A.
Street frontage required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 400 Subdivision and Land Development, excepting however, those principal buildings specifically approved by the Board of Supervisors.
B.
Two or more on a lot. Two or more principal buildings on a lot shall:
(1)
When one or more of the principal buildings contain residential uses, they shall conform to all requirements of this chapter as if each building were on a separate lot, including the minimum lot size.
(2)
When none of the principal buildings contain residential uses, the minimum lot area shall be the sum of the areas required for the individual uses or buildings. Each principal building shall comply with the applicable setbacks; however, the buildings are not required to be located as if each building were on a separate lot.
C.
Multiple occupancy.
(1)
Occupancy of a principal commercial or industrial building by more than one use of similar type is specifically allowed provided that all other requirements of this chapter are satisfied.
(2)
Occupancy of a principal building by more than one use of dissimilar type is only allowed where the provisions of the specific Zoning District permit a multiple-use building and where all other requirements of this chapter are satisfied.
(3)
Each separate use within a principal building shall be required to apply for separate zoning and occupancy permits, through the appropriate required processes.
No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter, except that such standard shall not apply to farm structures, silos, water towers, communication towers, church spires, belfries, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Specific height regulations for principal alternative energy systems are listed under § 450-324B(5) and for accessory alternative energy systems are listed under § 450-327C(2). Notwithstanding the above, any structure or building located within an Airport Zone as defined in Chapter 453, Zoning, Airport, shall conform to the maximum height provisions of that Chapter.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the governing body and all buildings shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
A.
In general. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.
B.
Corner lots.
(1)
Every lot at the corner of two streets shall have, facing each street, a yard equal to the front yard requirement. This shall not apply to existing alleys.
(2)
Of the remaining yards on a corner lot, the Zoning Officer shall determine which are rear and side yards. This determination shall be based upon factors including the location and orientation of the principal structure, the configuration of the lot and the location of vehicular access to the lot.
(3)
The minimum rear yard requirement for a corner lot shall be five feet less than the minimum rear yard requirement listed for the district within which the corner lot is located.
(4)
Where an existing lot of record is changed into a corner lot as a the result of the subdivision or land development of an adjacent tract of land, the front yard requirement shall apply only along the street upon which the lot originally fronted.
C.
Yard requirements of subdivisions located within two or more residential zoning districts.
(1)
When any subdivision of land is located within two or more residential zoning districts, as established by the Official Zoning Map of this chapter, any subdivider thereof shall have the right to request from the governing body permission to have the said subdivision, in its entirety regulated as to side, rear and front yard requirements of any one of the residential zoning districts within which the said subdivision is located.
(2)
Any such request shall be submitted to the governing body in writing. The acceptance or rejection of the said request by the governing body, after receiving the written comments of the Planning Commission of the Township concerning the said request, shall be forwarded, in writing, to the subdivider.
(3)
The governing body shall have the right to impose reasonable conditions and safeguards in granting any such request as deemed necessary by the governing body to implement this chapter, including any amendments thereto.
D.
Lot area and lot width for lots not served with public water and/or sanitary sewers. Where a lot is not served by a public water supply and/or sanitary sewerage system and Chapter 400, Subdivision and Land Development, or other State or local ordinance in force required higher standard for lot area or lot width than this chapter, the more restricted regulations of such other ordinance or regulation shall apply
E.
Yard exceptions.
(1)
When an unimproved lot that is not a corner lot is situated between two improved lots with front yard dimensions less than those required for the district, the front yard required may be a depth equal to the average of the two adjoining lots.
(2)
Where a principal structure, which is located on a through lot abutting an arterial or collector street, fronts on a parallel street that is not an arterial or collector and gains vehicular access from such street, the yard abutting the arterial or collector street shall be considered a rear yard. Such lot shall contain a twenty-foot wide buffer yard, including planting screen, in accordance with the provisions of § 450-405I. Where a lot exists at the time of adoption of this chapter and contains no such buffer yard, a planting screen shall not be required, but any principal or accessory structure shall be located as though such buffer yard existed.
(3)
Two-family semidetached dwellings and single-family attached dwellings shall have no side yard requirement along the common lot lines upon which the vertical walls separating dwelling units are located. All walls constructed along the common lot line shall be fire walls unless they are located a minimum of four feet from the common lot line. All applicable building code provisions pertaining to common lot lines shall apply.
F.
Projections into required yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard requirements or building coverage.
