The regulations in this article apply to all
zoning districts of Skippack Township.
A.
In the event any lot is held of public record in single
and separate ownership on the effective date of this chapter which
shall not be of sufficient size or dimension to permit the erection
of a building thereon in accordance with the requirements of this
chapter, and provided the Zoning Hearing Board shall find that the
necessary additional ground is not available because of the settled
condition of the neighborhood, or because of inability of the owner
to acquire additional ground upon fair terms, the Zoning Hearing Board
may grant a variance for the use of such lot upon such condition as
the Board may specify so that the minimum and maximum regulations
of the district shall be met as closely as possible.
B.
Any existing single-family detached lots of record
that become nonconforming by the amendment of June 26, 2002, to this
chapter shall be regulated by the provisions of the district in which
the lot was located prior to said amendment.
No lot shall be so reduced that the area of
the lot or the dimensions of the required yards are less than the
provisions of this chapter.
The maximum height for all buildings and structures
shall be as regulated in the zoning district regulations herein. The
grant of variance relief by the Zoning Hearing Board from the height
restrictions shall include a condition requiring one additional foot
of required yard dimension for every additional foot of height above
the stated maximum.
On any lot, no wall, fence or other structure
shall be erected or altered which may cause damage to traffic by obstructing
the view; and no hedge, tree, shrub or other growth shall be planted
which may then or ultimately cause damage to traffic by obstructing
the view. A minimum clear sight triangle shall be provided at each
intersection as measured from points 75 feet distant from the center
lines of intersecting streets; greater distances may be required when
warranted by traffic conditions, as certified by a Traffic Engineer.
Interior lots shall be required to have the
dimensional requirements of the district doubled; this includes minimum
lot area, minimum lot width, and all minimum yard setbacks. The access
leg shall be a minimum of 25 feet in width and the area within the
access leg shall not be included in the calculation of the lot area.
Corner lots shall be required to provide front
yard setbacks on all sides of the lot that front on a street. All
remaining yards shall be required to provide rear yard setbacks, and
the minimum required frontage shall be required on all frontages.
Every lot hereafter created, unless specified
as less in district regulations, shall abut a public street for not
less than 50 feet measured at the ultimate right-of-way line, except
for interior lots that shall abut a public street for not less than
25 feet measured at the ultimate right-of-way line.
No structure, building or part thereof shall
project into any required yard, except that:
A.
In the RA, R1, R2 and R3 Districts only, an unenclosed
porch, not more than 14 feet in height, may extend into a required
front or rear yard for a maximum distance of 10 feet.
B.
Decks, platforms or landing places not higher than
the first floor level of the building may extend into the rear yard
a distance not greater than 16 feet, provided that such extensions
are not greater than 40% of the required yard depth. Only a retractable
awning, anchored exclusively to the building, or an overhead deck
may cover such projections, but such projections shall not be enclosed
in any way.
[Amended 12-18-2002 by Ord. No. 274]
C.
A buttress, chimney, cornice, pier or pilaster may
extend into a required yard a distance of not more than 24 inches.
D.
Open unenclosed fire escapes, steps, bay windows and
balconies may extend into a required yard a distance of not more than
36 inches, except that fire escapes shall not be permitted to extend
into front yards.
[Amended 12-18-2002 by Ord. No. 274]
Accessory uses, structures and buildings authorized
in this chapter shall only be permitted and shall be regulated for
the use classifications and districts described in this section.
A.
Agricultural use.
(1)
Greenhouses, roadside stands, barns, sheds, silos,
corn cribs and similar buildings or structures, provided that:
(a)
Roadside stands shall sell only products produced
on the premises and the Township Traffic Engineer shall approve the
ingress, egress and parking areas.
(b)
All buildings as structures shall be setback
from all property lines a minimum of 100 feet.
(c)
All pigs shall be kept a minimum of 400 feet
from any property line and not more than 1,000 pounds of pig may be
kept on any property anywhere in the Township.
B.
Single-family residential use in the RA, R1, R2, R3
and NL Districts.
(1)
Garages, shelter for domestic pets, greenhouses, swimming
pools, hot tubs, spas, tennis courts, parking spaces for noncommercial
vehicles, storage sheds, stable play structures and cabanas, provided
that:
[Amended 6-22-2006 by Ord. No. 300; 3-11-2009 by Ord. No. 327]
(a)
All such accessory uses, structures and buildings
are for the private use of the residents; and the maximum height is
15 feet.
