Township of New Garden, PA
Chester County
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Table of Contents
Table of Contents
[Amended 8-13-2001 by Ord. No. 142]
A. 
The standards set forth in this article shall apply to uses where required by regulations of the various zoning districts.
B. 
For any land development (as defined in the Township Subdivision Land and Development Ordinance[1]) which contemplates connection with public sewer facilities, the following requirements shall be met:
(1) 
At the time of submission of a preliminary plan, the applicant must demonstrate that it has secured reservations of sewer capacity from the New Garden Township Sewer Authority as will be required for the land development;
(2) 
The applicant must demonstrate that it has fully complied with the requirements of the New Garden Township Sewer Authority, and all other applicable agencies in reference to the proposed land development.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
A. 
Purpose. Screening shall be required in certain circumstances to reduce possible light, sound, and visual intrusions caused by some permitted uses that would otherwise impact upon neighboring properties.
B. 
Applicability. Vegetative screens shall be required by the Board of Supervisors under the following circumstances:
(1) 
Where a proposed industrial or commercial use abuts an existing residential or agricultural use or district.
(2) 
Where an activity has been granted as a conditional use.
(3) 
Where an activity has been granted as a special exception.
(4) 
Where an outdoor storage activity or mechanical equipment area is proposed.
(5) 
Where specified by other sections of this chapter.
(6) 
The Board of Supervisors may further determine that screening shall be required for a proposed use when the proposed use is determined to be incompatible with uses on adjacent tracts. The following situations may create incompatibility between uses:
(a) 
The density of the proposed use is greater than that of adjacent uses.
(b) 
The proposed use involves outdoor activities beyond normal parking and loading.
(c) 
Traffic volumes, noise generation, the use of lighting, or other factors make the proposed use more intensive then adjacent uses.
C. 
Design criteria. Vegetative screening shall use native, noninvasive species in order to fulfill its purpose according to the following design criteria:
(1) 
Include a variety of deciduous and evergreen species which are indigenous to the area, so as to provide vegetative variety and a year-round buffer.
(2) 
The species to be used shall be selected from those identified in Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
(3) 
Vegetative screening shall be designed to produce a seventy-five-percent-opaque buffer within one year of planting from the following locations:
(a) 
Any public right-of-way; and
(b) 
Adjacent lots, buildings, or structures.
(4) 
The percentage of evergreens within a vegetative screen shall be no less than 50% and shall not exceed 75% of the total plantings.
(5) 
Provide a screen with a minimum depth of 20 feet, having no planting closer than five feet to any property line, and no planting located to obstruct motorist visibility at intersections.
(6) 
Incorporate earthen mounds into the planting scheme to improve sound as well as visual buffering.
(7) 
Plantings shall be designed as groupings of plant materials intended to represent a naturalistic setting while screening views of specific buildings, structures or uses, rather than in the form of continuous linear plantings.
(8) 
Vegetative screen design shall be reviewed and approved by the Township prior to installation.
D. 
Parking lot screening. Where a use is proposed that contains a parking lot with 20 or more parking spaces, the parking lot shall be designed in accordance with Article VI of the Subdivision and Land Development Ordinance.[2]
[2]
Editor's Note: See Ch. 170, Subdivision and Land Development.
E. 
Responsibility and maintenance.
(1) 
Vegetative screens and buffers shall be continually maintained during the life of the use.
(2) 
The applicant shall be responsible for plantings for a period of one year after conveyance.
(3) 
The landowner shall be responsible for maintenance after the one-year period has expired.
(4) 
All nonsurviving plantings shall be replaced within six months, as long as the building or structure which requires the screening continues to exist.
F. 
Enforcement. Violation of these provisions will result in a citation by the Zoning Officer and any other enforcement as provided by the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Purpose. In addition to increasing the aesthetics of a given site, landscaping shall be required in order to:
(1) 
Provide stability for soil;
(2) 
Protect against erosion;
(3) 
Increase the drainage capacity of the land;
(4) 
Maintain the rural quality of the Township; and
(5) 
Provide shade and protection from the elements.
B. 
Applicability.
(1) 
Any part of a site not used for buildings, structures, parking, loading, travel ways or sidewalks shall be planted, landscaped and maintained with suitable ground cover and plants.
(2) 
A landscape plan shall be required for one or more of the following situations in accordance with § 170-20 of the Subdivision and Land Development Ordinance:
(a) 
The proposed use is a commercial or industrial use.
(b) 
An existing commercial or industrial use is proposing to expand the amount of existing floor area by more than 50%.
(c) 
Where the aggregate disturbed area of a site for any proposed use affects one acre or more.