(1)
Terraces, patios, decks or porches, whether roofed or not, but not otherwise enclosed by one or more doors, windows, screens, walls and/or siding of any kind, size or dimension provided that such terraces, patios, decks or porches shall not project into the required side yard and/or yards, nor shall the same project more than five feet into the required front yard and/or yards, nor shall the same project into the required rear yard more than 1/3 of the required rear yard. Unless otherwise permitted under § 450-405F(1)(a) below, no such projection shall be permitted within four feet of any required side lot lines. An at-grade terrace, patio, or similar hardscape surface less than 12 inches to final grade shall only be required to meet the setbacks specified in § 450-327C(1)(f)[1] for accessory structures.
(a)
In the case of a two-family semidetached dwelling or a single-family attached dwelling, terraces, patios, decks or porches may be located closer than four feet to an internal side lot line when the applicant has demonstrated to the Township's satisfaction the right to encroach upon the adjoining property in order to construct and maintain such terraces, patios, decks or porches. Any agreements, easements or similar documents granting such rights shall "run with the land" and be recorded in the office of the Berks County Recorder of Deeds.
(b)
Projected architectural features. Bay windows, cornices, eaves, fireplaces, chimneys, windowsills or other architectural features, provided that any single feature does not exceed five square feet in external area.
(c)
Lampposts, walkways, driveways, retaining walls and steps shall be permitted within any required yard.
(d)
Uncovered stairs, landings, and handicap ramps, provided such stairs, landings or ramps do not exceed three feet six inches in height.
(e)
Open balconies provided such balconies are not supported on the ground and do not project more the five feet into any required yard nor closer than three feet to any adjacent lot lines.
G.
Exceptions to minimum lot areas and lot widths.
(2)
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the minimum required front yard, provided that in no case shall the lot frontage measure at the street right-of-way line be less than 50% of the minimum lot width (see Sketch A).
 |
H.
Traffic visibility across corners.
(1)
Sightlines at intersection of streets.
(a)
A triangular area as defined in § 450-405H(1)(c) of this chapter shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center line grades of the intersecting streets is not obscured.
(b)
By means of deed restriction, lease restriction or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center line grades of the intersecting streets within the triangular area defined in § 450-405H(1)(c) of this chapter.
(c)
Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points, one which is at each end of the center line of each street:
[1]
One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street;
[2]
One hundred feet from the intersection of such street center lines if either street is a collector street;
[3]
Seventy-five feet from the intersection of such street center lines, if both streets are local streets.
 |
(2)
Sightlines at intersections of driveways or accessways with streets.
(a)
A triangular area as defined in § 450-405H(1)(c) of this chapter shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center line grades of the intersecting driveway, accessway or streets is not obscured.
(b)
By means of deed restriction, lease restriction or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two feet to 10 feet above the center line grades of the intersecting driveway, accessway or streets within the triangular area defined in § 450-405H(2)(c) of this chapter.
(c)
Such triangular area shall be bounded by the intersecting driveway, accessway or street center lines and a diagonal connecting two points, one which is at each end of the center line of each driveway, accessway or street 30 feet from the intersection of such center lines.
 |
I.
Buffer yards. Any nonresidential use which directly abuts any existing residential use shall provide buffer yards. Where specified elsewhere in this chapter, certain nonresidential uses which directly abut a residential district shall also provide buffer yards. Such buffer yards shall comply with the following standards:
(1)
Size, location.
(a)
A twenty-foot buffer yard shall be required, unless otherwise indicated in this chapter.
(b)
Where a buffer yard is required along a property or lot line, it shall be measured from said property or lot line. Where a buffer yard is required along a district boundary line, it shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(c)
The buffer yard may include land within a required front, side or rear yard, provided the larger yard requirement shall apply in case of conflict.
(2)
Characteristics.
(a)
The buffer yard shall be a continuous, pervious, landscaped area consisting of trees, shrubs, grass or ground cover.
(b)
All buffer yards shall be free of structures (other than fences serving as screens), manufacturing or processing activities, sewage systems, parking areas or storage of materials.
(c)
No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(d)
Maintenance. In all buffer yards, all areas not covered by trees or bushes shall be maintained with an all-season groundcover, such as grass. All grass shall be regularly mowed, with a height not to exceed 10 inches. The buffer yard shall be kept free of debris or rubbish.
(3)
Planting screen or fence.
