Township of West Hanover, PA Supplemental Regulations

The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one-hour period, after deducting from the gross hourly emission per acre the correction factors set forth in Table 4.01.

Table 4.01 Allowance for Height Emission¹
Height of Emission Above Grade (feet)	Correction (pounds per acre)
50	0.01
100	0.06
150	0.10
200	0.16
300	0.30
400	0.50

NOTE:
¹	Interpolation for intermediate values not shown in table.

Determination of the total net rate of emission of particulate matter within the boundaries of any lot shall be made as follows:

Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.

From each gross hourly rate of emission derived in Subsection C(2)(a) above, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.

Add together the individual net rates of emission derived in Subsection C(2)(b) above to obtain the total net rate of emission from all sources of emission within the boundaries of the lot; such total shall not exceed one pound per acre of lot area during any one-hour period.

§ 195-402 Accessory buildings and structures.

Accessory buildings, such as but not limited to detached garages, barns, storage buildings, detached carports, garden structures, freestanding solar energy collectors, and greenhouses not used for residential or commercial purposes, may be erected in accordance with the following requirements:

Where lots are two acres or less, the accessory building shall not be located in front of the principal building, with the exception of bus shelters.

Where lots are more than two acres, the accessory building may be located in front of the principal building but not in the front yard.

Where such side or rear yard is along an alley, the accessory building shall be located not less than five feet from the alley right-of-way.

Where such side or rear yard is adjacent to another lot, the accessory building shall be located not less than five feet from any lot line.

When an accessory building is erected within the side or rear yard adjacent to a side street on a corner lot, the accessory building shall be not less than the required front yard depth from the exterior side lot line.

Accessory building(s) shall not cover more than 10% of the net lot area in the C, RA, RR or R-1 Districts. Except for agricultural operations, an accessory building shall not exceed the GFA of the principal building. "Net lot area" shall mean, for the purposes of this section, the total lot area minus the floor area of the principal building.

Accessory building or buildings shall not cover more than 10% of the net lot area in the R-2, R-3, or NMU Districts. An accessory building shall not exceed the GFA of the principal building. ("Net lot area" shall mean, for the purposes of this section, the total lot area minus the floor area of the principal building).

Solar energy collectors may be freestanding or located on roofs of a principal or accessory building. Freestanding solar energy collectors shall comply with § 195-402A(1) through (7).

Attached carports shall meet the yard requirements for the district in which they are located.

Dish antennas. Dish antennas shall be a permitted accessory use in any district and shall comply with the following requirements:

All dish antennas shall meet the yard setback and height limitations for the zoning district in which they are located.

The distance of any guy anchorage or similar device shall be at least 10 feet from any property line.

Dish antennas shall not be located in the front yard.

Dish antennas shall be limited to one per lot or unit in a residential or agricultural district.

The dish antenna shall be maintained in a safe condition.

A dish antenna shall be five feet from any overhead electrical power line.

Fences or walls. Fences or walls may be erected, altered and maintained in accordance with the following requirements:

Any fence or wall in the front yard of a residential lot shall not exceed 3 1/2 feet in height. Any fence or wall in the front yard of a commercial lot shall not exceed eight feet in height.

Any fence or wall in the side or rear yard of a residential lot may be solid or opaque up to six feet in height and may extend higher if at least 50% open in character to a maximum of eight feet total.

Any fence in the front yard must be kept a minimum of five feet out of the road right-of-way.

A fence on a corner lot shall not exceed 3 1/2 feet in height on all streets except when a corner lot abuts a corner lot in the rear yard.

Private antenna towers. Private antenna towers shall be a permitted accessory use where specified in the district regulations in accordance with the following requirements:

The private tower antenna shall be intended and used solely for the enjoyment of the occupants of the principal dwelling unit on which it is located.

The private tower antenna shall be affixed to a principal or accessory structure in such a way that there are at least two fastening points holding the tower to said structure or shall be a freestanding structure with required yard setbacks equal to the height of the tower.

The maximum height of a private tower antenna shall be 75 feet.

Small and medium wind energy systems. Small and medium wind energy systems shall be permitted as an accessory use in the permitted zoning districts with the following requirements:

Installation and siting.

If the generator is on a tower, the tower supporting the nacelle and generator shall be, at a minimum, 1.2 times the turbine height from the principal structure on the property and from any property line.

If the generator is a small wind energy system, it may be mounted on a principal or accessory structure as long as the structure height meets ordinance requirements.

Driveway access shall be provided to the base of the system if it is mounted on a tower.

The system shall conform to any applicable requirements of the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

On-site transmission and power lines to and from the wind turbine shall be underground.

Safety and nuisance components.

The system shall be equipped with aerodynamic overspeed braking controls.

Applicable industry standards and certifications shall be provided.

Tower climbing protection shall be provided up to a height of 15 feet.

Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the closest property line.

Small and medium wind energy systems shall not be lighted.

Electrical hazard warning signs shall be posted at the base of all pad-mounted transformers and substations.

All access doors shall be locked or fenced in to prevent entry by nonauthorized persons.

Visual requirements.

Small and medium wind energy systems shall be of a nonobtrusive color, such as gray, tan, green, or off-white.

Small and medium wind energy systems shall not display any advertising beyond the name of the turbine manufacturer.

Decommissioning. The small and medium wind energy systems' owners shall, at their expense, complete decommissioning of the system within 12 months after the end of the useful life of the turbines, within 12 months of damage which prevents the system from operating at full capacity in a safe manner, or within 12 months of a continuous nongeneration of electricity.

§ 195-403 Buffering, landscaping, and screening.

Purpose. The Township recognizes that the process of development alters natural topography and vegetation. Development creates impervious cover and artificial light that can have a negative effect on the ecological balance and visual character of an area by causing increases in air temperatures, acceleration of runoff, erosion and sedimentation process, glare and noise and incompatibilities of land uses. The Township intends to protect its economic base and quality of life through the preservation and enhancement of the unique natural beauty, environment and native plant communities located within its boundaries. Recognizing that the Comprehensive Plan promotes the protection of health, safety, and welfare of the public and encourages quality development, the Township declares that this section is adopted for the following specific purposes, to:

Aid in stabilizing the environment's ecological balance within the Township.

Provide buffering and visual screening between uses of different character.

Enhance the Township's appearance.

Safeguard and enhance land values and protect public and private investments.

Conserve energy.

Protect native plant communities, thereby supporting the ecosystem and providing habitats for a variety of wildlife.

Allow for creativity in providing for buffering, landscaping and screening.

Complement the existing Tree and Vegetation Preservation Ordinance contained in Chapter 173, Subdivision and Land Development.

Buffering. Buffer yards required by this section are intended to separate different land uses from each other and are intended to eliminate and/or minimize nuisances, such as dirt, litter, noise, glare, signs, unsightly buildings or parking areas, and to provide spacing to reduce adverse impacts of noise, light, odor or danger from fire and explosion. Buffer yards shall meet the following requirements:

A buffer yard shall be located at the perimeter of the lot for any given use and shall not be located in any portion of a public right-of-way or proposed right-of-way.

Permitted uses in a buffer yard. Stormwater management facilities, provided that they do not infringe on screening requirements, underground utility facilities, picnic areas, greenways or pedestrian walkways. Buildings, structures, or storage of any kind shall not be permitted in a buffer yard.

A buffer yard and screening shall be provided between districts and uses as follows:

A buffer yard of 50 feet shall be required between residential uses or districts and nonresidential uses or districts. Level 3 screening shall be required within the buffer yard.

A buffer yard of 25 feet shall be required between multifamily residential uses or districts and single-family/two-family residential uses or districts. Level 1 screening shall be required within the buffer yard.

A buffer yard of 50 feet shall be required between residential uses or districts and industrial uses and districts. Level 3 screening shall be required within the buffer yard.

A buffer yard of 25 feet shall be required between commercial uses or districts and industrial uses or districts. Level 2 screening shall be required within the buffer yard.

A buffer yard of 50 feet shall be provided where residential uses or districts are adjacent to arterial streets. Level 1 screening shall be required except in sight triangles. A buffer yard of 100 feet shall be provided where residential uses or districts are adjacent to interstate highways. Level 3 screening shall be required.

Buffer requirements in the Neighborhood Mixed-Use (NMU) and Commercial Mixed-Use (CMU) Districts. A standard buffer yard of 10 feet shall be provided between any residential and nonresidential use located within the NMU and CMU Districts. Level 1 screening shall be installed in the required buffer yard, except along parking areas where Level 2 screening shall be installed.

Parking lots shall not encroach into a buffer yard. Buffer yards shall not be used for parking.

A buffer yard shall not be required in front yards except as required in Subsection B(3)(e).

Landscaping. It is the intent of this section to provide a set of minimum standards for landscaping to improve and maintain community appearance, the environment, rural character and value of properties within the Township in accordance with the Comprehensive Plan. Landscaping shall be required for any land development or major preliminary or major final subdivision.

Minimum required landscaping. Nonresidential and multifamily residential land developments in the R-3, NMU, CMU, CH, I and IE Districts shall have a minimum of 20% landscaping of the total gross lot area, excluding building floor area, impervious surface and environmental sensitive areas.

At least 60% of all trees, shrubs and ground cover required by this section shall be native plants, except that a minimum of 30% of the vegetation chosen for erosion control shall be native plants from Subsection C(7), vegetation acceptable for erosion control. Plants chosen shall be appropriate for their intended function and location based on plant characteristics in accordance with Subsection C(6)(g), native plants for the landscape. Plants chosen shall be appropriate for their intended function and location based on plant characteristics.

The required landscaped area shall include a minimum of 12 deciduous or evergreen trees for each one acre with a minimum of two-and-one-half-inch caliper at time of planting. As an alternative, six trees for each one acre shall be required if deciduous trees are four inches in caliper or greater at the time of planting, and evergreen trees are nine feet in height or greater at the time of planting. A combination of tree sizes is permitted where at least one of larger sized trees may be substituted for two smaller sized trees.

Five deciduous shrubs or hedges may be substituted for one deciduous tree for a maximum of 20% of the tree requirement.

The preservation of existing deciduous or evergreen trees of four-inch caliper or greater within the net lot area may be substituted for 50% of the tree requirement. (Net lot area for this section shall be total gross lot area minus building floor area, impervious surface and environmental sensitive areas. The number of existing trees must meet or exceed 50% of the number of trees required in Subsection C(1).

The remaining area required to be landscaped shall be ground cover.

A cost estimate for posting of securities in accordance with Chapter 173, Subdivision and Land Development.

All trees, shrubs, hedges, or ground cover that die or are destroyed shall be replaced within six months.

Street trees. Street trees shall be required along with all existing and new streets within a subdivision or land development.

Location. Street trees shall be installed along the street frontage or both sides of the street. Street trees shall be planted along the street frontage within five feet of the right-of-way line. Where trees are planted along the street, spacing shall depend on the tree size specified in Table 4.02 as follows:

Table 4.02 Street Tree Spacing Requirements
Tree Size at Maturity		Planting Internal
Size	Feet	Feet
Large	More than 40	50 to 70
Medium	30 to 40	40 to 50
Small	Less than 30	30 to 40

When the spacing interval exceeds 40 feet, small ornamental trees may be placed between the large trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a landscape architect.

Street trees shall be planted so as not to interfere with utilities, roadways, sidewalks, streetlights, clear sight triangles and safe sight distance in accordance with Article VI and Exhibit VI of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

Minimum planting specifications, at the time of planting, except as specified in Subsection D, Screening.

Deciduous trees shall have a minimum caliper measurement of 2 1/2 inches, measured a minimum of six inches above the soil line.

Coniferous trees shall have a minimum height of six feet.

Evergreen shrubs, except for those used as low ground covers, shall have an average height of 20 inches.

Deciduous shrubs shall have an average height of 30 inches.

Trees with less than three inches in caliper shall be properly staked or trees with more than three inches in caliper shall be guyed and be properly protected for a period of one year from the date of planting.