(d) 
Where site disturbance affects 1/2 acre or more of land with a slope of 15% or greater.
(e) 
When specified in any other section of this chapter.
C. 
Design criteria. Landscaping shall be incorporated into the design of proposed uses and intended to achieve the following:
(1) 
Provide vegetative protection to land not covered by buildings, structures, parking facilities or sidewalks.
(2) 
Complement the topography and vegetation of the site to maintain and enhance the existing vegetative community.
(3) 
Create new streamside buffers and augment existing streamside buffers within the Township.
(4) 
Enhance the appearance of a site for the betterment of the Township.
(5) 
Limit the disturbance to existing vegetation.
(6) 
Provide live vegetation throughout the existence of the use according to § 200-100E of this chapter.
D. 
Landscaping within parking areas shall be provided according to the following:
(1) 
Off-street parking areas shall be landscaped to provide shade; to screen autos from public roads; and to reduce glare and noise.
(2) 
Landscaping within parking areas shall be provided in accordance with § 170-40 of the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(3) 
Maintenance of the landscaping shall be required according to the provisions set forth in § 200-100E.
[Amended 8-18-2014 by Ord. No. 213]
All vehicular access and traffic controls shall be designed in accordance with the provisions set forth in § 170-31, Street and driveway intersections, of the Subdivision and Land Development Ordinance.
Interior drives shall comply with the following regulations:
A. 
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving a site. In order to achieve efficient interior circulation, the following shall be required where two or more uses are serviced by a common street or drive, or where any use or uses require parking facilities.
B. 
Interior streets shall be clearly marked by signs, curbing and painting.
C. 
Interior circulation shall be designed and established in conformance with applicable regulations of the Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
D. 
Interior streets or aisles shall have a minimum width of 22 feet.
Loading and storage areas shall comply with the standards of the Subdivision and Land Development Ordinance, and shall be designed so that these activities will not block or interfere with the use of accessways or parking areas in accordance with § 200-103 of this chapter.
A. 
Purpose. Pedestrian accessways are required by this chapter in order to:
(1) 
Encourage pedestrian travel;
(2) 
Promote safe access between uses, buildings and structures; and
(3) 
Foster community interaction.
B. 
Applicability. Sidewalks shall be required in accordance with § 170-34 of the Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
C. 
Parking lot access.
(1) 
Parking areas with more than 25 spaces shall be required to provide walkways between parking rows to provide safe pedestrian access.
(2) 
Areas where walkways cross vehicular traffic lanes, shall be marked and signed in such a manner as to alert drivers to potential pedestrians.
D. 
Sidewalk design and maintenance. Sidewalks shall be designed and maintained in accordance with § 170-34 of the New Garden Township Subdivision and Land Development Ordinance.
A. 
Applicability. For the purpose of safety, lighting facilities shall be required in the following circumstances:
(1) 
For loading areas.
(2) 
For ingress and egress areas.
(3) 
For parking areas of multiple-family, commercial and industrial uses.
(4) 
For automated bank teller machines.
(5) 
At location where pedestrian facilities abut roads or parking facilities.
(6) 
Lighting shall be required at all proposed intersections with an arterial road.
(7) 
Where otherwise required by this chapter.
(8) 
The Board of Supervisors may require lighting to be incorporated for other uses where personal security and safety reasons warrant.
B. 
Design.
(1) 
For the following uses, lighting shall provide at the specified illumination level:
Use
Maintained
Footcandles
Uniformity Ratio
(Average: Minimum)
Pedestrian walkways
0.5 average
5:1
Street intersections
4.0 average
6:1
Multifamily common areas
0.6 minimum
3:1
Direct illuminated signs
0.7 average
NA
Recreational uses
1.0 minimum
3:1
Institutional activities
1.0 minimum
3:1
Indirect illuminated signs
1.1 average
6:1
Industrial parking lots
0.5 minimum
4:1
Commercial parking lots:
Low-activity lots
1.0 average
3:1
High-activity lots
2.0 average
3:1
(2) 
All lighting facilities shall have underground wiring.
(3) 
No lighting shall be permitted which shines directly into a residential unit.
(4) 
All lighting shall be shielded from glare within any right-of-way.
(5) 
Where possible, indirect lighting of signs and short post lighting along walkways should be incorporated to reduce glare.
(6) 
Proposed lighting facilities shall meet the approval of the Township prior to approval of the plan.
(7) 
Maximum mounting height for lighting fixtures shall be 20 feet. All fixtures in excess of 16 feet mounting height shall meet applicable IESNA (Illuminating Engineering Society of North America) full cutoff criteria.
[Added 8-13-2001 by Ord. No. 142]
(8) 
The intensity of illumination projected onto a residential use shall not exceed 0.1 vertical footcandle, measured anywhere on residentially used property.