(a)
Each buffer yard shall include a planting screen or a fence extending the full length of the buffer yard to serve as a barrier to visibility, airborne particles, glare and noise. Such planting screen shall consist of trees, shrubs and/or other plant materials.
(b)
Each planting screen shall be in accordance with the following requirements:
[1]
The amount and type of plant material required shall be determined by the intensity of the proposed land use.
[2]
Plant materials used in the planting screen shall be of such species and size as will produce, with three years, a year-round visual screen of at least eight feet in height.
[3]
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one year.
[4]
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(c)
In circumstances where it is impractical for a planting screen to meet all the requirements of this section or would create an undue hardship, the Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
(d)
A fence, when erected as a screen, shall be not less than eight feet in height and shall be placed no closer than three feet from any street or property line. In all other respects such fence shall comply with the provisions of § 450-327.
(e)
A planting screen or fence shall have openings or breaks only at points of vehicular or pedestrian access.
(f)
Planting screens shall be of the following intensities based upon the proposed land use:
Proposed Land Use | Intensity of Planting Screen Required* |
|---|---|
Recreational | Low |
Office/Institutional | Medium |
Multifamily Residential | Medium |
Commercial/Industrial | High |
Mobile Home Parks | High |
* | Where it is determined by the Township that certain aspects of a proposed use should be provided with a planting screen of greater intensity than herein specified, such a screen shall be provided to the extent necessary to screen the particular aspect from the adjoining property. |
(g)
For every 50 linear feet of buffer yard, the following minimum quantities and types of plant materials shall be required within the planting screen:
[1]
Low Intensity: one canopy tree and two ornamental trees. One evergreen may be substituted for one of the required ornamental trees.
[2]
Medium Intensity: one canopy tree, two evergreen trees, and five shrubs.
[3]
High Intensity: an average of one evergreen tree placed for each eight linear feet of buffer yard, with the trees staggered so that the trunk of each tree is at least 12 feet diagonally away from each other tree trunk. In addition, an average of two ornamental trees and one canopy tree shall be provided. Alternative plantings that would create a complete, year round visual screen may be permitted.
[4]
Planting screens may be combined with an earthen berm. The majority of the plantings shall be placed on the outside slope of the berm. Any planting placed at the top of the berm must be demonstrated to receive adequate moisture.
(h)
The required plant materials shall be distributed over the length and width of the buffer yard. Plantings may be arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. Informal groupings that reflect the natural character of the area are encouraged.
(i)
Where an applicant proposes that existing vegetation serve as the required planting screen, the buffer yard shall be a minimum of 50 in width and, if high intensity planting screens are required, the applicant must demonstrate that the existing vegetation would create, and would be maintained as, a complete, year-round visual screen.
(j)
A variety of plant species is required as follows:
Number of Trees | Min. Number of Tree Species | Max. Percentage of Any One Species |
|---|---|---|
0 to 5 | 1 | 100 |
6 to 15 | 2 | 60 |
16 to 30 | 3 | 40 |
31 to 50 | 4 | 30 |
51 and over | 6 | 20 |
(k)
Existing topographic conditions such as embankments and berms may be incorporated into the required buffer yards.
A.
Purpose. Minimum ultimate right-of-way widths are established for streets where the existing right-of-way is less than that indicated in § 450-406C for the particular class of street.
B.
Measurement.
(1)
The ultimate right-of-way shall be measured from the center line of the existing streets, with 1/2 of the total width provided on each side of the center line.
(2)
All front yards and other appropriate yards shall be measured from the ultimate right-of-way line, unless otherwise specifically stated.
(3)
The specific classification of each road is shown on the official street classification map which is hereby incorporated into and made a part of this chapter.
C.
Minimum widths. Minimum ultimate rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way |
|---|---|
Expressway | 120 feet |
Arterial Street | 80 feet |
Collector Street | 60 feet |
Local Street | 53 feet* |
(Greater width may be required in accordance with use intended) |
* | unless otherwise specified on the street classification map. |
D.
Newly created streets. For any newly built street, the Township Engineer shall designate the functional classification of the street. These functions should then periodically be added to the official street classification map. The Township Engineer shall base such classification on the function the street is expected to serve in the long-term development of the Township.
In order to encourage the sound development of frontage along arterial and collector streets (as defined on the official street classification map) and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-street parking and loading. All area for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall comply with all requirements of Article VII.
B.
Access. Access drives, driveways and accessways shall be in accordance with the provisions of § 450-704.
C.
