[Ord. No. 1540, 6-26-2023]
The purpose of these supplemental regulations is to set specific
conditions for various uses, classification of uses, or areas where
problems are frequently encountered, and to aid applicants in the
permitting process. Use requirements contained elsewhere in this part
apply to all uses and structures, whether specifically listed in this
article. Likewise, the provisions of this article shall not be interpreted
as a waiver of the application of Town PCC requirements or any other
requirements of the Town or the Commonwealth of Pennsylvania.
[Ord. No. 1540, 6-26-2023]
(a)
An accessory building must be located and
constructed according to the accessory building form requirements
specified for each zoning district under Article 1302 of this part.
(b)
Unless otherwise identified in this article,
an accessory structure must be located and constructed according to
the accessory building form requirements specified for each zoning
district under Article 1302 of this part.
(c)
A single lot may have more than one accessory
building or structure, provided that they meet the standards specified
in this part.
(d)
Fire separation. An accessory building or
structure must be at least three feet from the principal building.
[Ord. No. 1540, 6-26-2023]
(a)
Nothing may be built, placed, or graded within
or above an easement.
(b)
Nothing may be built, placed, or graded on
a lot or portion of a lot known to be landslide prone or which has
a slope over 25% unless a registered engineer has determined the safety
and suitability of the proposal and evidence to that effect is included
in the application.
[Ord. No. 1540, 6-26-2023]
(a)
The following regulations are intended to
assist applicants and business owners in establishing attractive and
safe encroachments that benefit both the business community and the
citizens that enjoy those public spaces:
(1)
General requirements.
A.
The Town's goal is to maintain the highest
standards of accessibility and safety while achieving an attractive
and functional design within its mixed-use and commercial areas.
B.
In general, encroachments shall complement
public use and improvements. In no case shall encroachments exclude
the public from any public sidewalk or street.
C.
Allowed encroachments shall comply with all
requirements of this part.
D.
A revocable license agreement or right-of-way
encroachment agreement shall be executed with the Town, in a form
acceptable to the Town Attorney, before any proposed encroachment
is permitted. The owner of any property seeking to create an encroachment
under this subsection shall be party to the agreement. In cases where
a tenant is seeking an encroachment, both the tenant and property
owner shall participate in the agreement.
E.
This subsection applies to any and all uses
of land, structures, or buildings, including existing uses, structures,
or buildings.
(2)
Location and dimensional requirements.
A.
Encroachments must maintain a clear path of
no less than five feet. The Zoning Officer may permit paths of travel
of less than five feet in instances where safe access can be determined.
B.
Encroachments shall not block safe access
to businesses, parking spaces, bike stalls, or other spaces required
by local, state, or federal building or safety codes.
C.
Encroachments are not permitted within 15
feet of corners of sidewalks or where crosswalks are present measured
from the center of the corner or crosswalk. In the case of a corner
with a crosswalk, the 15 feet is measured from the center of the crosswalk.
D.
Tables shall not exceed 42 inches in width
at the greatest dimension.
E.
Chairs must not extend into the required accessible
minimum walkway width of five feet at any time. Chairs must be at
a scale appropriate to the size of the table or space available for
seating.
F.
Portable outdoor heating devices and permanently
mounted heating devices shall be reviewed by the Fire Marshal for
safety and require either a certificate of use or zoning permit as
applicable.
G.
Encroachments shall not intrude onto other
private properties.
(3)
Maintenance and operational requirements.
A.
Maintenance of encroachments shall be the
sole responsibility of the owner of the property permitted within
the encroachment.
B.
Any item permitted to be placed in the public
right-of-way shall be maintained in a safe manner so as not to obstruct
pedestrian access to public sidewalks, access ramps or doorways. Movable
items, such as chairs, shall always be positioned to prevent obstruction
of access routes. The permitted item shall always be relocated to
the appropriate location if moved by patrons.
C.
All materials shall be well-maintained without
stains, rust, tears, or discoloration. Materials that show signs of
significant wear, damage, or age shall be replaced.
D.
All encroachments shall be constructed of
durable fade-resistant materials.
(4)
Outdoor displays. Outdoor displays shall be limited
to items or goods sold in the store and must comply with all other
standards specified herein.
(5)
Umbrellas. Umbrellas shall be installed and maintained
to provide pedestrian clearance by maintaining seven feet of clearance
from the sidewalk to the lowest edge of the umbrella. Umbrellas shall
not exceed a maximum height of nine feet from the base to the top
portion of the pole.
(6)
Planters and landscaping.
A.
Planters must not obstruct the required accessible
minimum walkway width of five feet at any time.
B.
Plant material shall always be maintained
in a viable condition.
C.
