[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 integral 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.
a. This provision does not apply to the following Uses:
(1)
Dwelling, Single-Family Detached.
(2)
Dwelling, Single-Family Semiattached.
(6)
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
|
---|
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. Within the TD-1 District:
1.
No permit required by this Part 13, Planning and Zoning Code,
by way of example and not limitation, for Use, development or occupancy;
3.
No subdivision or Land Development approval shall be issued
without strict conformance to the provisions of the TD-1 District
Regulations.
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. 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:
1.
A trip generation analysis showing the average weekday vehicle
trip ends (AWVTE) which shall be generated by the development, expansion
or change in Use.
2.
Trip generation during the Saturday, evening weekday, and morning
weekday peak hours.
3.
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.
4.
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.
5.
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.
6.
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.
7.
An analysis showing that either:
a.
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
b.
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.
8.
All Lot or property traffic impacts and the mitigation measures
to abate such impacts.
9.
A recommended program of Transportation System Management (TSM)
or Transportation Demand Management (TDM) which shall mitigate off-site
impacts.
10.
Any other reasonable components required by the Town Manager's
regulations.
11.
Any other components required by any bond indenture or other
financial instrument used by the Town for financing TPAD improvements.
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)1b(2)
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. 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:
1.
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.
2.
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.
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 Setback 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 Setback 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)2a(2) 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.