(b)
All accessory buildings or structures are located
in the rear yard, a minimum of 10 feet behind the principle building
and at least four feet from the side and rear property line for structures
less than 200 square feet in area and at least 10 feet from the side
and rear property line for structures greater than 199 square feet
in area.
(c)
Swimming pools, tennis courts, basketball courts
and all structures or equipment related to the same shall be located
in the rear yard behind the principal building and set back from the
side and rear property lines at least 1/2 the minimum requirement
for the respective yard, but in no case less than 10 feet from any
property line.
(d)
The keeping, raising or boarding of four-hoofed
animals (horses included) for domestic or other purposes, and including
a stable for same, shall require a minimum lot area of not less than
three acres and a minimum lot width of not less than 250 feet, regardless
of the district in which said property is located. These requirements
shall not apply to lots of 10 acres or greater. The above requirements
shall be applicable for up to two such animals, and for each additional
such animal kept on the lot, parcel or premises, one additional acre
of lot area shall be required. These requirements shall not apply
to hoofed animals weighing 150 pounds or less at maturity, provided
that they are continually restrained on the owner's property. This
exception shall apply only to lots in R1 zoning or larger. The number
of such animals weighing 150 pounds or less shall not exceed two.
If it should happen that a litter is born, the limit of two may be
exceeded only until weaning, at which time the number in excess of
two must be removed from the property immediately.
(e)
Hot tubs and spas shall be located entirely
in the rear yard and set back from any property line 1 1/2 the minimum
requirement for the respective yard, but in no case outside of the
building envelope or in the front yard. Detailed structural plans
must be submitted to demonstrate the adequacy of any structure on
which the hot tub or spa rests. Permanently installed spas and hot
tubs shall be designed and constructed in conformance with ANSI/NSPI-3
as listed in Section AG108 of the International Residential Code (current
edition). Portable spas and hot tubs shall be designed and constructed
in conformance with ANSI/NSPI-6 as listed in Section AG108 of the
International Residential Code (current edition).
C.
Residential use in the R4, R5, VR, and all AAR Districts.
(1)
A garden shed for private use to store off-season
residential material, to house lawn maintenance equipment or to keep
tools, play structures, private greenhouses and shelter for domestic
pets, provided that:
(a)
No building, shed or greenhouse shall be permitted
to exceed 100 square feet in area or 12 feet in height.
(b)
All buildings and structures shall be located
in the rear yard at least 10 feet behind the principle building and
at least four feet from all side and rear property lines.
(c)
Hot tubs and spas are permitted in the single-family
detached dwelling properties located within the VR and VC Districts.
Hot tubs and spas shall be located entirely in the rear yard and set
back from any property line 1 1/2 the minimum requirement for the
respective yard, but in no case outside of the building envelope or
in the front yard, and 15 feet from the property line dividing a two-family
detached dwelling. Permanently installed spas and hot tubs shall be
designed and constructed in conformance with ANSI/NSPI-3 as listed
in Section AG108 of the International Residential Code (current edition).
Portable spas and hot tubs shall be designed and constructed in conformance
with ANSI/NSPI-6 as listed in Section AG108 of the International Residential
Code (current edition).
[Added 3-11-2009 by Ord. No. 327]
D.
Nonresidential districts.
[Amended 7-11-2007 by Ord. No. 305]
(1)
Accessory uses, structures and buildings for nonresidential
uses shall be permitted by special exception, unless approved as part
of a land development application. All such structures and buildings
shall be located within the building envelope.
E.
Residential uses in the ITND District.
[Added 1-10-2007 by Ord. No. 299]
(1)
No accessory buildings or structures of any kind shall
be permitted on any residential lot in the ITND District, except as
follows:
(a)
In-ground swimming pools only shall be permitted
on the single-family detached residential lots. The pool and all structures
and equipment related to the pool shall be in the rear yard at least
10 feet (behind the principal building and no closer than 20 feet
to any rear property line, and 15 feet to any side property line.
(Not permitted in the TND singles.)
(c)
Sports courts of all kinds shall not be permitted
on any residential lot in the ITND District. (No basketball goals
permitted in right-of-way.)
(d)
Hot tubs and spas shall be permitted only on
the single-family detached residential lots. Hot tubs and spas shall
be located entirely in the rear yard and set back from any property
line 1 1/2 the minimum requirement for the respective yard, but in
no case outside of the building envelope or in the front yard. Permanently
installed spas and hot tubs shall be designed and constructed in conformance
with ANSI/NSPI-3 as listed in Section AG108 of the International Residential
Code (current edition). Portable spas and hot tubs shall be designed
and constructed in conformance with ANSI/NSPI-6 as listed in Section
AG108 of the International Residential Code (current edition).