[Added 8-13-2001 by Ord. No. 142]
(9) 
Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed downward.
[Added 8-13-2001 by Ord. No. 142]
C. 
Installation responsibilities. Where lighting facilities are required by this chapter, installation of such shall be governed by the following:
(1) 
The installation of lighting fixtures shall be in accordance with the lighting plan approved for the use in which the lighting plan was submitted.
(2) 
Where required by this chapter, the applicant shall install or cause to be installed all lighting fixtures.
(3) 
Fixtures shall be provided at the expense of the applicant, and shall be in accordance with a utility plan prepared by the applicant and approved by the Board of Supervisors and the appropriate utility company.
(4) 
For residential development where a public street is created or an intersection with an existing public street is created, the applicant or his/her successor shall be responsible for all costs involved in the lighting of streets and street intersections from the date the first dwelling is occupied.
(5) 
For proposed commercial or industrial development where a public street is created or an intersection with an existing public street is created, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections from the date structures are first utilized for business.
A. 
Applicability. Any building or structure, commercial or industrial shall be provided with a sufficient number of off-street loading berths, as required by this chapter.
B. 
Number of loading berths.
(1) 
A minimum of one loading berth shall be required for commercial, industrial, or storage uses with a gross leasable floor area between 6,000 and 50,000 square feet.
(2) 
Commercial, industrial, or storage uses with a gross leasable floor area over 50,000 square feet shall be required to provide a minimum of two loading berths.
C. 
Design. Loading berths shall be designed according to the following:
(1) 
Loading facilities shall be located on the same lot and adjacent to the principal structure or use.
(2) 
Appropriate means of safe and convenient vehicular access shall be provided to and from loading berths that will create the least interference with other traffic.
(3) 
Each loading berth shall be a minimum of 14 feet wide and 60 feet long.
(4) 
Each loading area shall have a minimum vertical clearance of 14 feet.
(5) 
No loading area shall be located within any required yard area.
(6) 
All loading areas shall be screened from public streets.
(7) 
An all-weather surface shall be provided for loading berths.
(8) 
Loading berths shall be designed in a manner that no portion of any vehicle in the process of loading or unloading shall extend into any traffic lane.
(9) 
All required loading berths shall be located in the side or rear yard area of the use to be served.
(10) 
No loading berth shall be permitted within any front yard area.
(11) 
Loading berths shall be located a minimum of 100 feet from any adjacent property line.
D. 
Calculations. No loading berth shall be used in the calculation of parking space requirements. Neither required off-street parking spaces nor access lanes can substitute for loading berths.
A. 
Applicability. The following regulations shall apply to all residential units including but not limited to single-family, two-family and multiple-family dwellings.
B. 
Design.
(1) 
All residential units shall be provided with a minimum of two off-street parking spaces having proper and safe access to a public street.
(2) 
Each parking space shall be at least nine feet by 18 feet in size.
(3) 
All parking spaces shall have an improved, all-weather surface, providing safe and convenient access in all seasons.
C. 
Substitution. Single-family dwellings can substitute driveways and garages in the calculation for parking spaces.
D. 
Driveways.
[Added 10-18-2006 by Ord. No. 168; amended 3-12-2007 by Ord. No. 170]
(1) 
Driveways for all single-family semidetached units (twins) within any cluster development shall have one common access driveway to serve at least two dwelling units.
(2) 
Driveways for all single-family attached dwelling units (townhouses) within any development, including, but not limited to cluster development, shall have one driveway to provide access to not less than two residential dwelling units.
A. 
Applicability. The regulations established under this section apply to all uses other than residential.
B. 
Design.
(1) 
There shall be sufficient spaces provided for each use so that there is a minimum of one space per employee, plus additional parking to be provided.
(2) 
The number of additional spaces shall be calculated using the formula listed below:
[Amended 11-12-2007 by Ord. No. 175; 8-18-2014 by Ord. No. 213]
Activity or Use
A Minimum of One Parking Space for Each
Driving range
One tee
Golf course
1/2 tee
Theater and churches
Three seats
Convalescent/nursing home
Two patient beds
Retirement community
One dwelling and three patient beds
Hospital
Two patient beds
Eating and drinking places
Four seats
Elementary school
20 students
All other schools
Three students, plus three fixed seats in auditorium
Gift/apparel/hardware stores
300 square feet of gross floor area
Offices/clinics/financial institutions
300 square feet of gross floor area
Wholesale sales/storage
1,000 square feet of gross floor area
Department and variety stores
300 square feet of gross floor area
Food stores and pharmacies
300 square feet of gross floor area
Gasoline service station
Two pumps of service
Personal service shop
100 square feet of gross floor area
Flea market
200 square feet of gross floor area
Light industry
Employee on day shift plus 1/2 of the employees from the next largest contiguous shift
(3) 
All uses not specified shall provide a minimum of one space per employee plus such additional spaces as deemed necessary by the Board of Supervisors.