Debris or litter caused by planters or nearby
landscaping shall be maintained or cleaned by the responsible business
or property owner. Debris, stains, or litter shall be cleaned or removed
by the responsible business or property owner.
(7)
Other encroachment types. Other types of encroachments,
not anticipated by this part, may be considered and permitted by the
Town, but must comply with the purpose and intent of these requirements.
[Ord. No. 1540, 6-26-2023]
(a)
General requirements.
(1)
A zoning permit shall be obtained for the erection
of all fences and walls. Normal maintenance of fences and walls or
the replacement of like materials in fences are exempt from the permit
requirement. Structural improvements or repairs to walls are required
to obtain the appropriate permit(s).
(2)
No fence or wall shall obstruct the flow of stormwater,
except as part of a Town-approved stormwater system.
(3)
Fences and walls shall not be permitted within
any right-of-way, drainage or stormwater management easement, clear
sight triangle, railroad visibility area, or the 100-year floodplain
of any lake, watercourse, or wetland.
(4)
Fences and walls may be installed along and up
to a lot line but must remain within the lot limits.
(b)
Height restrictions.
(1)
A fence or wall in the front lot segment must
not exceed three feet in height and must be a maximum of 20% opacity.
(2)
A fence or wall in the mid or rear lot segment
must not exceed six feet in height and may be 100% opaque.
(3)
On corner lots, a fence or wall must not obstruct
any clear sight triangle, as defined in McCandless's Subdivision
and Land Development Ordinance (Part 11 of the Town Municipal Code).
(4)
Retaining walls that are required to support
changes in site grades must not exceed 10 feet in height.
A.
Terracing of walls is permitted, provided
that the separation between walls is at least twice the height of
the lower wall. Any proposal for a smaller separation must include
a structural engineer report that shows how the proposal will be safely
designed and installed.
B.
Any safety fencing or railings required as
part of the retaining wall must not exceed six feet in height calculated
separately from the height of the retaining wall.
(c)
Maintenance and materials.
(1)
Any fence or wall shall be durably constructed
and well-maintained. Privacy fences shall be constructed so that the
finished side of the fence faces toward abutting properties and rights-of-way
unless the fence is not visible from adjoining property. Fences and
walls that have deteriorated shall be replaced or removed.
(2)
All fences shall be constructed of materials
normally manufactured for, used as, and recognized as, fencing materials
such as: wrought iron or other decorative metals suitable for the
construction of fences, fired masonry, concrete, stone, chain link,
metal tubing, wood planks, and vinyl or fiberglass composite manufactured
specifically as fencing materials. Fence materials shall be materials
approved for exterior use that are weather- and decay-resistant.
(3)
A fence shall not be constructed out of rope;
string; fabric; Junk; appliances; tanks; barrels; wire products, including,
but not limited to, chicken wire, hog wire, wire fabric, and similar
welded or woven wire fabrics; chain; netting; cut or broken glass;
paper; corrugated metal panels; galvanized sheet metal; plywood; fiberglass
panels; or any other materials that are not manufactured specifically
as residential fencing materials.
(4)
No landowner shall construct a fence of damaged
or unsafe materials.
(5)
Razor wire, barbed wire, and electric fences,
except for in-ground pet fencing, are prohibited in all zoning districts.
[Ord. No. 1540, 6-26-2023]
(a)
In residential zoning districts, flagpoles
must not exceed 25 feet in height.
(b)
In all other zoning districts, flagpoles must
not exceed 40 feet in height.
[Ord. No. 1540, 6-26-2023]
All development must meet the requirements of Article 912, Floodplain
Construction and Development Requirements.
[Ord. No. 1540, 6-26-2023]
Off-street loading must be provided for all new buildings, additions
to buildings, expansions of use, and changes in use according to the
requirements specified in the Town Subdivision and Land Development
Ordinance (Part 11 of the Town Municipal Code).
[Ord. No. 1540, 6-26-2023]
(a)
Applicability.
(1)
New development. The parking standards of this
article apply to any new building constructed and to any new use established
according to the regulations of this article.
(2)
Expansions and alterations. The parking standards
of this article apply when an existing structure or use is expanded
or enlarged. Additional off-street parking is required only to serve
the enlarged or expanded area, not the entire building or use.
(3)
Change of use. Off-street parking must be provided
for any change of use that would result in a requirement for more
parking than the existing or most recent use. Additional parking spaces
are required only in proportion to the extent of the change, not for
the entire building or use.
(b)
General requirements.
(1)
Off-street parking spaces, open or enclosed,
are a permitted accessory use subject to the following provisions:
A.
The parking design and engineering requirements
specified in the Town Subdivision and Land Development Ordinance (Part
11 of the Town Municipal Code) shall apply.