[Added 3-11-2009 by Ord. No. 327]
(e)
Single-family detached residential estate homes are permitted
one garden shed measuring eight feet by 12 feet, with a maximum height
of 12 feet. The shed must be located in the rear yard and a minimum
of three feet from rear and side property lines.
[Added 6-10-2015 by Ord.
No. 349]
(2)
The keeping of animals shall be limited to domestic
pets only; breeding, training, boarding or keeping of animals for
any other purpose shall be prohibited.
A.
Home occupations shall only be permitted by special
exception, subject to the following restrictions:
(1)
No displaying or retail sale of merchandise shall
be permitted.
(2)
The floor space devoted to home occupation use shall
not exceed 400 square feet.
(3)
Employment of any nonresident of the household other
than one person is prohibited.
(4)
Visitors, clients, patients and callers to the home
shall only arrive and depart between the hours of 8:00 a.m. and 8:00
p.m., prevailing time, Monday through Friday.
(5)
Such use shall be restricted to the confines of the
residence and there shall be no storage of bulk materials inside the
residence and no visible evidence of the use other than the permitted
sign on the exterior of the property.
(6)
Service shall be provided to one individual at a given
time.
(7)
Any required parking associated with the home occupation
shall be provided within the confines of the building envelope.
(8)
The applicant for a home occupation shall provide
credible evidence that the home occupation shall not create any adverse
effect on the residential neighborhood, including but not limited
to traffic, noise regulated substances and health, safety and welfare
issues.
[Amended 2-13-2013 by Ord. No. 339]
The outdoor storage of junk and motor vehicles and/or trailers
as defined in "junkyard"[1] is prohibited in all zoning districts except as permitted
in the LI Limited Industrial District.
Home day care for one child is permitted in
the Township without regulation. Home day care for two to a maximum
of five nonresident children, located only in a single-family detached
dwelling in which the caregiver resides, shall be considered a home
occupation and shall be subject to the following requirements:
A.
The caregiver shall be registered or licensed by the
commonwealth to provide child-care services in the dwelling.
B.
There shall be no structural change to the exterior
of the single-family detached dwelling to accommodate the day-care
use.
C.
In no case shall home day care be permitted on a lot
with an area of less than 10,000 square feet.
D.
There shall be a minimum of 40 square feet of floor
space per child, inclusive of space occupied by furniture and equipment,
but exclusive of closets, halls, bathrooms, kitchens and related areas.
All of such floor space shall be on the first floor of the single-family
detached dwelling.
F.
The normal hours of operation shall not be earlier
than 7:00 a.m. nor later than 7:00 p.m.
G.
A driveway shall be required in order to allow off-street
pickup and dropoff of children.
All forms of exterior illumination in every
zoning district shall conform to the following requirements:
A.
The maximum mounting height for all exterior fixtures
shall be 14 feet.
B.
The source of illumination shall not be visible from
off the premises.
C.
The lighting shall not cast measurable illumination
beyond the property lines nor create a nuisance or intrusion to the
private property of others or the public.
D.
Lighting for tennis courts, basketball courts or similar
activity oriented purposes shall be permitted by special exception.
The Zoning Hearing Board may grant such relief as it deems appropriate
and impose such conditions as deemed appropriate.
Detention basins in all districts shall be controlled
by the following regulations:
A.
The portion of the land used for the detention basin
purposes shall not be included in the calculation to determine or
to establish compliance with minimum setbacks, building coverage and
impervious coverage.
B.
No portion of any detention basin shall be located
closer than 50 feet to any building, and no building shall be located
closer than 50 feet to any detention basin.
C.
All detention basins shall be naturalized such that
no manufactured portion of a basin is visible from outside the basin.
D.
All detention basins shall be located such that no
part of any basin is closer than 25 feet to a property line.
E.
All detention basins shall be designed such that the
volume of runoff generated by a two-year storm event shall be retained
in underground storage pits, the design of such subject to the review
and approval of the Township Engineer. The total amount of stormwater
to be calculated shall be based upon the maximum impervious coverage
permissible of the land development site. This requirement is additional
to the provisions of the SALDO.
F.
Detention basins shall be designed to the best management
practices of groundwater recharge and improved water quality promoted
by PA DEP.