C. 
Off-street parking spaces, with proper and safe access from a public street, shall be provided on the lot as the use to be served. In the event a parking lot is to be located on a separate tract, the applicant shall submit satisfactory evidence to the Zoning Officer that an agreement exists to use the tract permanently for parking.
D. 
No on-street parking shall be permitted on any public street or within its right-of-way during snow storms so as to facilitate snow removal.
E. 
Off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants and/or employees. The use of such parking facilities for the overnight parking and/or storing of recreational equipment or recreational vehicles, or the like, used for living, sleeping or housekeeping purposes is prohibited on any lot not approved for such use. Further, the parking, keeping or maintaining of any storage trailer or similar unit or enclosure on any property for any storage or similar use is expressly prohibited unless the same is on a temporary basis (less than 10 continuous days) and is authorized pursuant to a permit issued by the Township.
[Added 7-14-2008 by Ord. No. 180]
The following performance standards shall apply to all uses in New Garden Township:
A. 
No obnoxious, toxic or corrosive fumes or gases shall be emitted as a result of the use.
B. 
No use shall emit offensive odors which are perceptible at lot lines.
C. 
No use shall discharge into the air dust or other particulate matter.
D. 
No use shall emit smoke from operations.
E. 
No use shall produce any heat or glare perceptible at or beyond the lot boundaries.
F. 
No use shall utilize lighting in a manner which produces glare perceptible at or beyond the lot boundaries.
G. 
No use shall permit physical vibrations perceptible at or beyond the lot boundaries.
H. 
No use shall emit potentially harmful radiation.
I. 
No use shall engage in the production or storage of any material designed for use as an explosive.
J. 
Storage of waste material:
(1) 
No use shall engage in the storage of waste materials on the lot for any period beyond 30 days.
(2) 
Interim waste storage shall be located behind the front building line of the primary building and no closer than 50 feet to any rear or side lot line.
(3) 
All storage shall be completely screened from the view of any street or adjoining property.
K. 
No use shall discharge an objectionable and/or potentially dangerous effluent from plant operations.
L. 
No industrial lagoons for chemicals or other liquid waste shall be permitted.
M. 
No use shall be conducted so that noise, whether sustained or sporadic, shall exceed the level of ordinary conversation at the boundaries of the lot.
A. 
Applicability. The residential lot averaging option shall be available to applicants when permitted by the regulations of specified zoning districts, and is permitted in any residential district by conditional use.
B. 
Intent. The residential lot averaging option is designed to provide flexibility in lot design in order to:
(1) 
Permit a more attractive arrangement of dwelling units and lots.
(2) 
Preserve unique and sensitive natural features including stream valleys, woodlands, rock outcroppings, and steep slope areas which are appropriate to remain undisturbed by locating density outside these areas.
(3) 
Allow land to be developed more efficiently and economically than possible under conventional lot development.
C. 
Modification of building lots. Where an applicant selects to use the residential lot averaging option, the following calculations and conditions shall apply:
(1) 
The maximum number of dwelling units permitted shall be determined by dividing the total acreage after netting out any required areas or conditions of a tract by the minimum lot area requirement of the appropriate district.
(2) 
The average lot size for a residential development shall be equal to or greater than the minimum lot area required by the regulations of the district in which the tract is located.
(3) 
Lot area and width requirements may be less than the minimum lot area and width requirement for the appropriate district in accordance with the regulations of this section, but in no instance, when applicable, shall lots have an area and width less than the figures established below:
Minimum Lot Size
(square feet)
Minimum Lot Width at Building Line
(feet)
In the R-1 Residential District:
With on-site sewer and on-site or community water
30,000
100
With community sewer and on-site water
18,000
70
With community sewer and community water
15,000
60
(4) 
Yard requirements may be reduced by 20%, provided building setback remains at a minimum of 50 feet.
(5) 
The number of lots that have a total lot area less than the average for the proposed development shall not exceed 25% of the total number of proposed lots.
(6) 
The maximum density for a development proposal using the lot averaging option shall not exceed the density permitted by the applicable zoning district.
(7) 
Accessory building and structure, residential, including residential storage sheds greater than 120 square feet in area, shall have a minimum setback of 15 feet from side lot lines, 20 feet from rear lot lines and shall not be permitted anywhere within the front yard area.