B.
No part of any required front, side, or rear
setback shall be used for off-street parking requirements except as
specified in the parking placement regulations specified for each
zoning district under Article 1302 of this part.
C.
A garage or carport may be located wholly
or partly inside the walls of the principal building or attached to
the outer walls.
1.
An underground integral garage is permitted
provided that no portion of the garage extends closer the front lot
line than the front elevation of the principal building. (Figure 1304.A
illustrates a permittable underground integral garage and Figure 1304.B
illustrates a nonpermittable underground intergral garage.)
Figure 1304.A
|
|
Figure 1304.B
|
|
(2)
The required off-street parking facilities shall
be available to patrons throughout the hours of operation of the particular
business or use for which such facilities are provided.
(3)
The terms "parking space" and "off-street parking"
include covered garage space or uncovered parking space located off
the right-of-way.
(4)
Residential off-street parking space shall consist
of a parking lot, driveway, garage, or combination thereof and shall
be located on the lot it is intended to serve.
(c)
Parking table. Table 1304.A identifies the
off-street parking requirements for each of the principal uses specified
in Article 1303 of this part.
(d)
Exceptions to automobile parking requirements.
(1)
Mixed-use developments are permitted to use shared
parking when the uses in the development have different peak parking
demands or different operating hours. The applicant must submit a
shared parking plan that includes all the following information to
be reviewed by the Town's Traffic Engineer:
A.
The size and type of the proposed development.
B.
The composition of the tenants.
C.
The anticipated rate of parking turnover.
D.
The anticipated peak parking and traffic loads.
E.
The number of proposed parking spaces to accommodate
the peak parking needs of all uses.
(2)
All uses in the Town Center (TC) Zoning District
are permitted to take a 10% parking reduction from the minimum parking
requirements in Table 1304.A.
(3)
All nonresidential uses in the Neighborhood Center
(M-N) Zoning District are permitted to take a 10% parking reduction
from the minimum parking requirements in Table 1304.A.
(4)
A reduction of up to 10% of the off-street automobile
parking spaces required in Table 1304.A is permitted for lots within
300 feet of a bicycle trail or officially marked bicycle route provided
the following conditions are met:
A.
Each automobile parking space reduced is provided
as a bicycle parking space instead.
B.
If the calculation of the maximum number of
reduced parking spaces results in a fraction, a bicycle parking space
is provided for the fraction.
C.
No fee is required to use the bicycle parking
and it is accessible to the public.
D.
This provision does not apply to the following
uses:
1.
Dwelling, single-family detached.
2.
Dwelling, single-family semiattached.
4.
Townhouse and multifamily dwellings.
6.
Automobile service or car wash.
7.
Automobile sales and rental service.
9.
Self-storage facility, indoor, climate-controlled.
(5)
A reduction of up to two spaces of the off-street
automobile parking spaces required in Table 1304.A is permitted, provided
that two motorcycle parking spaces are provided for each automobile
space. This provision does not apply to the following uses:
A.
Dwelling, single-family detached.
B.
Dwelling, single-family semiattached.
F.
Self-storage facility, indoor, climate-controlled.
(6)
The automobile parking reduction provisions above
[Subsections (d)(2) through (6)] may be applied cumulatively, provided
that the total reduction from the minimum parking requirement of Table
1304.A is not reduced by more than 20%.