Any nylon rope used in balling the tree must be cut and removed from the root ball.

Trees and shrubs shall be hardy, not prone to disease or pests and suitable for use as a screening hedge including dense foliage.

(h)

Shrubs to be used on slopes steeper than three to one shall be chosen from Attachment 2, Appendix 2, contained in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

(i)

Ground cover to be used on slopes steeper than three to one shall be chosen from Attachment 2, Appendix 2, contained in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover, except that no more than 50% of berm area may be composed of ornamental grass or legume mixture.

(j)

Mulch for grass seed mix must be straw mulch as specified in PennDOT Publication 408 (Pub. 408), except that slopes steeper than three to one shall receive erosion control blankets/mats as specified in Pub. 408. Mulch shall be placed around trees, shrubs and ground cover. Mulch shall be shredded bark or other organic mulch, if approved by Township officials, in continuous beds surrounding vegetation. Mulch shall not be the sole cover but shall be used in conjunction with vegetative ground cover which shall cover 95% of the area within two years of planting. A system of staking, matting and/or netting shall be installed on slope/mound areas steeper than three to one to be mulched, but will not inhibit vegetative growth and will not be visible two years after planting.

(k)

Stabilization measures shall include erosion control blankets or mats as specified in PennDOT Pub. 408 for slopes steeper than three to one.

(l)

Landscaping trees for parking lot requirements shall be in accordance with § 195-418E, Off-street parking and loading.

Landscape plan. All landscaping shall be drawn to scale on a site development plan and submitted to the Zoning Officer prior to the issuance of a zoning permit or with the land development or major preliminary or final subdivision application. The landscape plan shall be prepared and certified by a landscape architect licensed by the Commonwealth of Pennsylvania. The landscape plan shall contain the following data as a minimum:

An on-site characterization identifying type, size and height of existing plant materials to be preserved.

A plant schedule describing plant materials, including names (common and botanical), location, qualities, caliper sizes, heights, spread, and spacing at installation. The plant schedule shall also specify the number, type of landscaping (i.e., street trees, parking lot landscaping, buffer yard landscaping, screening, etc.) and the section of this chapter requiring landscaping.

Location, height and type of plant material proposed for buffer yards, screening and fencing.

The manner in which trees and shrubs are to be planted shall be indicated on a tree and shrub planting detail.

The manner in which lawn areas and ground cover are to be planted shall be indicated on a ground cover detail.

A description of how existing healthy trees are proposed to be retained and protected from damage during construction should be described in the construction detail.

Size, height, location and material of proposed seating, lighting, planters, sculptures and water features.

(h)

Location and dimension of sight triangles as defined in the Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

Native plant requirements. The use of native species benefits land developers by reducing landscape maintenance cost and will benefit the community and the environment by reestablishing a native plant community. Native plants shall be selected in accordance with Attachment 2, Appendix 2, contained in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

Maintenance plan. Landscaping required in this section shall be maintained in a healthy, growing condition at all times. It shall be the responsibility of the property owner of record or their delegated representative to properly maintain and care for any landscape screen or other treatment as approved by the Township. In order to ensure proper maintenance of landscaping, a maintenance plan addressing the following shall be required:

The maintenance plan shall be prepared and certified by a landscape architect, registered and licensed in the Commonwealth of Pennsylvania.

Project narrative. Description of short-term maintenance procedures for 18 months following the date of planting.

Long-term lawn and planting maintenance. Eighteen-month contractors' warranty of all lawn and plant materials. Warranty period begins when the maintenance bond for public improvements begins.

Screening. Screening shall be provided as required by this article. The purpose of screening is to provide an effective visual barrier and to protect property against traffic, trespass, noise, heat, glare, dust, unsightly or distracting activity, to preserve property values and assure compatibility of uses.

The following list describes various levels of screening.

Level 1. This buffer shall contain screening materials which, at maturity, provide intermittent visual obstruction from the ground to a height of four feet, as well as intermittent visual obstruction from a height of four feet to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width upon the plant's maturity. Grouping of plant materials is encouraged to achieve a more natural appearance.

Evergreen trees: minimum five-foot planting height.

Deciduous trees: minimum two-inch caliper and six-foot planting height.

Shrubs: eighteen-inch planting height, reaching a minimum of 30 inches within two years. All shrubs (deciduous or evergreen) must have a minimum spread of 12 inches to 15 inches when planted.

Minimum planting width: 10 feet.

Level 2. This buffer shall contain screening materials which, at maturity, provide semiopacity from the ground to a height of six feet and intermittent visual obstruction from a height of six feet to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width; and vegetative screening material within semiopaque areas shall contain openings no greater than 10 feet in width upon the plants' maturity. Grouping of plant material is encouraged to achieve a more natural appearance.

Evergreen trees: minimum five-foot planting height.

Deciduous trees: minimum two-inch caliper and six-foot planting height.

Shrubs: minimum eighteen-inch planting height, reaching a minimum of 30 inches within two years. All shrubs (deciduous and evergreen) must have a minimum spread of 12 inches to 15 inches when planted.

Minimum planting width: 10 feet.

Level 3. The buffer shall contain screening materials which, at maturity, provide opacity from the ground to a height of 30 feet. Vegetative screening materials within opaque areas shall contain no horizontal openings upon the plants' maturity. Trees within the buffer shall consist primarily of Eastern white pine, Norway spruce and Eastern red cedar grouped to achieve a desired opacity. All plantings are required to be planted with 60% native species. Screening shall consist of the following:

Minimum six-foot-high freestanding/retaining wall, solid fence, or berm (in accordance with Appendix B of the Subdivision and Land Development Ordinance).

Evergreen trees: minimum eight-foot tree planting height, deciduous trees two-inch minimum caliper, six-inch planting height, and shrubs with a minimum eighteen-inch planting height, with a minimum spread of 12 inches to 15 inches when planted.

Minimum planting width: 12 feet.

Uses.

The following specific uses or features shall be screened with a Level 3 screening from adjacent properties and from public view from a street:

Dumpster and trash-handling areas.

Loading docks.

Outdoor storage or any material stocks or equipment, including but not limited to motor vehicles, farm or construction equipment or other similar items.

Rooftop equipment shall be visually screened with a wall, fence or permanent enclosure.

[5]

Service entrances and public utility services.

[6]

Basins and stormwater management facilities, except for bioretention infiltration areas.

Berm screening is required across the rear of through lots when the rear road is a collector or higher classification. The standards for berms shall be in accordance with Attachment 3, Appendix B, contained in Chapter 173, Subdivision and Land Development Ordinance, of the Code of the Township of West Hanover.

Maintenance. All required plantings shall comply Subsection C(8), Maintenance plan. All required fences or walls shall be permanently maintained in good condition and, whenever necessary, repaired and replaced.

§ 195-404 Bulk and area modifications and exceptions.

Height modifications.

Height regulations shall not apply to principal barns, spires, belfries, cupolas, towers, penthouses or domes not used for human occupancy, or to ventilators, water tanks, bulkheads, silos or ornamental or necessary mechanical appurtenances. However, the minimum distance between any of the mentioned appurtenances and any property line shall be not less than twice the height of the appurtenance.

For all residential uses, accessory buildings shall not exceed 20 feet in height.

Accessory barns shall not exceed 35 feet in height.

In no case shall a residential accessory building or barn contain a dwelling unit or living area of any kind.

Lot area.

In any residential district where a public sewer is not accessible, the lot area shall be not less than one acre.

The minimum required lot areas specified in Article 2 of this chapter may be modified through the application of the open space development standards specified under § 195-419 of this chapter.

Lot frontage. Except for a nonconforming lot, all lots must abut a public street and meet the lot width requirement in the district in which it is located.

Projections into yards.

Uncovered stairways and necessary landings may project into a required yard to a distance of not more than four feet, provided that such stair and landing shall not extend above the entrance floor of the building, except for a railing, not to exceed three feet in height.

Uncovered porches or decks, when constructed more than six inches above the ground level, may project into a required yard to a distance of not more than four feet, provided that such porch or deck does not extend more than three feet above the floor level of the ground story.

Uncovered patios and walkways at ground level elevations may be located in the required side and rear yards not closer than 10 feet to any adjacent property line, and may project into front yards up to 15 feet.

Cornices, eaves, gutters, bay windows, roof overhangs or chimneys may project into a required yard not more than 24 inches.

Apparatus or architectural structures needed for efficient operations of solar energy systems, including but not limited to overhangs, insulating walls and roofs, solar collectors or reflectors, may project into a required yard not more than four feet.

Light fixtures, sidewalks or walkways on grade, fences, handicapped ramps, flagpoles for official government flags of the United States and its political subdivisions, sidewalks, walkways or ramps when not connected to a building, vegetation, landscaping materials, decorative lawn ornaments, bird feeders, handrails along sidewalks or ramps may project into any required yard.

Yard regulations.

Average depth of front yards.

No front yard for a principal building shall be required to exceed:

The average depth of existing front yards on lots containing a principal building within 25 feet of the side lot line on lots abutting on each side.

The average depth of existing front yards on all lots containing a principal building within 25 feet of the side lot line, on the same side of the street, within the same block, and within 200 feet when 51% or more of the lots are improved with buildings, whichever is greater.

Where a vacant lot adjoins only one lot occupied by a principal building (within 25 feet of the common side lot line) which extends into the required front yard of such occupied lot, the front yard depth of such vacant lot may be the average depth of the front yard of such adjacent lot and the front yard required for the district in which such vacant lot is located. However, the second vacant lot from the original occupied lot must have at least the minimum front yard depth required in the district.

The measurement for determining the average front yard depth shall be from the outside wall of the principal building which may include covered areas such as a covered porch.

An accessory building shall not be erected or altered within any front yard except a Detached garage in accordance with § 195-402A.

Parking shall not be permitted in a front yard within a residential district, except driveways.

Double frontage lots. Double frontage lots shall provide the required front yard along each street.

Side yard, corner lot. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this chapter.

Side yard where lines are not parallel. Where a side wall of a building is not parallel to the side lot line or where a side yard is irregular, the average side yard may be considered the required minimum width, provided that the side yard shall not be narrower than five feet nor less than 1/2 the required minimum width at any point. The average side yard shall be determined by establishing the average of the distance from the two closest corners of the principal building and the side property line. The averaged side yard distance shall be measured from the center of the principal building.

Rear yard where lot is irregular shape. In the case of an irregular, triangular or gore-shaped lot, the required minimum depth of a rear yard may be deemed to be the average depth, provided that no rear yard so averaged shall be less than 10 feet nor 1/2 the required minimum depth at any point. The average rear yard shall be determined by establishing the average of the distance from the two closest corners of the principal building and the rear property line. The average rear yard distance shall be measured from the center of the principal building.

Yard reduction. A lot located in a district where residential structures are permitted, held in single and separate ownership at the effective date of this chapter, with a lot width less than that required by the zoning district, only one single-family dwelling may be erected, and side yards shall be provided in accordance with the following requirements:

Side yard, corner lot. On corner lots with a width of 50 feet or more, two side yards shall be provided. The exterior side yard abutting the street may be reduced by the number of feet by which the lot width is less than the district requirement but may not be reduced to less than the required interior side yard. The interior side yard shall be provided as required by the district regulations.

For lots less than the width required by the zoning district, but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.

For lots having a depth of less than 90 feet, the required rear yard may be reduced by 20% of the lot depth but in no case less than 1/2 the required rear yard.

§ 195-405 Erosion and sedimentation control.

Any uses which involve earthmoving activities of 1,000 square feet or more shall comply with the requirements of Chapter 102, Erosion Control, of Title 25 Rules and Regulations, Department of Environmental Protection.

§ 195-406 Donation containers, unattended.

Donation containers are exempt from a zoning permit, however, the following regulations apply to donation containers that accept new or gently used clothing items:

Size. The donation container may not be larger than seven feet tall, six feet wide or six feet long.

Maximum number. Donation containers are limited to a maximum of two per property located within the side yard and rear yard areas and may not exceed a use area within these locations of 120 square feet.