[Added 8-18-2014 by Ord. No. 212]
(8) 
Residential storage sheds 120 square feet or less in area shall have a minimum setback of five feet from side and rear lot lines and shall not be permitted anywhere within the front yard area.
[Added 8-18-2014 by Ord. No. 212]
(9) 
Accessory retaining, landscaping and ornamental walls shall have a minimum setback equal to the height of the wall from the ultimate right-of-way of public roads and property lines.
[Added 8-18-2014 by Ord. No. 212]
D. 
Design. The site shall be suitable for development in the manner proposed without hazards to persons or property. Conditions of soil, drainage conditions, topography and unique natural features shall be compatible with proposed site design. Lots containing the minimum area permitted shall not be located on environmentally sensitive areas. Lot design shall meet with the approval of the Board of Supervisors.
E. 
Effect of approval. Upon receiving approval for a lot averaging design, no revision to the resulting lots shall occur without resubmitting the plan for review. No additional stages or phases of a project shall use the calculations of a previously approved lot average design unless part of an overall plan.
F. 
Further subdivisions. No lot of such size as to be capable of further subdivision or of development shall be included in determining the average lot area calculation. In the event such a lot is deed restricted or enters into another form of agreement, acceptable to the Township Solicitor and duly recorded in the County Recorder of Deeds office, the lot may be considered in the calculation. All lots in a lot averaging proposal shall be restricted from further subdivision by deed restriction and notation on the plan of record, and included in any other agreements made in the process of the lot averaging application.
A. 
Purpose. The purpose of this section is to promote, protect and preserve the public health and safety and general welfare of the citizens of New Garden Township in accordance with the following objectives:
(1) 
To control the size, location and illumination of the signs in the Township in order to reduce hazards to pedestrian and vehicular traffic;
(2) 
To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, in order to enhance the economic value as well as the visual character of the Township;
(3) 
To establish criteria designed to encourage signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of the individual proprietors, and legible in the circumstances in which they are seen;
(4) 
To prohibit signs or advertising distractions or obstructions which may contribute to traffic accidents or hazards caused by signs overhanging or projecting over or near the public rights-of-way; and
(5) 
To prohibit the construction of and provide for the removal of signs which constitute a hazardous or dangerous situation.
B. 
Compliance requirements.
(1) 
No sign may be erected, placed and/or maintained in any district of the Township unless it is in compliance with the provisions of this chapter and any other ordinances and regulations of the Township.
(2) 
No sign shall be erected, placed and/or maintained unless kept in good condition or repair and not allowed to become dilapidated. Each sign shall be promptly removed when the circumstances leading to its erection or placement no longer apply.
(3) 
No sign shall be erected in such a position as to unduly interfere with or unduly impede driver's vision or vehicular traffic or safety signs.
C. 
General regulations. The following regulations shall be observed in all districts:
(1) 
A sign shall be related to the use of the structure or premises where it is located.
(2) 
A sign permit must be obtained from the Code Enforcement Officer before a sign is erected or placed in the Township, except for temporary real estate signs.
(3) 
Permit applications for signs larger than eight square feet in size shall be accompanied by a plan, drawn to scale, showing the sign and the size and location of the sign with respect to the building and property boundaries.
(4) 
Other than as set forth in § 200-112, plans for signs which exceed 20 square feet in size shall be subject to review and approval by the Zoning Hearing Board.
[Amended 8-13-2001 by Ord. No. 142]
(5) 
No part of any sign shall be permitted closer than five feet from the nearest street right-of-way line.
(6) 
All signs shall be kept in a proper state of repair.
(7) 
If a sign has become dilapidated, or no longer conforms to the regulations set forth in this chapter, the Code Enforcement Officer shall notify the owner or lessee of the property to correct the condition within 30 days. The owner of lessee may appeal the decision within 30 days of the date of receipt of such decision.
[Amended 5-3-1999 by Ord. No. 133]
(8) 
If, after 30 days, the condition has not been corrected, and the notice/decision has not been appealed, the Code Enforcement Officer shall cause the dilapidated/unconforming sign to be removed at the expense of the owner or lessee.
[Amended 5-3-1999 by Ord. No. 133]
(9) 
If the Code Enforcement Officer determines that the condition of the sign poses an imminent danger to public safety, he may order the sign removed immediately, the owner or lessee shall have the right of appeal after the fact to the Zoning Hearing Board.
(10) 
No sign shall be placed in such a position that it will cause danger to traffic on the street by obscuring the view or to pedestrians by obstructing the sidewalk right-of-way.
(11) 
No sign shall be illuminated with colored lights, artificial light source or reflecting device, which may be confused with highway traffic signals.
