Township of Lower Providence, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
It is the intent of the Public Facilities and Open Space Overlay District to provide appropriate areas for public and private parks, open space and recreational, municipal and educational uses. Specifically, it is the intent of the district to provide:
A. 
Suitable areas within the Township to accommodate publicly owned and operated buildings and facilities.
B. 
Suitable areas within the Township to accommodate public and private educational facilities.
C. 
Suitable areas within the Township to accommodate public parks, recreation areas and open space in order to meet the open space and recreation needs of the Township.
D. 
Regulatory standards which will ensure the compatibility of adjacent uses and which will preserve and protect environmentally sensitive open space and recreation areas from incompatible development.
E. 
Design and regulatory standards for educational facilities which will ensure the compatibility of adjacent uses.
The Public Facilities and Open Space Overlay District shall be an overlay to the existing or hereafter created underlying districts as shown on the Zoning Map.[1] The following provisions shall also apply to the overlay district:
A. 
The provisions of the Public Facilities and Open Space Overlay District shall serve as a supplement to the underlying district provisions.
B. 
In the case of a conflict between the provisions or requirements of the Public Facilities and Open Space Overlay District and those of any underlying district, the provisions of the Public Facilities and Open Space Overlay District shall apply.
[Amended 4-18-2013 by Ord. No. 612]
C. 
A change in the underlying zoning shall not affect the classification of any land zoned as the Public Facilities and Open Space Overlay District.
D. 
Whenever the Public Facilities and Open Space Overlay District is declared inapplicable to any land by administrative or judicial action or whenever the Township deletes land from the district, the underlying zoning classification for the subject land shall apply.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
The following uses shall be permitted in the Public Facilities and Open Space Overlay District:
A. 
Township buildings and facilities, municipal authority buildings and facilities, library, emergency services station, community center for senior citizens, government office or office of an elected official.
[Amended 4-18-2013 by Ord. No. 612]
B. 
Public lands held for conservation and open space preservation, including open space dedicated to Lower Providence Township or Montgomery County subject to the following additional requirements: Open space activities are limited to uses of a primarily passive or nonintensive nature, including hiking, bicycling, forest preserve, watershed protection area, bridle trails, fishing, picnicking and similar uses.
C. 
Municipal, county, state and federal parks, including, but not limited to, Audubon Wildlife Sanctuary, Evansburg State Park and Valley Forge National Historical Park, subject to the following additional requirements: Parks are limited to uses of a nonintensive nature, including picnic areas, playing fields, hiking, bicycling, fishing, ice skating, overnight camping, wildlife sanctuary, boating, playgrounds and tennis.
D. 
Elementary schools subject to the following additional requirements:
(1) 
The proposed use shall be served by public water and sewer facilities.
(2) 
No outdoor play areas shall be located closer than 75 feet to any property or street line, and outdoor play areas shall be fenced and sufficiently screened to protect the neighborhood from excessive noise and other disturbances. Outdoor play areas include playgrounds and ball fields for group activity.
The following conditional uses are permitted in the Public Facilities and Open Space Overlay District when authorized by the Board of Supervisors pursuant to the procedural requirements set forth in § 143-201 below:
A. 
Concessions on public lands, including refreshment stands, boat rentals, stables for boarding or renting horses and similar activities whenever Township regulations are not preempted by another jurisdiction. Concessions shall be subject to the following additional requirements:
(1) 
Concessions shall be buffered from residential districts or uses and shall not use amplified sound.
(2) 
Concessions shall be located at 500 feet from any residential line.
(3) 
Vehicular traffic through residential neighborhoods shall be avoided to reduce neighborhood traffic hazards.
B. 
All other educational institutions and adjunct dormitories and other uses customarily incidental to an educational institution shall be subject to the following requirements. Correctional or penal institutions, and/or licensed day-care centers shall not be considered as institutions for purposes of this section.
(1) 
The proposed use shall be served by public water and sewer facilities.