Location and placement. Donation containers are only permitted on civic, institutional, and commercial properties with lot area of 40,000 square feet or greater and may only be placed on such properties with written permission from the property owner. Such written permission shall be made available to the Township for review upon request.

Maintenance.

Donation container items shall be collected on a regular basis or within 48 hours following a property owner's request.

Donated items or any refuse may not be left outside the containers for more than 24 hours and shall be removed by the box owner/operator or property owners.

Identification. Each donation container shall be properly identified and labeled with the following information:

Name and telephone number of the owner/operator.

Entity responsible for collecting donated items and any refuse left outside the container.

Type of donated items accepted and a statement prohibiting liquids and dumping.

§ 195-407 Electromagnetic interference.

In all districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety, and welfare, including but not limited to interference with normal radio, telephone or television reception from off the premises where the activity is conducted.

§ 195-408 Encroachments.

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:

General requirements.

The Township'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.

In general, encroachments shall complement public use and improvements. In no case shall encroachments exclude the public from any public sidewalk or street.

Allowed encroachments shall comply with all requirements of this chapter.

Location and dimensional requirements.

Encroachments may be allowed where it can be determined by the Zoning Officer that the encroachment would not result, individually or cumulatively, in a narrowing of the sidewalk such that important functional attributes of the Township, (e.g., ability of pedestrians to stroll side-by-side and to pass comfortably for significant stretches, lingering and window shopping) are not jeopardized. The location and dimensions of any item located in a public place shall meet the minimum guidelines set forth herein and any other applicable local, state or federal law or regulation.

Encroachments shall maintain a clear path of no less than five feet.

Encroachments shall not block safe access to businesses, parking spaces, bike stalls, or other spaces required by the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

Encroachments shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined with a fifteen-foot setback area, beginning near the crosswalk or curb cuts.

Encroachments shall not intrude onto other private properties.

Maintenance and operational requirements.

Maintenance of encroachments shall be the sole responsibility of the owner of the property upon which the encroachment occurs.

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.

All materials shall be well maintained without stains, rust, tears, or discoloration. Materials that show signs of significant wear or age shall be replaced.

Outdoor displays. Outdoor displays shall be limited to single items or object displays or examples of items or goods sold in the store and shall comply with all other standards specified herein.

Umbrellas and outdoor furniture. 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.

Planters and landscaping.

Private planters shall be placed against buildings to accent building entrances and openings. Private planters shall complement but not interfere with or be placed adjacent to Township-maintained planters located along the street curb. Planters shall not be used to define seating areas or otherwise cordon off public sidewalks for private use.

Plant material shall always be maintained in a viable condition.

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.

Other encroachment types. Other types of encroachments, not anticipated by this chapter, may be considered and permitted by the Township, but shall comply with the purpose and intent of these requirements.

§ 195-409 Erosion and sedimentation control.

Erosion and sedimentation control measures shall be provided in accordance with the regulations and standards specified in Article VI of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

§ 195-410 Fire and explosive hazards.

Chapter 88 of the Code of the Township of West Hanover shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials, or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.

§ 195-411 Firewood storage.

Firewood may be stored in accordance with the following requirements:

Stacks of firewood maintained for personal, residential use shall not be stored to a height in excess of six feet.

Stacks of firewood shall be a minimum of six feet from any property line.

Stacks of firewood may be stored in the front yard.

Stacks of firewood shall not be stored in the street right-of-way or sight distance triangle of intersections and/or driveways.

§ 195-412 Glare and heat.

Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 5/10 footcandle measured at the property line.

§ 195-413 Ground vibration.

Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located. Vibrations from temporary construction and vehicles which leave the lot (such as trucks, trains, airplanes, and helicopters) are excluded.

§ 195-414 Historic preservation.

The Township Comprehensive Plan recognizes that historic preservation is important in maintaining the rural and historic character of the Township. Historical resources include buildings, structures, and landscapes. It is the purpose of this section to provide reasonable standards to preserve and maintain the historical resources of the Township for the enjoyment and education of present and future generations; to ensure that on-site improvements or construction is in harmony with existing historic character; to preserve places and structures determined to be historically significant in the Township; and to ensure the continued construction or rehabilitation of buildings consistent with the historic style, design, form, color, proportion, texture and material for buildings.

Review procedures. The Zoning Officer shall review an applicant's building proposal for the alteration of a structure or building that is listed on a national, state or local register of historic places. The Zoning Officer shall be governed by the recommended standards of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

Appeals to the Zoning Hearing Board. Appeals to the Zoning Hearing Board may be made by any resident or property owner who is aggrieved by the historic preservation guidelines. Appeal procedures shall be in conformance with § 195-113 of this chapter.

Exemptions. Nothing herein shall prohibit:

The ordinary maintenance or repair of any exterior or architectural features which does not involve a change in design, material, color or outer appearance thereof.

The planting of trees or shrubs when in conformity with sight distance standards at intersections.

Prohibitions. No person, corporation, partnership, association or society shall:

Cause the exterior of any building or structure that is on a national, state or local register owned or leased by them, including walls, fences, light fixtures, steps, pavement, path, trees or any other appurtenant features, or aboveground utility structure or any type of outdoor advertising sign, to be erected, altered, restored or moved without an approved zoning permit issued by the Zoning Officer. In no event shall a building permit be issued until the zoning permit has been approved or after written order of the Zoning Hearing Board.

Cause the portion of any building or structure owned or leased by them that is on a national, state or local register, including walls, fences, light fixtures, steps, pavement, path, trees or any other appurtenant features, or aboveground utility structure or any type of outdoor advertising sign, to be erected, altered, restored or moved after a zoning permit has been issued except in accordance with the plans submitted and approved as part of the zoning permit application.

Cause or allow to be demolished any building or structure that is listed on a national, state or local register until the owner thereof shall have given the Zoning Officer 90 days' written notice of the proposed action. During the ninety-day period, the Zoning Officer shall consult with the West Hanover Township Historical Society to determine the historic significance of the site. This determination shall be rendered within the ninety-day period and prior to the issuance of a zoning permit allowing demolition. If the building(s) or structure(s) in question do not significantly contribute to the historic character of the Township, the Zoning Officer may waive all or part of such ninety-day period and authorize demolition or removal.

§ 195-415 Lighting.

Lighting shall be required in major subdivisions and land developments. These lighting requirements provide appropriate standards to ensure adequate nighttime safety and security while minimizing the spillover of light and glare on operators of motor vehicles, pedestrians and land uses near the light source. The Comprehensive Plan recognizes that proper lighting design is an instrument for preserving rural character or creating a sense of place within developments. However, it is the safety, welfare, nuisance and hazardous aspects of lighting that form the basis of these regulations.

Requirements. Exterior lighting shall be provided in parking areas, pedestrian sidewalks and walkways and nonresidential driveway intersections in accordance with the following standards. Lighting used for security purposes shall also conform to the following standards. These regulations permit an option of providing a lower light post for luminaires with a no cutoff design or a higher pole, up to 60 feet, for luminaires that totally cut off light spillover at a cutoff angle smaller than 90°. The maximum height light post permitted shall be dependent upon the amount of cutoff provided. Exterior lighting shall meet one of the following standards:

When the light source or luminaire has no cutoff, the maximum permitted illumination shall be as specified in Table 4.03.

Table 4.03 Maximum Permitted Illumination: No Luminaire Cutoff
Zoning District	Maximum Permitted Illumination (footcandles)	Maximum Permitted Luminaire Height (feet)
Residential	0.2	10
Nonresidential	0.3	20

When a luminaire has a total cutoff angle greater than 90°, the maximum illumination and the maximum permitted luminaire height shall be as specified in Table 4.04.

Table 4.04 Maximum Permitted Illumination: Luminaire Cutoff Greater Than 90°
Zoning District	Maximum Permitted Illumination (footcandles)	Maximum Permitted Luminaire Height (feet)
Conservation District (C)	0.3	15
Rural Agriculture District (RA)	0.5	20
Rural Residential District (RR)	0.5	20
Low-Density Residential District (R-1)	0.5	20
Medium-Density Residential District (R-2)	0.75	25
Suburban Residential District (R-3)	0.75	25
Neighborhood Mixed-Use District (NMU): 100% Residential	0.75	25
Neighborhood Mixed-Use District (NMU)	1.5	35
Commercial Mixed-Use District (CMU): 100% Residential	0.75	25
Commercial Mixed-Use District (CMU)	1.5	35
Commercial Highway District (CH)	1.5	35
Interchange District (I)	1.5	35
Light Industrial-Commercial District (LIC)	1.5	35
Industrial Enterprise District (IE)	2.0	40

When a luminaire has a total cutoff of light at an angle less than 90° and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cutoff angle intersects the ground, then the maximum permitted illumination and maximum permitted height at the luminaire shall be as specified in Table 4.05.

Table 4.05 Maximum Permitted Illumination: Luminaire Cutoff Less Than 90°
Zoning District	Maximum Permitted Illumination (footcandles)	Maximum Permitted Luminaire Height (feet)
Conservation District (C)	0.5	20
Rural Agriculture District (RA)	1.5	30
Rural Residential District (RR)	1.5	25
Low-Density Residential District (R-1)	1.0	25
Medium-Density Residential District (R-2)	1.5	30
Suburban Residential District (R-3)	1.5	30
Neighborhood Mixed-Use District (NMU): 100% Residential	0.75	30
Neighborhood Mixed-Use District (NMU)	1.5	35
Commercial Mixed-Use District (CMU): 100% Residential	0.75	30
Commercial Highway District (CH)	3.0	40
Interchange District (I)	4.0	50
Light Industrial-Commercial District (LIC)	3.0	40
Industrial Enterprise District (IE)	4.0	50

The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall be unlawful. Any lighting that produces glare shall not cause illumination in excess of five-tenths footcandle measured at the property line.

Measurement. Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct reading portable light meter or light-reading equipment recommended by the Township Engineer.

Method. Readings shall be taken by qualified personnel so that the light-reading meter has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.

Nighttime lighting (from 11:00 p.m. to 6:00 a.m. Eastern standard time) shall be reduced by two-thirds of the limits imposed by this section, to prevent light pollution while still allowing enough light for safe ingress and egress.

Exemption for specified uses.

Because of their unique requirements for nighttime visibility and their limited hours of operation, public and private recreational uses such as ball diamonds, playing fields, tennis courts and volleyball courts are exempt from the above requirements. These uses must meet all other requirements of this article and chapter.

Outdoor public and private recreational uses specified above shall not exceed a maximum permitted post height of 80 feet.

Outdoor public and private recreational uses may exceed a total cutoff angle of 90°, provided that the luminaire is shielded to prevent light and glare spillover to adjacent residential uses. The maximum permitted illumination at the interior buffer yard line shall not exceed two footcandles.

Low-level pedestrian lighting for sidewalks should be provided for safety as follows:

Nonresidential uses. Low-level sidewalk illumination for nonresidential uses shall be between 0.5 to 0.10 footcandle.

Residential uses. Low-level sidewalk illumination for residential uses shall be between 0.2 to 0.13 footcandle.

Additional requirements.

Flickering or flashing lights shall not be permitted.

Light sources or luminaires shall not be located within buffer yard areas except for pedestrian walkways.

The location and type of lighting required by this article shall be shown on the site plan submitted for major subdivision and land development proposals.

Low-level pedestrian lighting for sidewalks should be provided as necessary for safety as follows:

Nonresidential uses. Low-level sidewalk illumination for nonresidential uses shall be between 0.5 to 0.10 footcandle.

Residential uses. Low-level sidewalk illumination for residential uses shall be between 0.2 to 0.3 footcandle.

§ 195-416 Noise.

In all zones, the sound-pressure level for all uses and activities shall not exceed the decibel limits in the octave bands designated in the following table and shall comply with the following standards:

Permitted decibel levels. At no point at or beyond the property line shall the measured sound level exceed the maximum permitted sound levels designated in the Table 4.06.