(12) 
No stringing of light bulbs, animated signs or signs that revolve or swing or have movable parts or flashing lights or reflectors shall be permitted after the effective date of this chapter.
(13) 
No sign shall be erected on a roof.
(14) 
Parallel signs shall not project over 12 inches from the face of the building to which they are attached.
(15) 
No animated signs (other than time-and-temperature signs) or signs that emit smoke, vapor, or noise shall be permitted.
(16) 
No sign shall be permitted which implies that a property may be used for any purpose not permitted by this chapter.
(17) 
All signs shall front on the street and shall be placed only in the front yard with the exception of wall signs and window signs as permitted in § 200-112D.
[Amended 3-18-2013 by Ord. No. 200]
(18) 
All signs, except for official traffic signs, shall be located on the tract or lot with which they are associated.
(19) 
The color and lettering of signs shall be either white, black, or other muted nonbrilliant color and shall otherwise be compatible with other signs in the vicinity and the lettering of the signs shall be in reasonable proportion to the dimensions of the sign surface.
(20) 
No sign permits shall be issued unless there is conformance with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
[Added 5-3-1999 by Ord. No. 133; 8-13-2001 by Ord. No. 142]
(21) 
No banner, flag, streamer, pennant, spinners or sign of any other type across a public street, or on any property shall be permitted, except as specifically permitted under this chapter.
[Added 5-3-1999 by Ord. No. 133; 8-13-2001 by Ord. No. 142]
(22) 
No sign shall be erected or maintained on a tree or utility pole, or painted or drawn on a rock or other natural feature, other than signs indicating the prohibition or control or fishing, hunting, or trespassing, etc.
[Added 5-3-1999 by Ord. No. 133; 8-13-2001 by Ord. No. 142]
(23) 
No part of any sign which is not attached to a building shall be higher than 25 feet above the level of the ground at the base of such sign.
[Added 8-13-2001 by Ord. No. 142]
(24) 
No part of any sign which is attached to a building shall be higher than the lowest area of the roof of the building to which such sign is attached with the exception of buildings having a flat roof where an architectural feature is provided above the roof line designed specifically for the purpose of mounting a wall sign. No part of any sign which is attached to a building shall be higher than 25 feet above grade level.
[Added 8-13-2001 by Ord. No. 142; amended 3-18-2013 by Ord. No. 200]
(25) 
Regardless of the construction type of a sign, there shall not be permitted on any property more than one sign for each public street on which the tract or parcel fronts, excluding wall signs and window signs as permitted in § 200-112D, and regardless of the number of establishments or businesses occupying such tract or parcel.
[Added 8-13-2001 by Ord. No. 142; amended 3-18-2013 by Ord. No. 200]
(26) 
No illuminated signs of any kind shall be permitted in the R-1 Low Density Residential or R-2 High Density Residential Zoning Districts, or any other residential zoning district.
[Added 8-13-2001 by Ord. No. 142]
(27) 
On any given lot in a nonresidential zoning district, only wall signs, projecting signs and/or freestanding signs shall be permitted to be illuminated, in accordance with this chapter. Accordingly, on any given lot within a zoning district other than residential, wall signs identifying a specific use on the property shall be permitted to be illuminated in accordance with this chapter; in addition, one freestanding sign shall be permitted to be illuminated on such a lot in accordance with the language of this chapter. No other illuminated signs shall be permitted.
[Added 8-13-2001 by Ord. No. 142]
(28) 
All sign lighting, where permitted, shall comply with § 200-106 of this chapter.
[Added 8-13-2001 by Ord. No. 142]
D. 
Sign use regulations.
[Amended 5-3-1999 by Ord. No. 133; 8-13-2001 by Ord. No. 142]
(1) 
All districts: permitted signs. The following signs are permitted, and do not require a zoning permit:
(a) 
"For Sale" and "For Rent" signs as hereinafter specifically regulated in each district; no such sign shall exceed 10 square feet. These signs shall be removed within 48 hours after completion of the sale/rental.
(b) 
Official signs, including any signs erected by the Township, of such size and type and at such locations as required to satisfy the public need in any zoning district, including:
[1] 
Signs for the control of traffic and other regulatory purpose;
[2] 
Public transit service signs;
[3] 
Public utility information signs;
[4] 
Safety signs;
[5] 
Signs erected by a public agency in the performance of a public duty;
[6] 
Street signs;
[7] 
Signs indicating the prohibition or control of fishing, hunting, trespassing, etc., or signs indicating the private nature of a road, driveway, property or premises, provided the area of such sign does not exceed four square feet.
(c) 
Legal notice.