Table 1304.A
Off-Street Parking Requirements
|
---|
Uses
|
Minimum Parking Requirement
(number of spaces)
|
---|
Residential and Lodging Uses
|
Assisted living facility
|
Parking demand analysis
|
Bed-and-breakfast
|
2 plus 1 per sleeping room
|
Community residence
|
1 per 3 beds, plus 1 for every employee not living on the premises
|
Dwelling, single-family detached
|
2 per unit
|
Dwelling, single-family semiattached
|
Dwelling, two-family
|
Dwelling, townhouse
|
Dwelling, multifamily
|
1 per unit
|
Halfway house
|
1 per 3 beds, plus 1 for every employee not living on the premises
|
Hotel/apartment hotel
|
1 per sleeping room, plus 1 for every employee per shift
|
Motel
|
Short-term rental
|
1 per unit
|
Temporary shelter facility
|
1 per employee per shift
|
Civic and Institutional Uses
|
Assembly, neighborhood
|
Parking demand analysis
|
Assembly, general
|
Government facility
|
Higher education
|
Hospital
|
Hospital, small-format
|
Library/museum
|
1 per 400 square feet of gross floor area
|
Medical marijuana academic research center
|
1 per employee per shift
|
Police/fire/EMS
|
Parking demand analysis
|
School, (pre-K through high school)
|
Stadium/arena
|
Agriculture, Forestry, and Open Space Uses
|
Agriculture operation
|
1 per dwelling plus 1 per full-time worker
|
Community garden
|
1 per 2,000 square feet of land area
|
Forestry operation
|
Parking demand analysis
|
Intensive park uses
|
Medical marijuana grower/processor
|
1 per employee per shift
|
Nature preserve
|
1 per 2,000 square feet of land area
|
Outdoor shooting range
|
Park
|
Parking demand analysis
|
Retail Uses
|
Beer/wine/liquor sales
|
1 per 250 square feet of gross floor area
|
Commercial equipment and supply
|
Electronic cigarette/vaporizer store
|
Firearm establishment
|
Medical marijuana dispensary
|
1 per 250 square feet of gross floor area
|
Outdoor sales lot
|
1 per 200 square feet of display and storage
|
Retail, neighborhood
|
1 per 250 square feet of gross floor area
|
Retail, general
|
Service Uses
|
Adult day-care center
|
1 per employee per shift, plus 1 per 2 of the maximum number
of adults served
|
Animal day care and training
|
1 per employee per shift, plus 1 per 500 square feet of gross
floor area
|
Automobile fueling
|
1 per employee per shift, plus 1 per 300 square feet of customer-facing
floor area
|
Automobile sales and rental service
|
1 per employee per shift, plus 1 per 300 square feet of customer-facing
floor area
|
Automobile service/car wash
|
1 per employee per shift, plus 1 per vehicle provided drop-off
service
|
Brew pub
|
Parking demand analysis
|
Cattery
|
1 per employee per shift, plus 1 per 500 square feet of gross
floor area
|
Child day care
|
1 per employee per shift, plus 1 per 2 of the maximum number
of children served
|
Drinking places
|
Parking demand analysis
|
Drive-through business
|
1 per employee per shift
|
Eating places
|
Parking demand analysis
|
Entertainment assembly
|
1 per each 3 seats
|
Kennel
|
1 per employee per shift, plus 1 per 500 square feet of gross
floor area
|
Medical clinic
|
1 per 250 square feet of gross floor area
|
Microbrewery, microdistillery, microwinery
|
Parking demand analysis
|
Office uses
|
1 space per 300 square feet of office area
|
Pawn shop/check cashing establishment
|
1 per 250 square feet of gross floor area
|
Private club
|
Self-storage facility
|
Parking demand analysis
|
Self-storage facility, indoor climate-controlled
|
Service, general
|
1 per 1,500 square feet of gross floor area
|
Service, neighborhood
|
1 per 250 square feet of gross floor area
|
Smoking places
|
Tattoo/piercing parlor
|
Adult Uses
|
Adult establishments
|
Parking demand analysis
|
Infrastructure Uses
|
Communications antenna, inside the public rights-of-way
|
N/A
|
Communications antenna, outside the public rights-of-way
|
Communications tower
|
1 per service vehicle
|
Parking as a principal use
|
N/A
|
Principal solar energy system
|
Parking demand analysis
|
Public utilities, large
|
Public utilities, small
|
Transportation facility
|
Industrial Uses
|
Brewery, distillery, winery
|
1 per employee per shift, plus 1 per 300 square feet of customer-facing
floor area
|
Industrial, craftsman
|
Industry, heavy
|
Industry, light
|
Junkyards
|
Oil and gas development
|
Outdoor storage yard
|
Solid waste disposal facility
|
Warehouse/distribution
|
Yard waste composting facility
|
[Ord. No. 1540, 6-26-2023]
(a)
General requirements.
(1)
Bicycle parking spaces, open or enclosed, are
a permitted accessory use subject to the following provisions:
A.
All required bicycle parking spaces under
this part must be located on the same lot as the principal use or
in the right-of-way abutting the principal use.
B.
Bicycle parking spaces as required by this
article shall be provided for all new buildings, additions to buildings,
expansions of use, and changes in use.
C.
The bicycle parking requirements may be waived
as a special exception provided the applicant demonstrates that there
is no bicycle trail or officially marked bicycle route to the lot
currently and the Town does not plan to install one within the next
five years.
(b)
Bicycle parking table.
(1)
Table 1304.B identifies the bicycle parking requirements
for the principal uses specified in Article 1303 of this part.
(2)
Any principal use found in Article 1303 that is not listed in Table 1304.B is exempt from the bicycle parking requirements. Exempt uses may still apply the bicycle parking reduction found in §
1304.180(d)(4) unless specifically prohibited under that subsection.
(3)
All uses are encouraged to provide more bicycle
parking spaces than the minimum required in Table 1304.B, including
exempt uses, to meet the demand of their users.