Table 4.06 Maximum Permitted Sound Level in Decibels Along the Property Line
Octave Band Cycles Per Second	Residence Districts (decibels, db)	Nonresidential Districts (decibels, db)
0 to 75	67	73
75 to 150	62	68
150 to 300	58	64
300 to 600	54	60
600 to 1,200	49	55
1,200 to 2,400	45	51
2,400 to 4,800	41	47
Over 4,800	37	43

Measurement. Sound levels shall be measured with a sound-level meter and associated octave band filter manufactured in accordance with the American National Standards Institute (ANSI). Noises capable of being measured shall be those noises which cause rapid fluctuations of the sound-level meter with a variation of no more than plus or minus two decibels. Noises incapable of being measured, such as those of irregular and/or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

Exemptions. The following activities or sources are exempt from these noise standards:

Activities covered by the following: stationary signaling devices, domestic power tools, air-conditioning and air-handling equipment for residential purpose, and refuse collection vehicles.

The unamplified human voice.

The lowing of cattle, the clucking of fowl, the neighing of horses or other normal sounds of reasonably cared for agricultural animals, as well as the sounds of necessary farming equipment for a bona fide agricultural operation. Noises related to domestic animals are regulated by Chapter 67 of the Code.

Fixed-wing aircraft operations.

Construction or routine maintenance of public service utilities.

Temporary activities relating to the construction and maintenance of buildings and facilities, including site preparation between 6:00 a.m. to 9:00 p.m. Eastern standard time.

Church bells or chimes.

The emission of sound for the purpose of alerting persons of an emergency, or the emission of sound in the performance of emergency work.

Occasionally used safety signals, warning devices and emergency pressure relief values.

§ 195-417 Obstruction to vision.

Walls, fences, signs, other structures, or obstructions shall not be erected or altered, and hedges, trees or other plant material shall not be planted or maintained which may cause danger to traffic on a street, road, or driveway by obstructing the available sight distance. The required sight distance is the minimum safe stopping sight distance in accordance with Article VI of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

In addition to the requirements of § 195-402C, on corner lots no wall, fence, sign or other structure in excess of 3 1/2 feet in height shall be erected or altered and no hedge or other plant material in excess of 3 1/2 feet in height shall be permitted within 25 feet in any direction of the intersection of the street right-of-way.

§ 195-418 Off-street parking and loading.

Purpose. The Township recognizes in its Comprehensive Plan that off-street areas are necessary to accommodate the needs of commercial businesses, residential uses and the general public. It is the intent of this article to promote public health, safety, and welfare by providing reasonable standards for off-street parking areas that:

Minimize conflicts between pedestrians and motor vehicles.

Create visually attractive parking areas.

Ensure a sufficient number of spaces for the intended use of the property.

Ensure adequate lighting.

Ensure adequate drainage.

Provide for efficient maneuverability and safe vehicle and pedestrian circulation.

Protect the character and stability of residential, business, institutional and industrial areas.

Preserve the value of land and buildings on surrounding properties.

General parking regulations.

Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking space located off the public right-of-way.

Unless determined unnecessary by the Township Engineer, parking spaces and approaches thereto shall be paved in accordance with § 173-25, Street systems, of the Code of the Township of West Hanover. Outdoor parking spaces shall not be deemed to be part of the open space of the lot on which they are located.

All commercial, public, institutional, and industrial uses shall provide ADA-accessible parking spaces according to the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

In residential districts, no part of any minimum front yard setback shall be used for parking purposes, except that the driveway area located within the front yard setback may be used for off-street parking. For nonresidential uses, parking may be permitted no closer than 15 feet from the street right-of-way line.

Parking or use of major recreational equipment and major commercial vehicles.

No major recreational vehicle or major commercial vehicle shall be parked or stored on any street or publicly dedicated right-of-way except for the temporary purposes of loading or unloading, and such temporary purposes shall not exceed a twenty-four-hour period.

No major recreational vehicle or major commercial vehicle shall be used for living, sleeping or housekeeping purposes when parked upon a street or publicly dedicated right-of-way, or when parked or stored upon a residential lot, or when parked or stored in any location not approved for such use.

Any single use requiring more than 500 parking spaces shall provide a minimum of 10% of the interior parking lot area to be landscaped according to Subsection E(9).

Off-street parking requirements. Any of the following permitted uses or buildings hereafter established, erected or enlarged; any use or building hereafter converted into one of the following uses; and any open space hereafter used shall be provided with not less than the minimum off-street parking spaces as set forth in Table 4.07, together with adequate access drives, driveways or other means of circulation and access to and from a street. Current ADA requirements for handicapped parking must be met pursuant to the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover. Where the computation of required parking spaces results in a fractional number, any fraction shall be counted as one.

Table 4.07 Off-Street Parking Space Requirements
Uses	Required Parking Spaces (minimum)
Residential and Lodging Uses
Bed-and-breakfast	1 per sleeping room, plus 2 per permanent residents
Community residence, group home	1 per 2 beds, plus 1 per employee on the largest work shift
Community residence, halfway house/recovery community	1 for each sleeping room to be occupied by residents, plus 1 for each dwelling unit on the premises, plus 1 space for every 2 employees not living on the premises
Dwelling, multifamily	2 per unit
Dwelling, multifamily conversion	2 per unit
Dwelling, single-family detached	3 per lot
Dwelling, single-family semiattached	3 per unit
Dwelling, townhouse	2 per unit
Dwelling, two-family	2 per unit
Dwelling, tiny home	1 per unit
Hotel/apartment hotel	1 for each guest room, plus 1 for each 2 employees on the largest shift
Manufactured home parks	2 per lot
Mixed-use building	Parking demand analysis pursuant to Subsection D
Motel	1 for each guest room, plus 1 for each 2 employees on the largest shift
Rooming house and boardinghouse	1 for each sleeping room to be occupied by boarders, plus 1 for each dwelling unit on the premises, plus 1 for every 2 employees not living on the premises
Short-term rental	3 per unit
Temporary shelter facility	1 per each employee on the maximum shift and 1 per each employee on the preceding shift
Civic and Institutional Uses
Assembly, general	Parking demand analysis pursuant to Subsection D
Assembly, neighborhood	Parking demand analysis pursuant to Subsection D
Cemetery	1 per each employee, and accessways to the cemetery sections shall allow parallel parking on the accessway for grave site services and visitations. Such parking shall not queue into the public right-of-way or clear sight triangle.
Government facility	Parking demand analysis pursuant to Subsection D
School, higher education	Parking demand analysis pursuant to Subsection D
Hospital	Parking demand analysis pursuant to Subsection D
Houses of worship	1 per 4 fixed seats; 1 per 40 square feet of multi-use GFA if no fixed seats; 1 per office or classroom
Library/museum	1 for each 400 square feet of GFA
Long-term care facility	Parking demand analysis pursuant to Subsection D
Police/fire/EMS	1 for each 400 square feet of office space, plus 1 for each 50 square feet of assembly area, meeting room, conference, etc.
School, high school, vocational	Parking demand analysis pursuant to Subsection D
School, Pre-K, elementary, intermediate	Parking demand analysis pursuant to Subsection D
Stadium/arena	Parking demand analysis pursuant to Subsection D
Agriculture, Forestry, and Open Space Uses
Agricultural operation	2 per dwelling located within the agriculture area and 1 for each full-time worker
Commercial recreation
Athletic fields	20 per field
Basketball courts	5 per court
Bowling alley	5 for each alley
Campground	1 for each campsite
Park	2 per acre
Skating rink	1 per each 100 square feet of area
Swimming pool	2 for every 100 square feet of GFA
Tennis/pickle ball courts	2 per each court, plus 1 for each 200 square feet of clubhouse noncourt GFA
Commercial stockyards and/or feedlots	1 per 1,500 square feet of use area
Community garden	1 per 2,000 square feet of use area
Equine activities	1 per 4 stalls
Forestry operation	N/A
Nature preserve	1 per 1,500 square feet of use area
Shooting range	1 per 1,500 square feet of use area
Park	1 per each 5 acres of parkland
Retail Uses
Commercial equipment and supply	1 per each 200 square feet of GFA
Convenience store	1 per each 200 square feet of GFA
General retail	1 per each 200 square feet of GFA
Grocery store	1 per each 200 square feet of GFA
Medical marijuana dispensary	1 per each 200 square feet of GFA
Neighborhood retail	1 per each 200 square feet of GFA
Outdoor sales lot	1 per each 2,000 square feet of lot area for employee and customer parking (excludes vehicle display area)
Public market	1 per each 200 square feet of floor area
Service Uses
Adult day-care center	1 per each employee on the maximum shift and 1 per each 2 of the maximum number of adults cared for at the center
Assisted living facility	Parking demand analysis pursuant to Subsection D
Automobile fueling and limited repair service	1 per each employee on the maximum shift and 1 per vehicle if dropoff service is offered, plus vehicle queue area
Automobile service/car wash	1 per each employee on the maximum shift and 1 per vehicle if dropoff service is offered, plus vehicle queue area
Automobile, truck, limousine sales and rental service	1 per each 2,000 square feet of lot area for employee and customer parking (excludes vehicle display area)
Bail bonds agency	1 per each 200 square feet of GFA
Brew pub	1 per each 50 square feet of GFA accessible to the public
Child-care center	1 per each employee on the maximum shift and 1 per each 2 of the maximum number of children cared for at the center
Community service	1 per each 200 square feet of GFA
Drinking places	1 per each 50 square feet of GFA accessible to the public
Eating places	1 per each 50 square feet of GFA accessible to the public, plus vehicle queue area for drive-through facilities
Electronic cigarette/vaporizer store	1 per each 200 square feet of GFA
Entertainment assembly	Parking demand analysis pursuant to Subsection D
Family child-care home	1 per each employee on the maximum shift and 1 per each 2 of the maximum number of children cared for at the center
Funeral home/mortuary	1 per for every 10,000 square feet of GFA
General service	1 per 1,500 square feet of GFA
Group child-care home	1 per each employee on the maximum shift and 1 per each 2 of the maximum number of children cared for at the center
Kennel	1 per each employee on the maximum shift and 1 per each 200 square feet of area devoted to the kennel area
Medical clinic	1 per each 200 square feet of GFA
Microbrewery, microdistillery, microwinery	1 per 500 square feet of use area
Methadone treatment facility	1 per each 200 square feet of area in addition to spaces provided for other uses within the same building
Neighborhood service	1 per 500 square feet of use area
Pawn shop/check-cashing establishment	1 per 500 square feet of use area
Private club	1 for each 400 square feet of office space, plus 1 for each 75 square feet of assembly area, meeting room, conference, etc.
Recreational campground	2 per lot or campsite, plus 4 at or near each comfort station on a roadway shall also be provided, which may be counted as part of the overall number of spaces required for the campsites. Parking shall also be provided at the park entrance for guest registration at a rate of 1 per 500 square feet of use area.
Self-storage facility	1 per 1,500 square feet of use area
Smoking places	1 per 500 square feet of use area
Tattoo/piercing parlor	1 per 500 square feet of use area
Adult Uses
Adult establishments	Parking demand analysis pursuant to Subsection D
Employment Uses
Office uses	1 per each 300 square feet of GFA
Craftsman industrial	1 per 500 square feet of use area
Infrastructure Uses
Parking as a principal use	1 per parking attendant employee, plus 1 for the employee on the preceding shift
Principal solar energy systems	1 per each service vehicle
Principal wind energy systems (AWES)	1 per each service vehicle
Public utilities	1 per each service vehicle
Transit bus stops	N/A
Transit facilities	Parking demand analysis pursuant to Subsection D
Transportation and utilities	Parking demand analysis pursuant to Subsection D
Wireless communications facilities, small wireless communications inside the public rights-of-way	N/A
Wireless communications facilities, small wireless communications outside the public rights-of-way	N/A
Wireless communications facilities, tower-based	1 per each service vehicle
Industrial Uses
Light industry	1 per each employee on the maximum shift and 1 per each 300 square feet of office area
Airport	1 per 500 square feet of office space use area, plus 1 per private hangar space, 2 per tie-down for based aircraft, 5 per regular commercial flight, and 1 per 1,000 square feet of use area
Brewery, distillery, winery	1 per 1,500 square feet of use area
Heliport	2 per each landing area
Helistop	2 per each landing area
Medical marijuana grower/processor facility	1 per 500 square feet of use area
Outdoor storage yard	1 per 1,500 square feet of use area
Yard waste composting facility	1 per employee, plus 1 per acre
Heavy industry	1 per 1,500 square feet of use area
Automotive dismantler and recycler	1 space per employee, plus 1 space per acre
Junkyards	1 per employee, plus 1 per acre
Meat processing establishment	1 per 1,500 square feet of use area
Mining and mineral extraction	1 per 1,500 square feet of use area
Solid waste disposal facility	1 per employee, plus 1 per acre
Warehouse/distribution	1 per employee on the 2 largest shifts
Accessory Uses
Accessory dwelling unit	2 per unit
Accessory solar energy systems	Equal to the minimum number required for the principal use
Accessory wind energy systems	Equal to the minimum number required for the principal use
Agricultural commercial enterprise	Parking demand analysis pursuant to Subsection D
Agritourism marketing enterprise	Equal to the minimum number required for the principal agricultural operation
Airstrip, heliport/helistop	See airport, heliport, and helistop above.
Carport, portable or temporary	Equal to the minimum number required for the principal use
Drive-through facility	1 per each 50 square feet of GFA accessible to the public, plus vehicle queue area for drive-through facilities
Electric vehicle charging station, Levels 1 and 2	Equal to the minimum number required for the principal use
Electric vehicle charging station, Level 3	1 per charging station
Home occupation	Equal to the minimum number required for the principal residential use
Farm occupation	Equal to the minimum number required for the principal agricultural operation
Keeping of chickens or honeybees	Equal to the minimum number required for the principal use
Keeping of exotic wildlife	Equal to the minimum number required for the principal use
Keeping of livestock	Equal to the minimum number required for the principal use
Manure storage facility	Equal to the minimum number required for the principal use
No-impact home-based business	Equal to the minimum number required for the principal residential use
Outdoor cafe	1 per 100 square feet of outdoor seating area
Temporary Uses
Farmers' market	Parking demand analysis pursuant to Subsection D
Model home and/or subdivision sales office	1 per sales attendant employee, plus 3 for customers
Open air market	None, provided that sufficient area is available to accommodate all employee and customer parking needs on the site, entirely outside of public rights-of-way other than designated parking spaces
Temporary construction site trailer	Equal to the minimum number required for the principal use
Uses Not Provided For
In the case where a use is not provided for in Table 4.07, the Zoning Officer may make a determination on the applicable parking standards based on a comparable use. In the event such determination cannot be made, then the applicant shall be subject to the requirements of § 195-303, Unlisted uses, of this chapter.	In addition to the reasonable standards applied by the Board of Supervisors, the Township shall require a parking demand analysis pursuant to Subsection D to determine the minimum required number of parking spaces.