Large developments. In the case of any development intended to involve more than five commercial or industrial buildings or lots, or more than 10 acres of commercial, industrial, garden apartment or townhouse uses, each principal building shall front upon a marginal access street service road, common parking lot or similar area and not directly upon a public street, unless the Board of Supervisors determines that strict compliance would not be possible because of the peculiar characteristics of the site and the uses.
D.
Vehicular access onto arterial or collector streets. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged. Where possible, lots that abut arterial or collector streets shall be configured as through lots, where vehicular access is obtained from a parallel street that is not an arterial or collector. See the section of the Township Subdivision and Land Development Ordinance (Chapter 400) on "Restriction of Access."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Statement of intent.
(1)
Within the zoning districts established by this chapter or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated or restricted under the terms of this chapter or subsequent amendments thereto.
(2)
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been diligently carried on.
B.
Nonconforming lots of record.
(1)
Structures and customary accessory buildings may be erected in any district on any lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board.
(2)
If two or more lots, combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. This section shall not apply for a period of five years to an approved subdivision or development plan, whether preliminary or final.
C.
Nonconforming uses of land. Lawful uses of land, which at the effective date of this chapter or as a result of subsequent amendments thereto become nonconforming and where such use involves no individual structure or building with a replacement cost exceeding $1,000 may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions:
(1)
Extension. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was owned or leased by the user at the effective date of adoption of such amendment of this chapter.
(2)
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be reestablished unless a Certificate of Intention as per § 450-408I has been filed. Any future use shall be in conformity with the provisions of this chapter.
(3)
Changes or moving of use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by special exception, be changed to another nonconforming use provided that the Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.
(4)
Additional structures or buildings. No additional structures or buildings not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
D.
Nonconforming structures or buildings. Structures or buildings which at the effective date of this chapter or subsequent amendments thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, location on the lot or other requirements concerning the building or structure, may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
(1)
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease it nonconformity.
(2)
Damage or destruction. A nonconforming structure which is destroyed or partially destroyed by fire, explosion or by any means to an extent of 75% or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status, but shall be reconstructed and used only in conformity with the provisions of this chapter.
(3)
Moving of structure or building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
E.
Nonconforming uses of structures or buildings. Lawful uses of structures or buildings which at the effective date of this chapter or as a result of subsequent amendments thereto become nonconforming, may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions:
(1)
Extension. A nonconforming use may be extended throughout any part of an existing structure or building or a new extension may be constructed, provided that any structural alterations, extensions or additions shall comply with all provisions of this chapter with respect to height, area, width, yard and coverage requirements for the Zoning District in which the structure or building is located. However, such extension of a nonconforming use shall not exceed 50% of the gross floor area occupied by said nonconforming use at the time such nonconforming use became nonconforming.
(2)
Change of use. A nonconforming use of a structure or building, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use of a structure or building may, by special exception, be changed to another nonconforming use provided that the Board shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.
(3)
Discontinuance. Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for 18 consecutive months, such structure or building or portion thereof shall not thereafter be reestablished unless a Certificate of Intention as per § 450-408I has been filed. Any future use shall be in conformity with the provisions of this chapter.
(4)
Destruction. Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use of the land upon which the structure or building was erected for a nonconforming use. Destruction for the purpose of this subsection is defined as damage to an extent of 75% or more of the market value of the structure or building immediately prior to such damage or destruction. However, if construction begins within 12 months after destruction or partial destruction is begun, the same nonconforming use may be reestablished. The Board may, by special exception, authorize another equally appropriate or more appropriate use to be reestablished.
F.
Unsafe or unlawful structures or buildings. If a nonconforming structure or building or portions thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Board of Supervisors, upon the advice of the Township codes enforcement staff or the Township Engineer, to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zoning district in which it is located.
G.
Permitted special exception uses not nonconforming uses. Any use which is permitted as a special exception in a zoning district under the terms of this chapter (other than a change through Board action from one nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such Zoning District, but shall without further action be considered a conforming use.
H.
Registration of nonconforming uses and structures or buildings. To facilitate the administration of this chapter, it shall be the duty of the Zoning Officer to prepare and maintain an accurate listing of all nonconforming uses, structures and buildings. Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said property and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
I.
Certificate of Intention.
(1)
A Certificate of Intention shall be required in all instances where a nonconforming use of land or nonconforming use of a structure or building, is discontinued if the owner or operator of such uses desires to maintain such a nonconforming use.