Table 1304.B
Bicycle Parking Requirements
|
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Uses
|
Minimum Bicycle Parking Requirement
(number of spaces)
|
---|
Residential and Lodging Uses
|
Community residence
|
1 per 10 beds or fraction thereof
|
Dwelling, multifamily
|
1 per 10 dwelling units or fraction thereof
|
Hotel/apartment hotel
|
1 per 20 employees
|
Motel
|
Civic and Institutional Uses
|
Assembly, neighborhood
|
1 per 10,000 square feet of gross floor area or fraction thereof
|
Assembly, general
|
Government facility
|
Higher education
|
Hospital
|
Hospital, small-format
|
Library/museum
|
Medical marijuana academic research center
|
Police/fire/EMS
|
School (pre-K through high school)
|
Stadium/arena
|
Retail Uses
|
Beer/wine/liquor sales
|
1 per 10,000 square feet of gross floor area or fraction thereof
|
Commercial equipment and supply
|
Electronic cigarette/vaporizer store
|
Medical marijuana dispensary
|
Outdoor sales lot
|
Retail, neighborhood
|
Retail, general
|
Service Uses
|
Adult day-care center
|
1 per 10,000 square feet of gross floor area or fraction thereof
|
Animal day care and training
|
Automobile fueling
|
Automobile sales and rental service
|
Automobile service/car wash
|
Brew pub
|
Cattery
|
Child day care
|
Drinking places
|
Eating places
|
Entertainment assembly
|
Kennel
|
Medical clinic
|
Microbrewery, microdistillery, microwinery
|
Office uses
|
Pawn shop/check cashing establishment
|
Private club
|
Service, general
|
Service, neighborhood
|
Smoking places
|
Tattoo/piercing parlor
|
Infrastructure Uses
|
Parking as a principal use
|
1 per 20 automobile parking spaces or fraction thereof
|
Industrial Uses
|
Brewery, distillery, winery
|
1 per 20,000 square feet of gross floor area or fraction thereof
|
Industrial, craftsman
|
Industry, heavy
|
Industry, light
|
Warehouse/distribution
|
[Ord. No. 1540, 6-26-2023]
(a)
Roof additions. Where there is an existing
front or rear patio or deck that extends into a setback area, the
same may be covered by an awning or roof that may extend into the
setback area to no greater extent than one foot beyond the existing
patio or deck.
(b)
Replacement. Where an existing porch, portico,
patio, or deck that protrudes into a setback area must be replaced
or reconstructed for maintenance reasons or due to deterioration,
the porch, portico, patio, or deck may be constructed at the same
dimensions as the previous condition.
(c)
Porches and portico design.
(1)
Minimum depth. New front porches and porticos
including the replacement of existing said structures must be a minimum
of six feet in depth unless this creates a conflict with PCC requirements
or if there is less than six feet between the front of the building
and the front lot line. The minimum depth requirement ensures the
porch structure allows for the placement of seating furniture plus
sufficient room for passage.
(2)
Enclosures. Porches on the side or rear of the
building may be semi-enclosed using weather-resistant mesh insect
screening material. Full enclosures are considered a building addition
and must meet the building form requirements specified for each zoning
district under Article 1302 of this part.
[Ord. No. 1540, 6-26-2023]
For all nonresidential uses, mixed uses, and multifamily dwelling
uses, all rooftop-mounted equipment and other similar appurtenances
such as stairwells, air-conditioning units, large vents, heat pumps,
and mechanical equipment shall, to the maximum extent feasible, be
inconspicuously sited on the roof, screened via use of parapets, walls,
fences, landscaping, or other approved screening, or integrated to
be within the roof form, such that views from adjacent street rights-of-way
(excluding alleys) are minimized. All architectural features to be
used to screen rooftop equipment shall be designed to be architecturally
compatible with the principal building (including design, materials,
and colors).
[Ord. No. 1540, 6-26-2023]
All development must comply with the requirements of Article
913, Stormwater Management.
[Ord. No. 1540, 6-26-2023]
(a)
Unless the wall of the pool is at least four
feet above the ground at all points, it shall be enclosed with a fence
at least four feet and no greater than six feet in height or have
a fence on top of the pool deck at least three feet and no greater
than six feet in height. The fence shall be locked, and any access
steps or ladders shall be removed or rendered inoperative when the
pool is unattended.
(b)
A swimming pool shall not involve any commercial
use if it is an accessory use to a principal residential use.
(c)
The design and construction of all swimming
pools shall be in accordance with the PCC.
(d)
A swimming pool must comply with the accessory
building setbacks.