Computation of required off-street parking spaces.

To ensure that certain developments provide adequate, but not excessive, vehicle parking, the Township requires applicants thereof to submit a written computation of their required off-street parking spaces based on the estimated parking demand of the proposed use(s).

The applicant shall prepare a parking analysis report to propose the number of required off-street parking spaces. The report shall be prepared by a professional engineer and/or a certified planner. The parking analysis report shall contain the following:

Site plan. A site plan containing the following:

Legal property boundary.

Existing and proposed project layout.

All existing and proposed uses and tenant spaces.

All existing and proposed parking spaces.

Analysis of parking demand information from professional literature that is pertinent to the proposed development. Such information may include data or literature from the Urban Land Institute's (ULI) Shared Parking, Third Edition publication and/or the Institute of Transportation Engineers' (ITE) Parking Generation Manual, 5th Edition.

Current parking quantity and parking use data from existing developments that are similar to the proposed development. The information about the existing development and its parking demand shall include enough detail to evaluate similarities and differences between the existing development and the proposed development.

Propose a minimum and maximum parking ratio. For phased projects, and for projects where the tenant mix is unknown or subject to change, the applicant may propose a range (low and high number of parking spaces) for each development phase and both a minimum and maximum number of parking spaces to be provided at build-out of the project.

Peak hours of operation and parking occupancy.

Final number of proposed required parking spaces with justification and summary of findings. (Note: Where the calculation of minimum parking spaces does not result in a whole number, the result shall be rounded up to the next whole number.)

Township approval.

The Township Board of Supervisors, upon recommendation by the Planning Commission and in consultation with the Township Zoning Officer and Township Engineer, shall consider the final parking requirements determination made in the applicant's parking analysis report. Based on the applicant's materials and other data the Township Engineer deems relevant, the Board of Supervisors shall set the requirements for minimum and maximum parking allowed. Conditions of approval may be placed on the decision to ensure compliance with the parking determination.

The applicant may appeal the Township's decision to the Zoning Hearing Board pursuant to § 195-113 of this chapter.

Location and management requirements.

Existing parking. Buildings and uses existing on the effective date of this chapter shall not be subject to the requirements of this article in accordance with the following:

The type or extent of use is not changed; and

Provided that any parking facility now serving such structures or uses shall not in the future be reduced.

Changes in requirements. Whenever there is an alteration of a building or a change or extension of a use which increases the parking requirements, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this article.

Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

Continuing obligation. All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Reasonable precautions are to be taken by the property owner or business owner to assure the availability of required facilities for the employees or other persons who the parking areas are designed to serve. The property owner or business owner shall ensure that the parking area at no time constitutes a nuisance, hazard or unreasonable impediment to traffic.

Drainage, surfacing and maintenance.

The area of parking lots, including driveways, shall be graded, surfaced with 1.5 inches ID-2 wearing course, two inches ID-2 binder course and six inches subbase, at a minimum, where there is no truck traffic and drained in accordance with other applicable codes and ordinances enacted by the Township and approved by the Township Engineer. Pavement sections with higher structural capabilities may be designed as necessary in accordance with Design of Hot Mix Asphalt Pavements for Commercial, Industrial and Residential Areas, National Asphalt Pavement Association, 1991. Alternate pavement sections, including concrete, can be considered if properly designed and then approved by the Township Engineer. Pervious pavement shall be considered as a viable option when approved by the Township Engineer.

Parking areas shall be kept clean and free from rubbish and debris.

In all cases, such drainage, surfacing and maintenance activities and plans shall conform to other applicable Township codes and ordinances.

Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually.

Location of spaces.

Off-street parking spaces for single- and two-family residential uses shall be provided on the same lot.

Parking spaces for multifamily dwelling building(s), commercial, industrial and other nonresidential uses shall be readily accessible to the building(s) served. Such space shall be in the same zoning district as the principal building or use, and conform to the following requirements:

Required parking spaces shall be located within 200 feet of the principal building or use when located on the same side of the street.

Required parking spaces shall be located within 400 feet of the principal building or use when linked to a pedestrian trail or sidewalk when located on the same side of the street.

Fifty percent of the required parking spaces may be located across a minor or local collector street with the following conditions:

[a]

Crosswalks shall be provided in order to ensure safe pedestrian access to and from the parking area.

[b]

Safety lighting shall be provided at the crosswalk to illuminate the cross area when the parking area is used in early morning or at night.

[c]

A pedestrian crossing sign in accordance with PennDOT Publications 68 and 236 shall be provided on each side of the road.

[d]

Parking lots located across a street shall be safe for pedestrian use. To ensure safety, the design of the crosswalk shall consider the speed limit, sight distance, visibility, road conditions and other safety factors. In the event that the crosswalk is deemed to be unsafe, the Zoning Officer shall not permit parking areas across a street.

[e]

In the event that the crosswalk is deemed to be unsafe by the Township Engineer, adjacent development, the change of street classification or other circumstances that shall affect pedestrian safety, the parking lot shall be abandoned.

[f]

The distances specified herein shall be measured from the nearest point of the parking lot to the nearest point of the principal building or use that the parking lot is required to serve.

[g]

The applicant's zoning permit application shall include a legal document approved by the Township Solicitor that subjects such parcels of land to parking uses in connection with the principal use to which it is accessory. The legal document must indicate the parking spaces will be provided perpetually. Prior to the issuance of a zoning permit, the applicant must record such legal documents with the Dauphin County Recorder of Deeds and provide a copy of the recorded documents to the Zoning Officer.

Lighting.

All public parking lots shall be lighted during nighttime and early morning operating hours.

Any lighting used to illuminate off-street parking or loading areas shall be in accordance with § 195-415, Lighting, of this chapter.

Landscaping.

Interior of parking lot.

A minimum of 5% of the interior parking lot area shall be landscaped when:

[a]

There is a total of 40 or more parking spaces in the parking lot; or

[b]

There are one or more interior space aisle(s) provided in the parking lot with 10 or more parking spaces.

The required 5% interior parking lot landscaped area shall be landscaped with shade trees and ground cover. The following alternatives are permitted separately or in combination:

[a]

Provide a continuous landscape strip between every four rows of parking. The landscape strip shall be a minimum of eight feet in width to accommodate shade trees and other landscaping.

[b]

Provide large planting islands (over 600 square feet) to be located throughout the lot and planted with shade trees and ground cover located at the ends of parking rows.

[c]

Provide planting islands at a minimum of nine feet wide between every 10 to 15 spaces to avoid long rows of parked cars.

A minimum of one shade tree shall be required for each eight spaces.

Perimeter of parking lot. Perimeter landscaping located within the ten-foot required parking setback from a building shall be ground cover and shrubs or hedges. Shade trees are not required in the ten-foot setback area.

A minimum of 60% of all landscaping plantings shall be native species.

(10)

Landscaping and screening.

Trees. Table 4.08 specifies the tree planting requirements for parking lots.

Table 4.08 Tree Planting Requirements for Parking Lots
Requirement	Small¹	Medium²	Large²
Interior dimension	5 feet	N/A	N/A
Setback (from trunk perimeter) (feet)	N/A	6³	10³
Area, single tree (square feet)	90	250	800
Area, each additional tree in a group (square feet)	25	90	200

NOTES:
¹	Each small tree shall be located in a planting area of at least 90 square feet (plus 25 square feet for each additional tree in a group) with a minimum interior dimension of five feet.
²	Each medium and large tree shall be located in a planting area or undisturbed area that conforms to the minimum as specified in the chart above.
³	The largest tree in any group shall be considered as the first tree for counting purposes.

Perimeter of parking lot. Perimeter shade trees and ground cover shall be planted within an eight-foot-wide landscape strip around the entire perimeter of the lot, except along the street, to be planted in accordance with § 195-403C(2) of this chapter. A minimum of 60% of the new planted shade trees and ground cover shall be native species. Existing shade trees may be used to meet the perimeter requirement of this section. The eight-foot-wide landscape strip may include a sidewalk or walkway. Perimeter landscaping may be in any required buffer yard. Perimeter landscaping does not constitute screening. (See Figure 4.01.)

Figure 4.01 Tree Planting Requirements for Parking Lots

Contiguous properties. When a parking lot abuts a residential use or residential district, Level 3 screening in accordance with § 195-403D of this chapter shall be provided along the entire property line.

Maintenance. Maintenance of parking lot landscaping shall be in accordance with § 195-403C(8) of this chapter.

Design standards.

The minimum dimensions of parking facilities to be provided shall be as follows:

In all districts, noncompact parking spaces per vehicle shall be not less than nine feet wide and 19 feet long. Accessible parking shall meet the standards specified under the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

Parking space and aisle dimensions shall be not less than those listed in Table 4.09.