(d) 
A sign, with an area not exceeding two square feet, which bears only the property number, street address, and/or name of the occupant of the residence.
(e) 
Temporary "yard sale" or "garage sale" signs, provided that such signs shall not exceed two square feet in area, and further provided that such signs are removed within 48 hours after conclusion of the sale.
(2) 
Signs in the residential district. The following signs, and no others, shall be permitted in the residential district of the Township:
(a) 
Sign for a permitted professional or accessory use, provided that:
[1] 
The sign indicates solely the name, telephone number, profession and/or activity of the occupant of the dwelling;
[2] 
The area of the sign shall not exceed four square feet;
[3] 
Not more than one sign shall be permitted for each permitted professional or accessory use, or for any such residential structure (in any given situation, only one such sign shall be permitted per lot);
[4] 
No such sign shall be illuminated;
[5] 
Any freestanding sign shall not have a height greater than 80 inches.
(b) 
Identification signs for schools, churches and similar permitted uses other than dwellings, provided that:
[1] 
The size of any such sign shall not exceed 16 square feet;
[2] 
Not more than two such signs shall be permitted for each such permitted use or structure;
[3] 
No such signs shall be illuminated;
[4] 
A two-sided sign which advertises identical information on each side shall be considered one sign for the purposes of calculations hereunder; otherwise, such signs shall be considered two signs for calculations hereunder;
[5] 
No freestanding signs shall have a height greater than 80 inches.
(c) 
Temporary signs, in accordance with the following regulations:
[1] 
Temporary signs for developments, which identify the name of the development which is in the process of such development, provided that:
[a] 
The size of any such sign shall not exceed 12 square feet;
[b] 
Not more than one such sign shall be erected along each 500 feet of street frontage for the development;
[c] 
No such sign shall be illuminated;
[d] 
All such signs shall be removed within five days of the completion of active work on the development;
[e] 
No such signs shall have a total height exceeding 72 inches.
[2] 
Noncommercial signs or declarations of official religious holiday/event, provided they do not create traffic, sight or fire hazards, and further, provided that such signs are removed within five days following the holiday/event. Further, such signs shall not exceed 16 square feet.
[3] 
Signs announcing work actively being performed on the property by contractors, mechanics, painters, architects, or other artisans, etc., provided that such signs do not exceed five feet in height, with a maximum area of six square feet. Further, such signs shall be removed within five days after such work is no longer actively and continuously being pursued.
(3) 
Signs in the Highway Commercial, Limited Commercial-Industrial, and Unified Development Districts. Any one of the following signs and any one or more wall signs as permitted herein and no others, shall be permitted in the Highway Commercial, Limited Commercial-Industrial, and Unified Development Districts of the Township, subject to the following regulations:
[Amended 7-13-2010 by Ord. No. 186; 3-18-2013 by Ord. No. 200]
(a) 
Any sign of a type and size permitted in the residential district, which relates to a use permitted in the applicable zoning district.
(b) 
Window sign not exceeding 15% of the glass area of the window in which the sign is placed.
(c) 
Not more than two wall signs shall be permitted on each building frontage, limited to no more than two building frontages not to exceed an area equal to one square foot for each linear foot of building frontage occupied by an individual business or establishment. In no case shall the total sign area of all wall signs on any frontage exceed 15% of the area of the building frontage. Such wall sign(s) shall be placed upon the building housing the individual business or establishment it identifies. For the purpose of calculating the allowable total sign area, the building frontage is defined as follows:
[1] 
The linear footage of a building face which serves as the principal approach to a building and which building face fronts upon a public street, a shopping center driveway, parking area or pedestrian mall or walkway. Building face shall include all building wall faces that are approximately parallel to each other and that face a public street, shopping center driveway, parking area, pedestrian mall or public walkway.
[2] 
For corner lots, or buildings contained within a shopping center, such footage shall be calculated separately for the principal approach and one adjacent face if such face also fronts on a public street or a shopping center driveway, parking area, pedestrian mall or public walkway. The sign area calculated for each frontage shall be limited to signs erected on that frontage only and shall not be increased by the sign area calculated for another frontage.
[3] 
The area of building frontage is defined as the building length occupied by the individual business or establishment multiplied by the vertical height of the building face from grade level to the underside of the roof eave(s).
(d) 
Freestanding sign not exceeding 25 square feet in area.
(e) 
Projecting sign not exceeding 12 square feet in area.
(f) 
Regardless of the construction type, there shall not be permitted on any property more than one sign for each public street on which the tract or parcel fronts, with the exception of wall signs and window signs as permitted herein.