[Ord. No. 1540, 6-26-2023]
(a)
Purpose. The purpose of the Transportation
Overlay District (TD-1) is to coordinate land use controls and transportation
use controls to assure that improvements constructed in special assessment
districts are not overburdened by development occurring within the
special assessment district and to provide security for any public
financing used for such improvements. The Transportation Overlay District
does not permit or imply permission for any use not permitted in the
underlying district(s) or any greater intensity of use not permitted
in the underlying district(s).
(b)
Land use permits.
(1)
Within the TD-1 District:
A.
No permit required by this Part 13, Planning
and Zoning Code, by way of example and not limitation, for use, development
or occupancy;
C.
No subdivision or land development approval
shall be issued without strict conformance to the provisions of the
TD-1 District Regulations.
(2)
Should any provisions of the TD-1 District conflict
with a provision of the underlying district, that provision which
restricts or limits development or use the most shall apply unless
expressly indicated to the contrary herein.
(c)
Traffic report requirements.
(1)
Any application for a permit, PRD approval, land
development approval or subdivision approval, shall be accompanied
by a certified copy of a traffic report (report) prepared by a licensed,
qualified traffic engineer which addresses the traffic impact of the
development or change in use and which report contains no less than
the following:
A.
A trip generation analysis showing the average
weekday vehicle trip ends (AWVTE) which shall be generated by the
development, expansion or change in use.
B.
Trip generation during the Saturday, evening
weekday, and morning weekday peak hours.
C.
The traffic impact of the development, expansion
or change in use upon the streets within the TD-1 District in which
the lot or property is located, including, without limitation, an
analysis of the effect on road capacity and safety within the TD-1
District.
D.
An analysis showing that the development or
change in use is consistent with the facilities proposed in the Transportation
Development District multiyear program or the Business Infrastructure
Improvement District plan, or both, as appropriate (hereinafter jointly
and severally "TPAD Program") whether built or planned, and the location
of all rights of way required by the TPAD Program on the lot or property
which are to be dedicated as part of the approval process.
E.
The assessment formula in the Transportation
Partnership Act District or Business Infrastructure Improvement District
(hereinafter jointly or severally "TPAD") and the traffic capacity
assigned to the lot or property.
F.
An analysis of the remedial traffic work,
if any, required in addition to that established under the TPAD Program
to eliminate the adverse impact of the development, expansion or change
in use.
G.
An analysis showing that either:
1.
Sufficient traffic capacity is assigned to
the lot by the Town assessment formula to meet the demand created
by the development, expansion or change in use; or
2.
Sufficient traffic capacity is available either
from treasury trips available from the Town or trips from other lots
or property within the TPAD which, after transfer by the owner of
that other lot or property, the Town determines shall not be required
by any present or future development or change in use on the transferring
lot or property and which as surplus can be transferred pursuant to
the terms of the Town Manager's regulations.
H.
All lot or property traffic impacts and the
mitigation measures to abate such impacts.
I.
A recommended program of Transportation System
Management (TSM) or Transportation Demand Management (TDM) which shall
mitigate off-site impacts.
J.
Any other reasonable components required by
the Town Manager's regulations.
K.
Any other components required by any bond
indenture or other financial instrument used by the Town for financing
TPAD improvements.
(2)
The report shall use current ITE trip generation
methodology in analyzing traffic impact. The form, methodology and
conclusions shall be approved in writing by the Town.
(d)
Town Traffic Engineer report review. Upon
receipt of a completed report, the Zoning Officer shall refer the
report to the Town Manager for a determination of whether the report
requires review by the Town Traffic Engineer. Should the report require
such review, it shall be transmitted to the Town Traffic Engineer
for review, comment, and written recommendations. The Zoning Officer
shall take no action on any permit application until the written recommendations
of the Town Traffic Engineer or the Town Manager's recommendation,
if no Town Traffic Engineer review is required. Failure of the Town
Traffic Engineer or Manager to respond within 30 days of referral
shall be deemed acceptance of the report; provided, however, such
deemed acceptance shall not indicate any acceptance of a proposal
therein to modify the TPAD Program. Nothing in this section shall
restrict any other advisory board or commission from reviewing any
application for development and making recommendations thereon to
Council during the review period set forth in this section.
(e)
Waiver of report requirement. The Zoning Officer
may waive in writing the report requirements only for the following:
(1)
The construction of a single-family dwelling
on a preexisting lot.
(2)
A two-lot subdivision involving residential property
or adjusting lot lines where such adjustment is not for the purpose
of development, provided however, nothing herein shall permit the
construction of multifamily dwelling without a report.
(3)
An expansion of an existing use on the same lot
by the lesser of:
A.
Five percent, provided that all previous expansions
from the date of this article to wit: May 26, 1992, shall be aggregated
with the proposed expansion; or
B.