(2)
The Zoning Officer shall maintain proper forms for the registration of any Certificate of Intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer. The filing of such form shall be considered a ministerial duty of the Zoning Officer, who shall not refuse to accept the completed form.
(3)
The Zoning Officer shall maintain a separate file for all Certificates of Intention.
(4)
Each Certificate of Intention shall be valid for three years.
A.
Scope.
(1)
Before a zoning permit is issued for any use designated in the regulations of a district in Article III as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce and implement the purposes, intent and requirements of this chapter.
(2)
Any proposed development which constitutes a "land development" (as defined in the Chapter 400, Subdivision and Land Development) shall not be required to separately follow the procedures of this section. The sketch or preliminary plan shall, however, be submitted to the Zoning Officer to determine compliance with this chapter.
B.
Procedure.
(1)
When the applicant applies to the Zoning Officer for a zoning permit, the applicant shall submit the required number of sets of site plans (contact the Township Zoning Officer for the required number).
(a)
No zoning permit shall be granted until after the Planning Commission submits its recommendation to the Zoning Officer or after 45 days of the date the site plans were submitted.
(b)
Site plan approval shall not relieve the applicant from any other provisions of this chapter nor constitute a recommendation for a variance or other relief that the applicant may seek from the Board.
(2)
The Zoning Officer shall forward two copies of the site plan to the Planning Commission within seven days of the date of official plan submission. The Zoning Officer shall retain one copy of the site plan for review.
(3)
The Planning Commission shall make a written recommendation to the Zoning Officer within 45 days of the date the plan was submitted on whether the site plan indicates that a zoning permit should be granted or denied. The written recommendation shall include the underlying findings and reasons affecting the recommendation. Failure to make a written recommendation within such 45 days shall be considered a recommendation to issue such zoning permit.
(4)
The Zoning Officer shall review the site plan and the Planning Commission's recommendations and issue or deny the zoning permit within 60 days after the site plan was officially submitted.
(a)
The decision of the Zoning Officer shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than the day following the decision.
(b)
The decision shall indicate the specific provisions of this chapter and other laws which have not been met and the specific reasons therefore.
C.
Site plan requirements. The following information may be required by the Zoning Officer or Planning Commission and shall be included on the site plan:
(1)
A statement describing the proposed use.
(2)
Site layout.
(a)
A site layout showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(b)
Scale of plan. The site layout shall be drawn to a scale of one inch equals 50 feet for sites less than 50 acres, one inch equals 100 feet for sites of between 50 and 99 acres and one inch equals 200 feet for sites of 100 acres or greater.
(3)
The location, dimensions (numbers shown) and arrangements of all open spaces and yards, landscaping, fences and buffer yards including methods and materials to be employed for screening.
(4)
The location, size (numbers shown), arrangements and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
(5)
The dimensions (numbers shown), location and methods of illumination for signs and exterior lighting.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(12)
All proposed site grading and drainage provisions and proposals.
(13)
A key map showing the entire project and its relation to surrounding properties and existing building thereon.
(14)
Zoning districts and requirements.
(15)
Soil and slope delineations and Identified Floodplain Areas.
(16)
Name of the person who prepared the site plan. (The Zoning Officer or Planning Commission may require the site plant be prepared by Pennsylvania State registered engineer or land surveyor.)
(17)
Certification of ownership and acknowledgement, of plan signed by owner or developer.
D.
Traffic impact study. When a traffic impact study is required under §§ 450-325 or 450-326 as part of a special exception use or conditional use application, it shall be submitted with the required site plan and shall comply with the following requirements.
(1)
The Traffic Impact Study shall be prepared by a qualified professional traffic engineer with verified experience in preparing such studies.
(2)
The area for the traffic study shall be based on sound engineering judgment and an understanding of existing traffic conditions at the site as well as the area which is likely to be affected by the development. The study limits shall be determined by the Township.
(3)
The Traffic Impact Study shall contain the following:
(a)
The study area boundary and identification of the roadways included within the study area.
(b)
A general site description, including:
[1]
Size and location of existing and proposed land uses and dwelling types.
[2]
Construction staging, and completion date of the proposed development.
[3]
Existing land uses, approved and recorded subdivision and land developments and subdivisions and land developments proposed but not yet approved and recorded in the study area that are determined by the Township as having bearing on the development's likely impact.
[4]
Within the study area, the applicant must describe existing roadways and intersections (geometries and traffic signal control) as well as improvements contemplated by government agencies or private parties.