(4) 
Signs in the Commercial-Industrial, Business Park and Airport Development Zone Zoning Districts. Any one of the following signs, and any one or more wall signs and window signs as permitted herein, and no others, shall be permitted in the Commercial-Industrial, Business Park and Airport Development Zone Zoning Districts of the Township, subject to the following regulations:
[Amended 7-13-2010 by Ord. No. 186; 3-18-2013 by Ord. No. 200]
(a) 
Any sign permitted in the residential district, as set forth above.
(b) 
Any sign permitted in the highway commercial district, as set forth above.
(c) 
A freestanding sign, subject to the following requirements:
[1] 
Only one such sign shall be permitted per street frontage on the tract or parcel, regardless of the number of establishments occupying such tract or parcel.
[2] 
Each freestanding sign shall be erected in such a way that the distance from the edge of the sign to the nearest edge of the street right-of-way line shall not be less than 10 feet.
[3] 
No freestanding sign shall be erected within 100 feet from any other freestanding sign.
[4] 
No freestanding sign shall be permitted unless the tract or parcel has a front yard of more than 35 feet.
[5] 
No freestanding sign shall exceed a height of 25 feet.
[6] 
No more than one freestanding sign shall be permitted on each street frontage relating to, and directing persons to, a shopping center as a whole. The size of any such freestanding sign shall be as follows:
[a] 
If one or two permitted uses exist on the parcel, the size of the freestanding sign, if any, shall not exceed 40 square feet.
[b] 
If three or more permitted uses exist on the parcel, the size of the freestanding sign, if any, shall not exceed 80 square feet.
(d) 
In the event that more than one establishment occupies a tract or parcel, then each such establishment shall be permitted two wall signs not to exceed a size of one square foot of sign area for each linear foot of building frontage occupied by the individual establishment, up to a maximum of 15% of the area of the building face. Such wall signs shall be placed upon the building housing the individual business or establishment it identifies. For purposes of calculating the allowable total sign area, the building frontage is defined as follows:
[1] 
The linear footage of a building face which serves as the principal approach to a building and which building face fronts upon a public street, a shopping center driveway, parking area or pedestrian mall or public walkway. Building face shall include all wall faces that are approximately parallel to each other and that face a public street, shopping center driveway, parking area, pedestrian mall or public walkway.
[2] 
For corner lots, or buildings contained within a shopping center, such frontage shall be calculated separately for the principal approach and one adjacent building face if such face also fronts on a public street or a shopping center driveway, parking area, pedestrian mall or public walkway. The sign area calculated for each frontage shall be limited to signs erected on that frontage only and shall not be increased by the sign area calculated for another frontage.
[3] 
The area of a building face is defined as the building length occupied by the individual business or establishment multiplied by the vertical height of the face from grade level to the underside of the roof eave(s).
E. 
Classification of signs by construction type.
[Added 5-3-1999 by Ord. No. 133; amended 8-13-2001 by Ord. No. 142]
(1) 
Freestanding signs. Any sign erected upon an independent structure (including, but not limited to, legs, base or pole) so that such structure is the main support of the sign; or any sign which is erected directly upon the ground surface; and/or any sign which is not supported by any part of a building, having two faces visible. This classification specifically includes, but is not limited to, a pole sign.
(2) 
Wall sign. Any sign erected or displayed on or parallel to the surface of a building or structure, having one face visible.
(3) 
Projecting sign. Any sign mounted upon a building so that its principal face is at an angle of 135° or less with the building wall, having no more than two faces visible.
(4) 
Window sign. A temporary sign entirely contained inside a building which is visible from the street, providing notification of products for rental or sale, or of special events, and having only one face visible.
F. 
Registering existing signs. Within six months of the effective date of this chapter, all existing signs shall be registered with the Township Code Enforcement Officer, in writing, by the owner of the property where the sign is located. Failure to register any existing signs in accordance with this provision shall conclusively preclude any such sign as being lawfully in existence before the adoption of this chapter.
[Added 8-12-2002 by Ord. No. 147]
[Added 8-12-2002 by Ord. No. 147]
A. 
Purpose. The purpose of this section is to conserve natural resources and prevent erosion and pollution in the public interest and for the public good and welfare. This section shall apply to any and all applications for subdivision and/or land development.
B. 
Regulations for removal and replacement of trees. All plans for subdivision and/or land development, whether sketch, preliminary or final, shall set forth, with necessary detail, all existing trees which are to be saved on all lots and open space, if applicable, the tree protection zone ("TPZ") boundary and the tree preservation techniques, in accordance with § 170-49 of the Township Subdivision and Land Development Ordinance[1] which will be utilized during construction and development. Further, any and all development shall fully adhere to the terms and requirements of § 170-49 of the Township's Subdivision and Land Development Ordinance.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.