Table 4.09 Parking Space and Aisle Dimensions
Angle of Parking	Stall Width (feet)	Stall Depth¹ (feet)	One-Way (feet)	Two-Way (feet)
90°	9	19	25	25
60°	9	19	18.5	20
45°	9	19	13.5	20
30°	9	19	12	20
Parallel	8	22	12	20

NOTE:
¹	Depth of parking space is the measurement from the curb or edge of the parking space toward the interior portion of the space to be occupied by a parked vehicle and not including any part of the aisle or driveway.

All dead-end parking lots shall be designed to provide sufficient backup area for the end parking spaces of the parking area.

Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.

Where more than 10 parking spaces are required, a maximum of 40% of the parking spaces may be provided for compact vehicles. Each compact parking space shall be not less than eight feet wide by 17 feet long. All compact parking spaces shall be located in the same area and be marked to indicate spaces designated for compact parking.

Trucks and trailers.

Where truck parking spaces or trailer parking spaces are provided and/or required, parking space and aisle dimensions shall not be less than listed in Table 4.10.

Table 4.10 Parking Space and Aisle Dimensions
Angle of Parking	Stall Width (feet)	Stall Depth¹ (feet)	One-Way (feet)	Two-Way (feet)
90°	12	60	75	75
60°	12	60	56	60
45°	12	60	41	60
30°	12	60	36	60

NOTE:
¹	Depth of parking space is the measurement from the curb or edge of the parking space toward the interior portion of the space to be occupied by a parked vehicle and not including any part of the aisle or driveway.

Where truck parking spaces or trailer parking spaces are provided and/or required, the minimum width shall be 12 feet and the minimum depth shall be 60 feet. Aisle widths in truck parking areas shall be 75 feet for one-way or two-way.

Setbacks for parking areas shall be provided as follows:

All parking spaces and access drives shall be located at least 10 feet from any multiple-dwelling building, office, commercial, institutional, industrial and other similar nonresidential buildings located on the lot. The ten-foot setback between the parking area and building shall be for the purpose of providing a pedestrian access walkway and perimeter landscaping.

All parking spaces and access drives shall be at least eight feet from any side or rear lot line, except where buffer yards are required, in which case the standards set forth in § 195-403B, shall apply. The required setback shall not include screening.

No off-street parking area shall be located within a public right-of-way.

Separation.

In no case shall parking lots be designed to require or encourage vehicles to back into a public or private street in order to leave the parking areas.

All paved off-street parking spaces shall be marked with paint or other methods so as to indicate their location.

Curbing.

Curbing within a parking lot may be required in a land development if determined necessary by the Township Engineer to:

Channelize and control vehicular movement in a safe manner through the parking area.

Direct stormwater and drainage within the parking lot and to landscaped infiltration areas.

Define parking areas.

Delineate and/or protect perimeter and interior landscaped areas from vehicles.

[5]

Separate vehicle movement from pedestrian movement as necessary for safety.

When required, curbing shall be constructed in accordance with Article VI, § 173-25F(12), of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

Construction specifications for curbing to be installed in parking areas shall be submitted with the land development application.

Where curbs are provided in a parking lot, the minimum curb radii shall be designed for appropriate use as approved by the Township Engineer. (See § 173-25F, Subdivision and Land Development, of the Code of the Township of West Hanover.)

In no case shall parking lots be designed to require or encourage vehicles to back into a public or private street in order to leave the parking areas.

All paved off-street parking spaces shall be marked with paint or other methods so as to indicate their location.

Curb radius. Where curbs are provided in a parking lot, a minimum of a five-foot radius curvature shall be required for all curblines.

Off-street loading and unloading.

Required spaces or berths.

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, to alleviate traffic congestion on streets. These facilities shall be provided whenever:

A new use is established.

The use of a property or building is changed and thereby requiring more loading space.

An existing use is enlarged, thereby requiring an increase in loading space.

Where off-street loading spaces are required, loading spaces or berths shall be provided for standing, loading and unloading operations, either inside or outside a building and on the same or adjoining premises as prescribed in Table 4.11.

Table 4.11 Minimum Required Loading Docks
Use Classification	Requirements
Retail operations and all first-floor nonresidential uses with a GFA of up to 20,000 square feet	1 space
Retail operations and all first-floor nonresidential uses with a GFA of more than 20,000 square feet up to 50,000	1 berth for local delivery trucks
Retail operations and all first-floor nonresidential uses with a GFA of more than 50,000 square feet	1 berth for local delivery trucks; 1 berth for semitrailers
Office buildings and hotels with a GFA of 100,000 square feet or more	1 berth for semitrailers for every 100,000 square feet of GFA
Industrial and wholesale operations
Less than 10,000 square feet	1 space
10,000 to 40,000 square feet	1 berth for semitrailers
40,000 to 100,000 square feet	2 berths for semitrailers
100,000 to 160,000 square feet	3 berths for semitrailers
160,000 to 240,000 square feet	4 berths for semitrailers
240,000 to 320,000 square feet	5 berths for semitrailers
320,000 to 400,000 square feet	6 berths for semitrailers
Each 90,000 above 400,000 square feet	1 additional berth for semitrailers

Site plan. Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a site plan pursuant to § 195-109B of this chapter showing the proposed layout of the loading area. No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

Design requirements. All off-street loading shall be designed and constructed in compliance with Chapter 173, Subdivision and Land Development, Article IV, of the Code of the Township of West Hanover.

Location.

In no case shall the use of a loading space or berth hinder the movement of vehicles and pedestrians over a street, alley or sidewalk.

Maneuvering areas shall not be located to require vehicles to back into an alley or street when unloading materials.

Loading spaces shall not be placed in the front, rear, or side yard minimum setbacks, as defined in the Zoning Ordinance.

Dimensions. Loading spaces shall provide ample maneuvering space for vehicles as follows:

A loading space shall be the width and length of a standard parking space as prescribed in Subsection F(1)(a) above.

Loading berths for local delivery trucks shall have a minimum width of 10 feet, minimum length of 25 feet and a minimum vertical clearance of 16 feet above finished grade.

A loading berth for semitrailers shall have a minimum width of 10 feet, minimum length of 60 feet and a minimum vertical clearance of 16 feet above finished grade.

Off-street parking prohibited. A loading space shall not be considered an off-street parking space, and therefore shall not be considered a credit to the number of required parking spaces as required under Subsection A above.

§ 195-419 Open space development standards.

Purpose. The Comprehensive Plan recognizes that maintaining open spaces and environmentally sensitive areas is important and desirable in preserving the Township's rural character and quality of life. The intent of this article is to provide reasonable standards and procedures for open space development which will improve living, working and natural environments; promote more economical subdivision and land development design; encourage a variety of residential dwelling types; promote ingenuity and originality in total subdivision and site design; protect rural character; maintain property values; and preserve open space. These regulations provide for the Township's administration of preserving natural features and open space.

Applicability. The open space standards of this article shall apply to residential subdivision projects that involve the development of 10 or more dwelling units located in the R-1, R-2, R-3, NMU, and CMU Zoning Districts.

Open space areas defined. Open space required in all subdivisions and land developments shall consist of common open space areas as defined in Article 6 of this chapter.

Open space area determinations. Table 4.12 specifies the minimum percent of open space required by zoning district.

Table 4.12 Open Space and/or Conservation Percentage Requirements
District	Minimum Percent of Open Space
Low-Density Residential (R-1)	35%
Medium-Density Residential (R-2)	25%
Suburban Residential (R-3)	25%
Neighborhood Mixed-Use (NMU)	25% residential use only
Commercial Mixed-Use (CMU)	25% residential use only

Contiguous open space. At least 50% of the required open space shall be contiguous within the development and contiguous with existing open space on adjacent properties where applicable. Such contiguous open space may be bisected by public roadways and sidewalks within the development area. A minimum width of land of 20 feet shall be maintained between areas to be considered contiguous lands and shall not be counted as part of the required 50% contiguous open space area(s).

Modification of minimum lot area and setbacks. The Township may grant a modification of the lot configuration, setbacks, and building separation requirements specified in the R-1, R-2, R-3, NMU, and CMU Zoning Districts to allow the applicant to achieve these open space development standards. In no case shall the modifications exceed 20% of the current required lot width, lot area, and side yard setback standards.

Maximum density. Notwithstanding the modification of requirements specified in Subsection F, the maximum densities specified for the R-1, R-2, R-3, NMU, and CMU Zoning Districts may not be exceeded.

Permitted uses.

The following uses are permitted in open space conservation areas:

Agricultural operation.

Forestry operation.

Nature preserve.

Park, including active recreation (excluding trails for motorized vehicles) and passive recreation, picnic areas, and walking and biking trails.

Public utilities.

The total area occupied by any buildings, structures, supporting facilities, driveways or parking areas related to the uses specified in Subsection H(1) shall not exceed 5% of the open space.

Open space design requirements.

Residential accessory structures, such as but not limited to sheds, garages or any commercial use shall not be permitted in the open space area.

All public open space shall be accessible from a public street or public pedestrian walkway. When applicable, public pedestrian walkways or trails shall be coordinated with the West Hanover Township Ped-Path Plan. The Township may require an easement for a public trail system. The minimum width of the access to the open space shall be 20 feet.

Further subdivision of open space lands for development, or their use for other than the permitted uses listed in Subsection H(1), shall be prohibited.

(Reserved)

(Reserved)

(Reserved)

Open space intended for recreational or public use shall be easily accessible to pedestrians and conform to all state and federal regulations for handicapped accessibility.

Open space may include overhead power line easements or rights-of-way, underground utility transmission lines, pipelines and drainage easements.

When required, pedestrian and bike linkages shall be provided from the development's culs-de-sac bulbs.

Methods of ownership and maintenance. Open space within a development shall be owned, administered and maintained by any of the following methods, either individually or in combination:

Homeowners' association. Land to remain in open space may be conveyed to a community association to be owned by the owners of the lots within the development. Ownership thereof shall pass with conveyance of the lots in perpetuity. A homeowners' association shall be established for the purpose of permanently maintaining all residual, commonly owned open space and recreational facilities. The association shall be formed and operated to include at a minimum the following provisions:

The association shall be formed by the developer and operated with financial subsidization by the developer before the sale of any lots within the development.

The developer shall provide a written description of the association including its bylaws and methods for maintaining the open space.

To ensure that the cost of maintaining the open space is shared equally by all property owners, membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to homeowners shall be described in the bylaws.

The association shall be responsible for maintaining open space and providing insurance coverage, enforceable by liens placed by the association. Maintenance obligations may also be enforced by the Township which may place liens to recover its costs.

Members of the association shall equitably share the costs of maintaining and developing the open space. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities within the open space area (which shall be deposited in a fund reserved for such purposes).

In the event of a proposed transfer of open space area by a homeowners' association, notice of such action shall be given to all property owners within the development.

Associations shall retain or contract adequate personnel to administer common facilities and properly and continually maintain the open space area.

(h)

Associations may lease open space to any other qualified person or corporation for operation and maintenance of such areas, but such a lease agreement shall, at a minimum, provide:

That the residents of the development shall at all times have access to the open space area contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow).

That the open space areas to be leased shall be maintained for the purposes and uses set forth in this article; and upon request copies of such leases shall be provided to the Township.

That the operation of open space facilities may be for the benefit of the residents only or may be open to the residents of the Township, at the election of the developer and/or the association.

Planned communities. Common open space areas and associated facilities within a planned community shall be controlled in conformance with the Uniform Planned Community Act of 1997, as enacted and amended.[1]

Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

Conveyance to private, public or nonprofit conservation organizations or preservation trust. Land to remain in open space may be conveyed to a private, public, or nonprofit conservation organization or preservation trust with the following provisions:

The organization receiving such land shall be acceptable to the Board of Supervisors, and a bona fide conservation organization with perpetual existence.

Ownership of the open space shall pass with conveyance of the lots in perpetuity.

The Township shall have the first and last offer of conveyance of open space.

Transfer of easements to a private conservation organization. With the permission of the Board of Supervisors, an owner may transfer easements to a private, public or nonprofit organization recognized by the Township, among whose purposes it is to conserve open space and/or natural resources, provided that:

The organization is acceptable to the Board and is a bona fide conservation organization with perpetual existence;

The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and

A maintenance agreement acceptable to the Board is entered into by the developer and the organization.