Ten thousand square feet and provided further
in either case that the applicant demonstrates to the Zoning Officer
that all rights-of-way required by the TPAD Program on the lot have
been dedicated for public use.
(4)
The applicant demonstrates through an analysis
by a qualified traffic engineer that the change in use to another
use is substantially similar to the existing use in both traffic trip
generation characteristics and safety characteristics; or is both
less intense and safer, provided further that the applicant demonstrates
to the Zoning Officer that all rights-of-way required by the TPAD
Program on the lot have been dedicated for public use.
(f)
On-site transportation improvement program.
(1)
If not provided for in the TPAD Program, the
applicant shall provide a schedule for constructing all TPAD Program
facilities located on the property or lot as part of the development
or change in use to the extent the demand for the same is the result
of such proposed development or change in use. If the cost of such
construction exceeds the cost associated with normal development on
the lot or property the Town may defer the construction of a portion
of the improvements to reduce such cost, provided, however, all structures
or improvements on the lot or property shall be located in such a
fashion as to not foreclose future completion of the TPAD Program
facilities.
(2)
If the Town Traffic Engineer determines that
the facilities required by the TPAD Program cannot be immediately
constructed, the Town may accept, in lieu of dedication, a legally
binding offer to dedicate the same in the future in a form approved
by the Town Solicitor. Such agreement shall be in recordable form.
(3)
Facilities required under this section shall
be bonded in accordance with the provisions of Part 11.
(g)
Limitation on development. Notwithstanding the fact that the development, expansion or change in use would be permitted in the underlying zoning district, no development, expansion, change in use within a TD-1 District shall be permitted which would increase the trips generated by development, expansion or use on the lot or property by more than the trips presently assigned. The trips assigned to a lot or property may be increased by an approved transfer, see § 1304.240(c)(7), if done in strict conformance with the Manager's regulations, see §
1304.240(i). The trips assigned to the lot or property shall be that capacity used by the Town in the TPAD District and shall be the trips assigned to the lot or property under the TPAD assessment formula. Where treasury trips are released from the Town's reserve or other trips are transferred from one lot or property to another pursuant to the Manager's regulations, no permit required pursuant to this article shall be issued until the Town Fiscal Officer notifies the Zoning Officer that all fees or charges for such transfers or release are paid, provided, however, in the case of land development or subdivision approval, such fees may be paid at the time building permits are issued but payment of such fees shall be secured in the same manner and at the same time financial security is posted pursuant to Part 11 Subdivision and Land Development Ordinance as now or hereafter amended or reenacted.
(h)
Required off-site improvements, TSM or TDM.
(1)
Where the TPAD Program indicates or the Town
Traffic Engineer determines that an off-site adverse impact shall
be caused by the development, expansion or change in use which is
not to be remedied by the TPAD Program facilities, the following shall
occur:
A.
Where both the Town Traffic Engineer determines
that the appropriate TPAD Program should be amended to remedy all
adverse impacts, and the TPAD Program is legally and finally amended
by the Town, the applicant shall be deemed to have complied with the
terms of this section; or
B.
Where all adverse impacts are not remedied,
the Town shall require at the Town's sole discretion all, some
or one of the following:
1.
Contribute funds towards such off-site traffic
improvements as are necessary to eliminate the adverse impact if such
procedures are now or hereafter established or if the applicant proposes
the same in lieu of or in partial substitution for Subsection (h)(1)B2
and 3 below; or
2.
Reduce the intensity of development to eliminate
the adverse impact; or
3.
Institute a program of transportation system
management or transportation demand management in a form approved
by the Town after recommendations from the Town Traffic Engineer and
any regional Transportation Management Agency as now or hereafter
established. Such a program may include without limitation ride sharing,
mass transit subsidies, signal interconnection and coordination and
employee work hour changes. Such a program shall be a covenant running
with the land and shall be recorded in the Allegheny County Recorder's
office in a form approved by the Town Solicitor.
(2)
Nothing in this section shall be deemed to permit any development which does not meet the requirements of §
1304.240(c).
(i)
Town Manager's regulations. The Town
Manager is hereby authorized and directed to issue rules, regulations
and forms governing applications, trip transfers among property or
lot owners, treasury trip releases, fees, reports and administration
of TD-1 Districts. Any such rules, regulations and forms shall not
be effective until approved by resolution of Council. The initial
Town Manager's regulations are attached to original Ordinance
1073 and made a part hereof as Exhibit A and are hereby approved.
(j)
Effect on Official Map. Where the TPAD Program
requires an expansion of rights of way, new rights of way or relocation
of rights of way, the TPAD Program in that TD-1 District shall be
deemed an amendment to the Official Map or where no Official Map has
been adopted, the TPAD Program shall be deemed a partial Official
Map. A partial Official Map for the Town in the McKnight Road TD-1
District is hereby adopted and is attached to original Ordinance 1073
and made a part hereof as Exhibit B. No development or improvement of any type shall be permitted
in any rights of way shown in the TPAD Program.