(c)
Analysis of existing conditions, including:
[1]
Daily and peak hour(s) traffic volumes. Schematic diagrams depicting daily and peak hour(s) traffic volumes shall be presented for roadways within the study area. Turning movement and mainline volumes shall be presented for the three peak hour conditions (a.m., p.m. and site generated) while only mainline volumes are required to reflect daily traffic volumes. The source and/or method of computation for all traffic volumes shall be included.
[2]
Volume/capacity analyses at critical points utilizing techniques described in derivative Highway Capacity Manual, latest edition or derivative nomographs, an assessment of the relative balance between roadway volumes and capacity are to be described. The analysis shall be performed for existing conditions (roadway geometry and traffic signal control) for the appropriate peak hours.
[3]
Level of service at critical points. Based on the results obtained in the previous section, levels of service (A through F) shall be computed and presented for all movements. Included in this section shall also be a description of typical operating conditions at each level of service.
[4]
A tabulation of accident locations during the most recent three-year period shall be provided.
(d)
Analysis of future conditions without the proposed development. The future year(s) for which projections are made will be specified by the Township and will be dependent on the timing of the proposed development. The following information shall be included:
[1]
Daily and peak hour(s) traffic volumes. This section shall clearly indicate the method and assumptions used to forecast future traffic volumes. The schematic diagrams depicting future traffic volumes shall be similar to those described in § 450-409D(3)(c)[1] in terms of location and times (daily and peak hours).
[2]
Volume/capacity analyses at critical locations. The ability of the existing roadway system to accommodate future traffic (without site development) shall be described in this section. If roadway improvements or modifications are committed for implementation, the volume/capacity analysis shall be presented for these conditions.
In the case of existing signalized intersections, Traffic signal timing shall be optimized to determine the best possible levels of service that can be obtained utilizing existing roadway geometry and traffic signal equipment. |
[3]
Levels of service at critical points. Based on the results obtained in the previous section, Levels of Service (A through F) shall be determined.
(e)
Trip generation. The amount of traffic generated by the development shall be presented in this section for daily and the three peak hour conditions. The trip generation rates used in this phase of the analysis shall be justified and documented to the satisfaction of the Township. Trip Generation (latest edition) published by the Institute of Transportation Engineers shall be used unless the Township approves other studies.
(f)
Trip distribution. The direction of approach for site generated traffic shall be presented in this section for the appropriate time periods. As with all technical analysis steps, the basic method and assumptions used in this work shall be clearly stated in order that the Township can replicate these results.
(g)
Traffic assignment. This section shall describe the utilization of study area roadways by site generated traffic. The proposed traffic volumes shall then be combined with anticipated traffic volumes from § 450-409D(3)(d) to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposes.
(h)
Analysis of future conditions with development. This section shall describe the adequacy of the roadway system to accommodate future traffic with development of the site. Any unique characteristics of the site or within the study area (e.g., weekend tourists, antique sales, or holiday shopping) affecting traffic shall be considered. If staging of the proposed development is anticipated, analysis for each stage of completion shall be made. The following information shall be included:
[1]
Daily and peak hour(s) traffic volumes, mainline and turning movement volumes shall be presented for the highway network in the study area as well as driveways and internal circulation roadways for the appropriate time periods.
[2]
Volume/capacity analysis at critical points. Similar to § 450-409D(3)(c)[2] and (d)[2], a volume/capacity analysis shall be performed for the appropriate peak hours for future conditions with the site developed as proposed.
[3]
Levels of service at critical points. As a result of the volume/capacity analysis, the level of service on the study area roadway system shall be computed and described in this section for all movements.
(i)
Recommended improvements. In the event that the analysis indicates a decrease in the level of service for all movements will occur on study area roadways, a description of proposed improvements to remedy deficiencies shall be included in this section. These proposals would not include committed projects by the Township and State which were described in § 450-409D(3)(b)[3] and reflected in the analysis contained in § 450-409D(3)(c) and (d).
[1]
Proposed recommended improvements. This section shall describe the location, nature and extent of proposed improvements to assure sufficient roadway capacity. Accompanying this list of improvements shall be preliminary cost estimates.
[2]
Volume/capacity/analysis at critical points. An iteration of the volume/capacity analysis shall be described which demonstrates the anticipated results of making these improvements.
[3]
Levels of service at critical points. As a result of the revised volume/capacity analysis presented in the previous subsection, levels of service for the highway system with improvements shall be presented.