Dedication of easements. The Township may, but shall not be required to, accept easements for public use of any portion or portions of open space, title of which is to remain in ownership by the condominium or homeowners' association, provided that:

Such land is accessible to Township residents;

There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and

A satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association and the Township.

Offer of dedication. The dedication shall take the form of a fee simple ownership. The Township may, but shall not be required to, accept open space areas, provided that:

Such land is accessible to the residents of the Township;

There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance;

The Township agrees to and has access to maintain such lands; and

Where the Township accepts dedication of open space that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall be determined in accordance with Article V, § 173-17A(2) of Chapter 173, Subdivision and Land Development of the Code of the Township of West Hanover.

Private open space conservation easement. (See Exhibit IX, Chapter 173, Subdivision and Land Development Ordinance of the Code of the Township of West Hanover) The property owner may grant to the Township an easement and covenants providing for the maintenance and conservation as open space in accordance with the private open space conservation easement agreement. Under the aforesaid agreement, ownership of the open space areas in the approved development shall remain with property owners of the lots created in perpetuity and shall be established for the purpose of permanently maintaining all residual open space areas. The private open space easement shall be established or revised according to the following:

The developer and the Township shall execute the private open space conservation easement agreement before final approval of a subdivision or land development plan and the sale of any lot within the development. The developer shall prepare all documentation for each lot containing a permanent private open space conservation area. All private open space conservation agreements will be appropriately recorded at the Dauphin County Recorder of Deeds Office at the applicant's cost.

Any costs for maintaining the open space is solely the responsibility for the property owners in the open space development individually in accordance with the provisions of the private open space conservation easement agreement.

The individual lot owners shall be responsible for maintaining open space and providing insurance coverage. The Township may enforce use and maintenance obligations in accordance with the private open space conservation easement agreement.

Transfer of the private open space easement from the Township to another ownership and maintenance arrangement established in this section is permitted in accordance with the private open space conservation easement agreement.

In the event of future subdivision and development of a property with an existing private open space conservation easement, the owner may resubdivide or reconfigure any future development plan for the property in accordance with the zoning district provisions or open space development standards in place at that time. The private open space conservation easement shall be maintained as originally established.

Maintenance standards.

A narrative describing ownership, use and maintenance responsibilities shall be submitted for all common and public improvements, utilities, and open spaces. A maintenance and operations plan shall be submitted detailing the kinds of tasks that will need to be undertaken on a regular basis to control invasive plant species (especially vines) and to promote a varied habitat for plant and animal life, the various responsibilities for those maintenance tasks and the entities that will perform those tasks, both short- and long-term.

Failure to adequately maintain the open space in reasonable order and condition constitutes a violation of this chapter.

When an open space maintenance violation exists, the Township shall notify the owner of such violation and shall require the open space to be maintained within 30 days from the date of notification. Failure to comply with the terms of such notification shall constitute a nuisance and, after the expiration of 30 days from the date of notice, the Township may cause the open space to be maintained and may collect the costs thereof, together with a penalty of 10% of such costs, in the manner provided by the Pennsylvania Second Class Code of the Township of West Hanover for the collection of municipal liens.

§ 195-420 Outdoor display and storage of merchandise.

Outdoor display. The outdoor display of merchandise shall be permitted in the NMU, CMU, CH, I, LIC, and IE Districts only and shall be subject to the following requirements:

Outdoor display of merchandise shall be permitted for retail sales only.

Outdoor display of merchandise shall not be considered outdoor storage. Merchandise shall not be displayed outdoors on a continuous basis. Merchandise displayed for more than 12 consecutive months shall be considered outdoor storage.

No outdoor display of merchandise shall be permitted in the public right-of-way.

Outdoor storage. Outdoor storage of merchandise or stock-in-trade shall be permitted in the NMU, CMU, CH, I, LIC, and IE Districts only and shall meet the following requirements:

Outdoor storage of merchandise or stock-in-trade shall be within a screened fence area with Level 1 screening in accordance with § 195-403D of this chapter.

§ 195-421 Outdoor storage of recreation vehicles.

Within any residential district, or upon any property where the principal use is a residential dwelling, outdoor storage of recreational vehicles, (i.e., boats, travel trailers, trucks and trailers used for transport) shall be permitted subject to the following regulations.

Stored recreational vehicles shall not be connected to water and sewer utilities.

Recreational vehicles shall be stored in a driveway or within the side or rear yards.

All areas used for storing recreational vehicles shall be maintained to keep vegetation properly trimmed and debris or litter properly disposed.

Stored recreational vehicles shall not be used as a dwelling.

Recreational vehicles must be currently registered and inspected.

§ 195-422 Outdoor storage of tires.

The outdoor storage of tires shall be permitted in the CH, LI, and IE Districts only and shall be subject to the following regulations:

Outdoor storage of tires or tire-derived materials shall be within a six-foot solid screened fence with Level 3 screening.

Storage restrictions.

When waste tires or tire-derived materials are stored outdoors, each stockpile:

Shall have a horizontal area not greater than 10,000 square feet.

Shall have a vertical height not greater than eight feet.

Shall be separated from any other waste stockpile by at least 50 feet measured from the base of the stockpile. This area shall be maintained free of waste, equipment, and structures.

No person shall store waste tires or tire-derived materials:

In the 100-year floodplain.

Within 300 feet of a wetland.

Within 300 feet measured horizontally from an occupied dwelling unit.

Within 300 feet of a watercourse.

Within 50 feet of any property line or fence.

Open burning of waste tires or tire-derived materials shall be prohibited.

Outdoor storage of tires or tire-derived materials shall meet all Pennsylvania Department of Environmental Protection regulations for the storage of tires or tire-derived materials.

Outdoor storage of tires or tire-derived materials shall meet the requirements of the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

Conditions conducive to the harboring of vectors (i.e., rats, mosquitoes, etc.) shall be eliminated.

Upon cessation of waste tires or tire-derived materials storage activities, the property owner or occupant shall immediately remove all waste tires, tire-derived materials and residuals from the site, and shall provide for the processing or disposal of such materials or wastes in accordance with the Pennsylvania Department of Environmental Protection regulations.

§ 195-423 Outdoor storage of domestic composting.

The placement of framed enclosure(s) for compost as an accessory residential use is permitted in accordance with the following requirements:

Domestic composting structures shall be subject to all yard requirements for the district in which they are located.

Only waste materials from the residential use shall be deposited in the compost, and in no case shall meat or meat by-products be composted.

All composts shall be properly maintained so as not to become a nuisance to nearby properties.

§ 195-424 Outdoor stockpiling.

In all zones, no outdoor stockpiling of any personal material is permitted in the front yard. In any residential zone, the outdoor stockpiling of personal materials (except firewood) for more than one year, is prohibited.

§ 195-425 Sale of personal vehicles.

In any zone, a landowner may display a maximum of two personal passenger or recreational vehicles titled in the property owner's name for sale at any given time.

Such displays shall be for a maximum of 60 days not more than two times in a calendar year.

Two signs, a maximum of six square feet each, may be displayed per vehicle.

All vehicle sale activities shall be in accordance with applicable state regulations.

§ 195-426 Swimming pools.

Swimming pools shall be a permitted accessory use where specified in the district regulations in accordance with the following requirements:

General regulations.

The swimming pool shall be intended and be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

No swimming pool shall discharge water or be drained into a sanitary sewer system or a storm sewer system.

Location and setbacks.

The swimming pool, or accessory structures adjacent thereto, shall be located 10 feet from adjoining property lines measured from the water's edge.

The swimming pool, or accessory building(s) adjacent thereto, shall be located 10 feet from the principal building.

Swimming pools shall not be located in the front yard.

Enclosure requirements.

A swimming pool capable of containing water 24 inches or more in depth shall be completely surrounded by a fence or wall. The owner is responsible for operating or maintaining the swimming pool and shall assure that all doors or gates in the enclosing fence or wall are closed or securely locked at all times when the pool is not in use by family members, guests or other persons authorized by the person responsible. An enclosing fence or wall shall be not less than four feet in height and shall be so constructed in order to prevent the passage of a sphere four inches in diameter through any opening or under the fence. A dwelling or accessory building may be used as part of such enclosure.

All gates and doors opening through the fence or wall enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or doors securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Latches shall be placed at least four feet above the ground.

Should the wall of the pool be above ground, the height of the required fence may be reduced so that the total height of the wall of the pool and the fence shall be not less than four feet.

Any mechanical equipment, such as pumps, filters or electrical devices, which is part of the swimming pool facility shall be within the enclosure or shall be similarly enclosed so as to forestall persons from gaining entry to the pool by climbing over the equipment.

§ 195-427 Temporary portable storage units and roll-off dumpsters.

It shall be a violation of this chapter for any person or anyone acting as their agent or on their behalf to place or permit the placement of a temporary portable storage unit (hereinafter "unit") or roll-off dumpster (hereinafter "dumpster") on any property which that person owns, rents, occupies or controls without complying with the standards of this article.

Permit required. No person shall place upon, cause to be placed upon, or permit to remain on a property located in the Township a unit or dumpster without first obtaining a zoning permit from the Township. In addition to the permit application requirements, the application shall also include the following information:

The applicant's relationship to the property (owner, renter, occupier, or controller);

Address of the property upon which the unit or dumpster will be located;

Proposed delivery and removal dates of the unit or dumpster;

Any related building permit numbers;

A sketch of the proposed location or placement for the unit or dumpster; and

The name, address and telephone number of the company who owns the unit or dumpster.

Duration.

The unit or dumpster shall be located at the permittee's specified property location address for a maximum of 30 days, including the days of delivery and removal. At the expiration of the thirty-day period, the applicant may seek to extend the permit for an additional 30 days by requesting an extension of cause from the Zoning Officer. No extensions shall be granted in excess of 180 days, including the initial period, except in the event of a catastrophic fire or other event causing substantial damage to the structure.

Construction, renovation, and demolition exception. Notwithstanding the provisions of Subsection C(1), a dumpster shall be permitted for the period that a valid building permit is issued for any construction, reconstruction, alteration, renovation or demolition of a structure on a property located in the Township, upon compliance with all other provisions of this chapter. A valid building permit shall be submitted with the permit application. All units or dumpsters must be removed prior to the occupancy of the building. The Township shall not issue an occupancy permit until all units or dumpsters are removed from the property.

Location. A permit granted under this chapter shall limit placement of a unit or dumpster to a single specified location that is identified in the permit. A unit or dumpster shall be located on a property or a street in accordance with the following criteria:

A unit or dumpster shall not be placed closer than 10 feet from a property line unless placed on an existing impervious driveway.

No unit or dumpster may be placed so as to impede a parking area, loading area, aisle, driveway or cartway.

No dumpster shall be placed within the street right-of-way.

The unit or dumpster shall be placed in the first available location in the following order of priority: rear driveway (furthest point accessible from the street), rear yard, front/side driveway, side yard, front yard, street.

No unit or dumpster shall be placed on or over any curb or sidewalk.

The location of the unit or dumpster shall not impede clear sight lines.

The placement of the unit or dumpster shall not damage any portion of the public street, including the berm or shoulder. Any damage to the street, berm, or shoulder shall be paid for and repaired by the permittee based on the review and approval by the Township Engineer. The permittee shall also be responsible for the cost of the Township Engineer's inspection of the repair.

No unit or dumpster shall be located in a floodplain.

Contents. The contents of a unit or dumpster shall comply with the following criteria:

No unit or dumpster shall contain any illegal or hazardous material, solid waste, or recyclable materials;

A dumpster must be emptied within three days of being filled to capacity;

A unit shall be removed from the property or street within 48 hours of being filled to capacity or filled to a point that no further personal property is to be added to the unit;

No unit or dumpster shall cause any foul, noxious or offensive odor to be emitted; and

At any reasonable time, the Zoning Officer or designated agent may inspect the contents of a unit or dumpster to ensure compliance with this chapter.