(2) 
The proposed use shall have direct access to a feeder or higher classification street according to the adopted ultimate right-of-way map.
(3) 
The proposed site shall not be subject to any hazard or nuisance such as toxic matter, flooding, excessive noise or odor, as determined by the Board of Supervisors.
(4) 
The proposed site shall not require extensive cut or fill on the building site.
(5) 
No outdoor play areas shall be located closer than 75 feet to any property or street line, and outdoor play areas shall be fenced and sufficiently screened to protect the neighborhood from excessive noise and other disturbances. Outdoor play areas include playgrounds and ball fields for group activity.
The dimensional standards for permitted uses and conditional uses shall be in compliance with the following table unless a specific standard is specified elsewhere in this article for the use:
A. 
Minimum lot size: one acre.
[Amended 4-18-2013 by Ord. No. 612]
B. 
Minimum lot width at building setback line: 150 feet.
[Amended 4-18-2013 by Ord. No. 612]
C. 
Minimum street frontage: 100 feet.
D. 
Minimum building setback:
[Amended 4-18-2013 by Ord. No. 612]
(1) 
From ultimate right-of-way line: 40 feet.
(2) 
Side yard: 10 feet minimum, together with a minimum of 60 feet for the aggregate of the two side yards.
(3) 
Rear yard: 50 feet.
E. 
Maximum building height: 35 feet.
F. 
Maximum building coverage: 30%.
G. 
Maximum impervious coverage: 50%.
H. 
Minimum vegetation, trees or landscaping: 30%.
I. 
Minimum distance between buildings: 25 feet.
J. 
Minimum parking area setback:
(1) 
From ultimate right-of-way line: 25 feet.
(2) 
From building: 15 feet.
(3) 
From property lines: 10 feet.
[Amended 4-18-2013 by Ord. No. 612]
The Board of Supervisors shall determine that the following standards are met, in addition to any requirements listed in § 143-200, prior to granting approval of a conditional use application:
A. 
A community impact analysis shall be submitted to the Township containing the following information for review by the Township Planning Commission and the Board of Supervisors:
(1) 
The compatibility of the proposed development with land uses that are adjacent to the site and consistency with the Lower Providence Township Comprehensive Plan.
(2) 
The impact of the proposed development on sensitive natural areas, including floodplains, steep slopes, woodlands, waterways, recreational areas and conservation areas.
(3) 
The impact of the development on public utilities, including sewage disposal, water supply, solid waste disposal, storm drainage and electrical utilities and the provision of police and fire protection.
(4) 
A traffic impact study shall be submitted as required by § 143-203 of this article.
(5) 
Documentation of on-site or off-site improvements proposed to alleviate any projected negative impacts of the development.
B. 
The use shall not generate noise, noxious odors, air pollution or glare or result in pedestrian-vehicular conflict or other safety hazards to people or property. Outdoor recreation facilities shall only be permitted where the noise generated by the use will have a minimal impact on nearby residential uses and where hazards, such as golf balls in flight, are contained on the site to the maximum extent possible.
C. 
Outdoor storage, waste disposal and loading areas shall be screened from streets and adjacent uses to preserve the character of the surrounding area. Such activities shall be located to the rear of structures. The location and design of parking areas shall be in harmony with preserving the general appearance and character of the area.
D. 
Applications for conditional uses shall include, as a minimum, a tentative sketch plan with sufficient data to document compliance with the standards and criteria of this section. The Board of Supervisors may request that the applicant submit additional information to permit the Board to evaluate the impacts of the conditional use.
E. 
The applicant shall demonstrate that appropriate measures can be designed, imposed and enforced which will alleviate any negative impacts projected as a result of the development.
Any use in the Public Facilities and Open Space District shall comply with the development standards below:
A. 