(k)
Effect on Comprehensive Plan. The TPAD Program
and land use assumptions used in the TPAD assessment formula, if any,
shall be deemed an amendment to the Town Comprehensive Plan.
(l)
Dedication of rights-of-way. Except as provided
in § 1304.250(n)(1), no permit, PRD approval, land development
approval or subdivision approval shall be given until any such rights
of way, the demand for which is created by the development on the
lot or property, are dedicated to the appropriate Town, county or
commonwealth agency as determined by the Town.
(m)
Increased setback requirements. Where any
TPAD Program facility is located on a lot or property, the right of
way or proposed right-of-way lines shall be treated as lot line and
the setback requirements of the article shall be met; provided however,
the Town may reduce set back requirements upon the applicant's
written waiver request, upon cause shown, as part of the applicant's
land development or subdivision approval.
(n)
Development credits.
(1)
Where both any rights-of-way within or abutting a lot seeking development or use change approval have been dedicated at no cost by an applicant or his predecessor in title pursuant to §
1304.240(k) in excess of that required by this Part 13, Zoning Code, and the TPAD Program as part of the TPAD financing does not provide for the payment or reimbursement to the land owner of right-of-way costs for that right of way to be dedicated, the following development credits shall apply to the property or lot:
A.
The setback requirements from the lot line
Abutting the dedicated right-of-way shall be reduced one foot for
every two feet of dedicated right-of-way as measured from the center
line of the right-of-way, provided that such dedicated right-of-way
exceeds 10 feet, provided however the minimum set back shall not be
less than 25% of the setback required in the underlying district.
B.
In the case of existing development not involving
the expansion of new gross square footage by more than 5%, where the
dedication of right-of-way or the construction of TPAD Program facilities
would remove required landscaping, buffer areas, parking or the like
such removal shall be deemed an automatic reduction in the underlying
district requirements and the lot or property shall not be deemed
nonconforming on account thereof provided, however, the full parking
requirements for any additional gross square footage must be met.
(2)
None of these credits shall apply to any lot
or property or portion thereof where eminent domain proceedings were
or are required or instituted by the Town to acquire rights of way
for any project in the TPAD Program.
[Ord. No. 1540, 6-26-2023]
(a)
Screening and buffering. In all zoning districts,
outside storage areas shall be screened from any public street or
pedestrian walkway, any abutting residential use, and any adjoining
residential district in accordance with the requirements specified
in the Subdivision and Land Development Ordinance (Part 11 of the
Town Municipal Code).
(b)
Recreational vehicles, boats, campers, trailers,
school buses, and trucks.
(1)
In a residential zoning district:
A.
Commercial vehicles are prohibited, except
for personal cars with decals or other markings identifying a company
or business.
B.
Boats, campers, recreation vehicles, trailers,
or trucks with more than two axles, except personal pickup trucks,
must meet all the following requirements:
1.
They are not permitted in the front yard.
2.
They must be set back at least five feet from
the side or rear lot line.
3.
They must be on a driveway or parking pad.
(2)
In a nonresidential zoning district:
A.
Recreational vehicle, boats, campers, trailers,
school buses, and trucks are permitted in the side and rear yards,
provided that the following conditions are met:
1.
They are set back at least 10 feet from a
lot line shared with a residential zoning district.
2.
A six-foot-high privacy fence is installed
on all sides around the area where these vehicles reside.
B.
Hotel/apartment hotel and motel uses are exempt
from the privacy fence requirement of Subsection (b)(2)A2 above.
(c)
Industrial and commercial districts and uses.
All yards used for the storage of any material needed for the operation
or conduct of industrial or commercial enterprise shall be enclosed
by a solid wall, uniformly painted or colored fence, or evergreen
screen planting on all sides which face upon a lot in a more restricted
zone or adjacent to a residential use and in accordance with the requirements
specified in the Subdivision and Land Development Ordinance (Part
11 of the Town Municipal Code).
(d)
Dumpsters. Trash dumpsters must be located
in a side or rear yard and must comply with the screening, setback,
and other applicable requirements of the Subdivision and Land Development
Ordinance (Part 11 of the Town Municipal Code).
(e)
No flammable or explosive liquids, solids
or gases shall be stored above ground, except for tanks of fuel directly
connected to energy or heating devices or used in conjunction with
active agricultural or construction activities. A list of such liquids,
solids or gases stored on site shall be supplied to the appropriate
fire companies serving the Town.