For the purpose of preventing groundwater contamination,
reducing surface runoff and sedimentation of nearby streams and bodies
of water, protecting sensitive wildlife habitats, minimizing disruption
to the hydrology of riparian and wetlands sites and preventing damage
to dwellings and properties as a result of construction on or adjacent
to alluvial soils or construction adjacent to active creeks, streams,
watercourses, waters of the commonwealth, waters of the U.S.A., riparian
and wetlands buffers shall be established as follows:
A.
The minimum riparian or wetlands buffer shall extend
outward 25 feet from the following:
(1)
The edge of any wetlands as delineated on an official
map approved by the Skippack Township Board of Supervisors, or a determined
by an approved delineation;
(2)
The top of any banks of any active creek, stream or
other watercourses;
(3)
The edge of any waters of the commonwealth and/or
waters of the U.S.A. having a watershed area greater than 100 acres;
or
(4)
The center line of any regulated floodplain if the
distance from the center line to the outside edge of the floodplain
is less than 25 feet.
B.
Where the 300 feet of land adjacent to a riparian or wetland boundary has an upland slope greater than 10%, the minimum buffer shall be increased by four feet for each degree of slope above 10% which shall be added to the minimum riparian or wetlands buffer set forth in Subsection A above.
C.
No filling, grading, clearing or development related
to any structure or improvement, including stormwater management facilities,
shall be permitted within any wetlands, active creeks, streams, watercourses,
wetlands buffers or riparian buffers. Upon proof that no reasonable
engineering alternative exists, stormwater management facilities,
utility crossings, public roads, private roads and driveway crossings
may be permitted by conditional use. Any wetlands, active creeks,
streams, watercourses, wetlands buffers or riparian buffers permitted
to be filled or otherwise destroyed by conditional use shall be replaced
elsewhere on the site, in accordance with the applicable requirements
of the Pennsylvania Department of Environmental Protection, so that
the total predevelopment area shall not be reduced.
Steep slopes, which shall be defined as areas
having a slope of 20% or greater as identified on a field-generated
topographic plan prepared by a registered civil engineer or registered
surveyor, using two-foot-interval contours and having an elevation
difference of at least eight feet, shall be regulated as follows:
A.
Not more than 20% of the total area of lands designated
to be steep slopes on a property may be disturbed in any way for any
purpose, except for agriculture.
Forestry, as mandated by the PA MPC, is permitted
in all districts in the Township subject to the following regulations:
A.
Forestry activities shall be practiced in accordance
with accepted silvicultural principles, through developing, cultivating,
harvesting, transporting, and selling of trees for commercial purposes.
A plan shall be filed with the Township, which shall provide measures
for erosion and sedimentation control and the immediate replanting
of trees on areas where existing tree growth has been harvested.
B.
Setbacks. Buildings, including accessory structures,
and the harvesting or cutting of timber which is part of any forestry
operation within the Township shall be set back from property lines
and road frontages as follows:
C.
Hours of operation. No forestry operations conducted
in the Township shall commence operations of any machinery utilized
in the forestry business, including motorized vehicles engaged in
the business, until 7:00 a.m., and all such operations shall cease
by 5:00 p.m., prevailing time, Monday through Friday, only.
D.
Exterior storage. Any exterior storage of lumber or
forestry product or by-product shall comply with all recognized fire
standards and safety standards and shall be screened from view with
the planting of an appropriate evergreen screen.
E.
Deliveries of transport to and from the site. No deliveries
to the location or transportation of product or by-product of the
forestry operation shall be conducted except between the hours of
7:00 a.m. and 5:00 p.m. Monday through Friday, only.
F.
Signage and retail operations. No sale of any of the
lumber or any other product or by-product of the forestry operation
may be sold on the premises where the forestry operation is conducted.
Mining or mineral extraction shall be conducted
subject to the following regulations:
A.
Lot area. The minimum lot area for this use shall
be five acres.
B.
Buffer. A perimeter buffer of 150 feet shall be provided
on all sides of the property.
C.
Hours of operation. Activity on the site shall only
occur between the hours of 7:00 a.m. and 5:00 p.m. prevailing time,
Monday through Friday, excluding holidays.
A.
Any nonresidential use that occurs on a site of more
than 10 acres shall be subject to the following regulations in order
to assure against the creation of any dangerous, injurious, noxious,
or otherwise objectionable fire, explosive, radioactive or other hazard;
noise or vibration pollution; smoke, dust, odor or other form of air
pollution; electrical, magnetic or other disturbance; glare; liquid
or solid waste pollution, or any condition that is unsafe, unsanitary
and detrimental to the Township.
B.