Traffic and access. The applicant shall demonstrate to the Township Engineer and the Board of Supervisors that satisfactory provisions are made to prevent traffic congestion and hazards to the surrounding area. Provisions shall be made for safe and efficient ingress and egress to and from the development. The Board of Supervisors may require a traffic impact study for any use in this district when they determine, after consulting with the Township Engineer, that such a study is necessary to demonstrate the adequacy of the access points and streets for accommodating the traffic generated by the proposed use. Existing residential areas shall not be infringed upon by the significant volumes of traffic from the proposed use.
B. 
Sewer and water. On-lot sanitary systems shall only be permitted for uses under 5,000 square feet of gross floor area if approved by the Board of Supervisors. If the Board of Supervisors approves an on-site system, the sanitary system must also be approved by the Township Sewer Enforcement Office (SEO), the Montgomery County Health Department and the Pennsylvania Department of Environmental Protection (PADEP). If public water is not available and if the demand is in excess of 500 gallons per day, the applicant shall demonstrate to the Board of Supervisors that a well on the site will not adversely affect existing water supply systems in the area.
C. 
Neighborhood impact. The impact of the proposed use on the surrounding properties and neighborhood shall be considered. The use shall not adversely affect the general welfare or orderly development of the general neighborhood in which it is proposed. The scale, form, and appearance of structures and open space should be compatible with the general character of the residential area. The applicant is encouraged to present evidence on the need for the proposed use, including data on the location of other similar uses in the Township and surrounding areas.
A. 
A traffic impact study shall be required for any conditional use and shall be submitted simultaneously with an application for any conditional use.
B. 
A traffic impact study may be required by the Board of Supervisors for other uses in the district when the proposed site is determined to be a congested area by the Board of Supervisors and/or when a traffic impact study is deemed necessary by the Board of Supervisors to evaluate the community impact of any proposed development.
C. 
Whenever a traffic impact study is required, the preliminary plan shall be considered incomplete until the required traffic impact study has been prepared by a professional traffic engineer and submitted to the Township.
D. 
A traffic impact study shall contain the following:
(1) 
A study impact area agreed to by the Township Engineer.
(2) 
An inventory of site conditions which shall include:
(a) 
A sketch plan of the proposed development.
(b) 
Existing average daily traffic (ADT) on roads within the study area. This shall include traffic volumes at peak highway hours and at peak development generated hours.
(c) 
Existing levels of service (A through F) as defined in the Highway Capacity Manual of the Institute of Transportation Engineers on roads and intersections within the study area. The level of service for signalized intersections refers to the average stopped delay per vehicle during a fifteen-minute analysis period.
(d) 
List of pending or proposed development within a reasonable distance of the development and impacted intersections. The Township Engineer shall prepare this list.
(e) 
Other information requested by the Township Engineer.
(3) 
The impact of the proposed development on the area's transportation system, which shall include:
(a) 
The number of trips generated by the proposed development (in and out at peak hours).
(b) 
This distribution of trips for all area roads immediately postdevelopment and the future distribution of traffic five years after development. Note the annual growth rate assumed.
(c) 
The estimated average daily traffic on roads within the study area with the proposed development.
(d) 
The levels of service (A through F) as defined in the Highway Capacity Manual of the Institute of Transportation Engineers after the anticipated development.
(e) 
Documentation of the source(s) of generated traffic estimates (such as the Institute of Transportation Engineers, Trip Generation Report).
(f) 
Evaluation of the adequacy of the development's ingress and egress points.
(4) 
Documentation of improvements proposed to mitigate any projected adverse transportation impacts of the proposed development. This shall include, when warranted, such improvements as road widening, intersection improvements, acceleration/deceleration lanes, traffic control devices, signs or other improvements deemed necessary by the Township Engineer.
All uses within the Public Facilities and Open Space Overlay District shall be landscaped in accordance with the following standards:
A. 
Internal landscaping of all parking areas shall be provided in compliance with the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 123, Subdivision and Development of Land.
B. 
Perimeter landscaping shall be provided along all road rights-of-way and property boundaries, in compliance with the Subdivision and Land Development Ordinance. Existing landscape material may be used to meet these requirements when possible.