(j)
Conclusion. The last section of the report shall be a clear, concise description of the study findings.
E.
Site design guidelines. The following guidelines are divided into eight categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission and the Zoning Officer in their reviews of all site plans. These guidelines are meant to encourage creativity, innovation and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs and other site features.
(1)
Relation of proposed building to the surrounding environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
(2)
Drive, parking and circulation. For vehicular and pedestrian circulation (including walkways, interior drives and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.
(3)
Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement.
(4)
Utility service. Place electric and telephone lines underground, where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain aboveground will have a minimal adverse impact on neighboring properties.
(5)
Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
(6)
Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(7)
Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
(8)
Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to prepare solar access of adjoining properties.
No structure shall be constructed, erected, relocated to or placed within an existing easement or right-of-way without the written permission of the person, party or entity to which the easement or right-of-way benefits.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Purpose. This section regulating the demolition and use of historic buildings is intended to:
(1)
Promote the retention of community character through preservation of the local heritage by recognition and protection of historical and architectural resources;
(2)
Establish a clear process to review and approve demolition of designated historical buildings;
(3)
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings; and
(4)
Regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value.
B.
Applicability. This section shall apply to any building eligible for the National Register of Historic Places, identified by the Berks County Conservancy or identified by the Pennsylvania Historical and Museum Commission.
C.
Delay of demolition of historic buildings. A principal building regulated by this section shall not be partially or entirely demolished unless a minimum of 60 days has passed from the date that a valid permit application has been duly submitted to the Zoning Officer for the demolition. After such time period, the permit may be issued by the Zoning Officer for the demolition if all requirements of Township Ordinances have been met. The intent of this delay is to provide:
(1)
A mechanism to discourage thoughtless and unnecessary destruction of valuable historic resources;
(2)
A mechanism that allows interested parties an opportunity to encourage a property owner to consider alternatives to demolition; and
(3)
Opportunities for historic resources to be documented before they may be demolished, and to permit the salvage of historic features before demolition.
D.
Partial demolition. For purposes of this section, partial demolition shall include, but not be limited to, removal of a porch or a wing of a building.
E.
Municipal review. The Township Planning Commission and Board of Supervisors shall receive a copy of application for demolition of a building regulated by this section and shall have 30 days to review and make comments.
F.
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with the 60 day delay if the Township Building Code Official certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
G.
Exceptions. The delay of demolition required by this section shall not be applicable to the following:
(1)
Demolition of accessory structures that are not attached to the principal building.
(2)
Interior renovations or removal of features that do not harm the structurally stability of the building and that are not visible from a public street.
(3)
Removal of features that were added within the last 80 years.
(4)
Relocation of a building, provided that it does not result in a partial or complete demolition as regulated in this section.
H.
Modification to lot area and yard regulations. As a special exception, the Board may modify a specific yard, lot coverage or lot area requirement if the applicant proves to the satisfaction of the Board that such modification is necessary to allow a reasonable use of a building regulated by this section.
I.
Demolition by neglect.
(1)
Every owner of a building regulated by this section shall repair and maintain the building to avoid demolition by neglect. This shall include maintaining the structural integrity of the building and protecting the building and attached features from damage from the elements. These attached features include the roof, chimney, cornice, soffit, fascia, spouting, columns, beams, posts, window sills, door sills and lintels.
(2)
If a property owner fails to comply with an order from the Building Code Official to repair a building regulated by this section to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this section and the property owner may also be cited for a violation of this chapter.
J.
Additional uses within rehabilitated historic buildings.
(1)
A rehabilitated building regulated under this section may be used for any principal use and its accessory uses as permitted in the zoning district within which it is located, and in accordance with all relevant provisions of this chapter.
(2)
Each of the following additional principal uses and their accessory uses may be permitted within a rehabilitated building regulated under this section as a special exception use by the Board in accordance with the standards contained in § 450-325 of this chapter.
(3)
To be eligible for the above uses, the applicant shall prove to the Board's satisfaction that the exterior of the building as visible from public streets shall be historically rehabilitated in accordance with accepted standards and practices.
(4)
The building shall not be expanded by more than 20% of its floor area for a use permitted under this section. This limitation on building expansion shall not apply if the proposed use is allowed in the zoning district without applying the provisions of this section.
(5)
All above uses shall be in accordance with the relevant provision listed in this chapter for that use, including the off-street parking provisions.