Responsibility. It shall remain the permittee's obligation to ensure that a unit or dumpster is secured such that it does not endanger the safety of persons or property in the vicinity. The permittee shall maintain the unit or dumpster in good condition, free from deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, holes and breaks at all times. The permittee is responsible to ensure the presence of reflective materials or illuminating marks on a minimum of four sides of the unit or dumpster. In addition to compliance with this chapter, the permittee shall comply with all other federal, state or local statutes, rules and regulations applicable thereto.

Revocation and removal. All units or dumpsters shall be removed upon expiration of the permit. Any approved permit can be revoked by reason of the permittee's false statement or omission. The Zoning Officer can revoke any permit and/or, without notice, immediately remove the unit or dumpster if the permittee violates this chapter; if the dumpster becomes a safety hazard; or if the unit or dumpster is not removed from the property prior to the expiration of the permit (or by direction of law enforcement officer or Township Public Works Director for safety reasons. The cost of removal by the Township shall be assessed against the property on which the unit or dumpster is located and filed as a lien by the Township. In addition to the powers granted by this chapter, the Township may take such actions as are authorized by the Code of the Township of West Hanover upon the determination that a violation of the Code of the Township of West Hanover has occurred.

Size. A unit or dumpster shall not exceed eight feet six inches in height, 10 feet in width, or 20 feet in length.

Emergency. In the event of high winds, weather conditions, or a natural disaster in which a unit or dumpster may become a physical danger to persons or property, the appropriate Township official or law enforcement officers may require the immediate removal of such unit or dumpster.

Preemption. Notwithstanding any of the provisions of this chapter, if the Commonwealth of Pennsylvania at any time has or places restrictions on roads over which it has jurisdiction that are more restrictive than the requirements of this chapter, then those restrictions shall supersede those of this chapter. If the Commonwealth of Pennsylvania notifies a permittee that they are in violation of a state standard, then such violation shall automatically rescind and void any permits issued under this chapter.

Liability insurance and indemnification. In the event that a unit or dumpster must be placed in the public right-of-way, then the permittee shall maintain and execute the following:

Liability insurance shall be maintained by the permittee in at least the amounts of $300,000 for personal bodily injury or death to any one person, $500,000 for personal bodily injury or death aggregate per single accident or occurrence, $100,000 for property damage per occurrence and $100,000 for property damage aggregate arising out of or in connection with the placement or utilization of the unit or dumpster in the public right-of-way with the Township being named as an additional insured on said policy for said purpose.

The permittee shall execute an indemnity agreement, in a form reasonably acceptable to the Township, promising to indemnify, save harmless and defend the Township, its officials, agents, servants, and employees and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person or any death at any time resulting from such injury or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the placement or utilization of a unit or dumpster within the public right-of-way.

§ 195-428 Trailers used for storage.

Storage within a trailer shall be prohibited within any zoning district.

§ 195-429 Toxic and hazardous substance storage.

Storage of toxic and hazardous substances shall meet the requirements of the Uniform Construction Codes, Chapter 88 of the Code of the Township of West Hanover.

§ 195-430 Transit bus stops.

Transit bus stops, which include both sheltered and nonsheltered infrastructure facilities that provide passengers safe access to both fixed-route and demand responsive public transportation services, shall comply with the requirements of this chapter, as well as the following specific criteria:

Bus stop infrastructure, including ADA loading pads, bus passenger benches, and bus shelters, as well as bus stop location signs and bus stop passenger information signs, shall be permitted by right in all zoning districts, including within public rights-of-way, and shall be considered an accessory use that can stand alone without the accompanying principal use.

Bus stop infrastructure shall be exempt from minimum lot size, open space, yards, and setback requirements of the governing zoning district(s).

The location and design of the bus stop infrastructure shall be reviewed and approved by the applicable transit agency, Township, and in instances where the bus stop is proposed to be located within a state-owned right-of-way, PennDOT Engineering District 8-0. The transit agency shall provide written documentation certifying that a location is an existing or potential future bus stop. Such documentation should include an executed shelter location agreement with the property owner.

Whenever an ADA loading pad, bench for a bus stop, and/or bus shelter is provided, the applicable off-street parking requirements for the lot's principal use may be reduced by one or more vehicular parking space(s) for each bus stop location.

Bus stop location signs and bus stop passenger information signs installed and maintained by the transit agency shall be permitted within the public right-of-way and on private property and shall be exempt from the sign requirements specified under Article 5 of this chapter.

§ 195-431 Trash dumpsters, commercial.

In addition to the other applicable requirements of the Township, commercial trash dumpsters shall be governed by the following provisions:

Setbacks. Trash dumpsters shall be located in accordance with the following setbacks:

Ten feet from any residentially zoned or used property.

Five feet from any nonresidentially zoned or used property.

Twenty feet from any public street.

Twenty-five feet from any residential unit.

Service access.

Placement of trash dumpsters and enclosures shall be planned and constructed in a manner that allows unobstructed access to each trash dumpster and the unobstructed opening of the gates during the disposal process.

Trash dumpsters shall not be located in such a manner that the service vehicle shall block any public street or alley.

When trash dumpsters are to be serviced from an alley, enclosures shall be angled 30° and recessed off the alley approximately six feet. (Recessing the enclosure is necessary so that gates do not open into the alley to obstruct traffic and so that a clear sight triangle can be achieved.)

Screening shall be provided in accordance with § 195-403.

Minimum size.

All trash dumpsters shall be enclosed on three sides by a six-foot-tall enclosure to ensure that the trash area is:

Not visible from the street; and

Not visible from any single- or two-family home within 50 feet.

Each screened enclosure shall provide a minimum ten-foot interior length and width subject to the following requirements:

Each enclosure shall provide a minimum of 12 inches of clear space between each side of the trash dumpster (including lifting flanges) and the adjacent wall surface of that enclosure, or any other trash dumpsters within that same enclosure; and

Commercial trash dumpsters may be sized appropriately based on specific use requirements.

Permitted materials for trash enclosures include materials that provide solid, opaque screening, such as:

Masonry (such as concrete block, brick, or stone);

Chain-link with privacy slats; or

Solid wood (real or composite) or vinyl fencing.

Service gates.

All screened trash dumpster enclosures shall have gates, and their construction shall be of sturdy metal frame and hinges with an opaque facing material consisting of wood or other solid material. Metal or plastic slats inserted in chain-link are permitted and shall be maintained.

Service gates shall incorporate gate stops and latches that are functional in the fully open and closed positions.

Gates that swing out from the container shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so that access and servicing gates function properly and do not sag.

Applicability. This section applies to any and all uses of land or structures, including existing uses and structures, provided that the requirements of this section shall not apply to any dumpster temporarily located on property for the receipt of construction or demolition waste during ongoing construction, renovation, demolition, or similar activities.

§ 195-432 Unenclosed storage.

Recreational vehicles, boats, campers, trailers, and trucks.

Within the C, RA, RR, R-1, I, LIC, and IE Zoning Districts, the unenclosed storage of recreational vehicles, campers, travel trailers, commercial trucks, boats and trailers is permitted.

Within the R-2 and R-3 Zoning Districts, the unenclosed storage of recreational vehicles, campers, travel trailers, commercial trucks, boats, and trailers is permitted only according to the requirements specified below.

Within the NMU and CMU Zoning Districts, the unenclosed storage of recreational vehicles, campers, travel trailers, commercial trucks, boats, and trailers is prohibited.

For purposes of this section, recreational vehicles, campers, travel trailers, boats and trailers are divided into two separate categories, as follows.

Class I vehicles. Those recreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of the residents' recreational vehicle(s) that are no more than 25 feet in length, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle.

Class II vehicles. Those recreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of the residents' recreational vehicle(s) that are more than 25 feet in length, as measured to the vehicle's outermost edges, exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle, or both.

Recreational vehicles or campers with expandable roofs or sides shall be stored in the stowed position. The temporary parking of a Class I or II recreational vehicle or camper in a set-up position for a period not to exceed 72 hours is permitted, so long as the vehicle is set back no less than five feet from the edge of cartway.

Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but shall be measured to the highest point of any flybridge or other boat console.

The storage of Class I vehicles registered to the landowner or tenant of a property shall be permitted on the basis of one vehicle plus one vehicle per 1/2 acre of lot area up to a maximum of three vehicles, so long as each unit is set back no less than a horizontal distance equal to the zone's accessory use setbacks in the side and rear yard, and five feet from the edge of the cartway in the front yard. A paved surface shall be provided for the storage of Class I vehicles in the front yard. All areas used for the storage of Class I vehicles shall be maintained to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels, lubricants, or both, into the ground.

The storage of one Class II vehicle is permitted subject to the following requirements:

Vehicles stored in the side or rear yard shall be set back a horizontal distance equal to the zone's accessory use setbacks.

Vehicles stored in the front yard on a paved or gravel surface shall be permitted, so long as the vehicle is set back no less than five feet from the edge of cartway.

All areas used for the storage of Class II vehicles shall be maintained to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels, lubricants, or both, into the ground.

The storage or parking of one commercial truck upon any residential lot is permitted. For the purpose of this section, commercial trucks shall include those that do not exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited.

§ 195-433 Vehicular access.

Purpose. Whenever motor vehicle access is provided from the street onto the lot, the following regulations shall apply.

Required vehicular access. Every building hereafter erected or moved to a vacant lot which existed at the time of enactment of this chapter shall be on a lot adjacent to a public street right-of-way. The erection of buildings without approved access shall not be permitted. The erection of a principal building on any lot which existed at the time of the enactment of this chapter and does not have frontage on a public right-of-way shall be permitted if the applicant provides proof of access to the property in the form of a legal document recorded with the Dauphin County Recorder of Deeds. If the existing document does not address access rights and maintenance responsibilities between the landowner and affected parties, or if no such document exists, a new document shall be recorded that does address these issues. In addition, the landowner shall enter into a binding legal agreement with the Township prepared by the Township Solicitor outlining the responsibility of each party as it pertains to the private right-of-way.

Access to the lot shall comply with the following requirements as illustrated in Figure 4.02.

Figure 4.02 Motor Vehicle Access to Lots

Not more than two driveways for each 100 feet of frontage on any street or private road are permitted for each lot.

In the RR, RA, R-1, R-2, R-3, NMU, and CMU Districts, single-family attached driveways may abut so long as all other requirements of this section are met.

In the RR, RA, R-1, R-2, R-3, NMU, and CMU Districts, no residential driveway shall be closer to a side property line than three feet except shared driveways permitted by Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover. No portion of a driveway, including radius, may cross an extended side property except for single-family attached driveways.

Each driveway shall be paved between the street and the principal structure upon the lot. Where a residential principal structure upon the lot is more than 50 feet from the street right-of-way line, the length of the paved driveway shall be no less than 50 feet, beginning at the street pavement. The entire radius shall fall within the right-of-way. Driveways located on an unpaved street are exempt from the paving requirement. Where a nonresidential structure is constructed, the length of driveway to be paved shall extend from the street pavement to either the paved parking area or the structure itself if no parking area is provided. Agricultural operations structures are exempt from this requirement.

The minimum and maximum widths for driveways shall conform to the standards in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.

There shall be a minimum 10 feet of tangent distance between the intersecting road radius and the radius of the driveway. The distance from the edge of pavement of the intersecting road to the radius of the driveway shall be a minimum of 20 feet on curbed roads or 30 feet on uncurbed roads. This standard may be increased based on traffic volume, sight distance and other site constraints as recommended by the Township Engineer.

Driveways shall not cross the street right-of-way within five feet of a fire hydrant, catch basin or drain inlet.

Residential driveways shall not cross the street right-of-way within 40 feet of another driveway of the same dwelling unit, except in the case where dual access driveways are deemed necessary by the Township Engineer to permit safe ingress and egress, where these dimensions may be reduced to not less than 12 feet between two access drives.