required by § 1102 of the Medical Marijuana
Act and as supplemented by regulations promulgated by the Department
of Health pursuant to the Medical Marijuana Act.[1]
[1]
Editor's Note: See 35 P.S. §§ 10231.101 through
10231.2110.