Qualified authors, whose credentials shall be subject
to acceptance by the Board of Supervisors, shall prepare a detailed
community impact statement. The study shall address and certify compliance
with the following:
(1)
Fire and explosive hazards. The Department of Labor
and Industry and the laws of the Commonwealth of Pennsylvania shall
provide all activities and all storage of flammable and explosive
material at any point with adequate safety devices against the hazards
of fire and explosion, and adequate fire-fighting and fire-suppression
equipment and devices as detailed and specified. All buildings and
structures within such buildings and structures shall conform to the
Building Code, the Fire Prevention Code, and all other applicable
ordinances adopted by the Township. Any explosive material shall conform
to the requirements of Chapter 211, Title 25, Rules and Regulations,
Pennsylvania Department of Environmental Resources, for Storage, Handling
and Use of Explosives.
(2)
Radioactivity or electrical disturbances. There shall be no activities that emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(3)
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(4)
Liquid and solid wastes. There shall be no storage of or discharge at any point into any public or private sewerage system, or watercourse or into the ground, of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, and specifically Chapters 73, 75, 95, and 97, Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(5)
Glare. No direct or sky-reflected glare, whether from
spotlights, floodlights, searchlights or other sources, shall be visible
from adjoining public streets or adjacent lots when viewed by a person
standing on ground level.
(6)
Odor. No use shall emit odorous gases or other odorous
matter in such quantities as to be offensive at any point on or beyond
its lot lines. The guide for determining such quantities of offensive
odors shall be the fifty-percent response level of Table I (Odor Thresholds
in Air), "Research on Chemical Odors: Part I - Odor Thresholds for
53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association,
Inc., Washington, D.C.
(7)
Noise.
(a)
The sound level of any operation (other than
the operation of motor vehicles or other transportation facilities,
operations involved in the construction or demolition of structures,
emergency alarm signals or time signals) shall not exceed the decibel
levels in the designated octave bands as stated below. The sound-pressure
level shall be measured from a sound level meter and an octave bank
analyzer that conform to specifications published by the American
Standards Association. (American National Standard Specification for
Sound Level Meters, SI. 4-1971, American National Standards Institute,
Inc., New York, New York, and the American Standard Specification
for Octave, Half Octave, and Third Octave Bank Filter Sets, S1.11-1966
or 1971. American Standards Association, Inc., New York, New York
shall be used.)
(b)
Sound-pressure levels shall be measured at the
property line upon which the emission occurs. The maximum permissible
sound-pressure levels for smooth and continuous noise shall be as
follows:
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
| |
|---|---|---|
|
0 to 150
|
67
| |
|
150 to 300
|
59
| |
|
300 to 600
|
52
| |
|
600 to 1,200
|
46
| |
|
1,200 to 2,400
|
40
| |
|
2.400 to 4.800
|
34
| |
|
Above 4,800
|
32
|
(c)
If the noise is not smooth and continuous or
is radiated during sleeping hours, one or more of the corrections
below shall be added to or subtracted from each of the decibel levels
given above:
|
Type of Operation or Character of Noise
|
Corrections in Decibels
| |
|---|---|---|
|
Noise occurs between the hours of 10:00 p.m.
and 7:00 a.m.
|
-3
| |
|
Noise occurs less than 5% of any one-hour period
|
+5
| |
|
Noise is of periodic character (hum, scream,
etc.), or is of impulsive character (hammering, etc.). (In the case
of impulsive noise, the correction shall apply only to the average
pressure during an impulse, and impulse peaks shall not exceed the
basic standards given above.)
|
-5
|
The creation of a residential lot with frontage
on two opposite sides shall be permitted only when the following requirements
are met:
A.
All access shall be limited to only one frontage and
same shall be recorded in the deed.
B.
A buffer the full width of the nonaccess frontage
and 30 feet in width shall be provided. This buffer shall be in addition
to all lot requirements of the district, it shall be landscaped and
it shall be deed restricted to prevent development or use of any kind.
A.
A landscape buffer shall be provided at the perimeter
of all land developments and may be coincident with the yard setback,
and it shall be of the minimum width as listed in the table on the
following page.[1] The provisions of the SALDO shall regulate the landscaping
within the buffer.
[1]
Editor's Note: The Landscape Buffer Table is included at the end of this chapter.
B.
In the SC, LI and CF Districts the required buffer
shall be in addition to the yards required in the district regulations.
If the existing conditions on the property provide a natural vegetation
buffer the landscaping provisions may be waived, either partially
or all together.
The keeping of commercial vehicles in a residential
district shall be regulated as follows:
A.
The keeping, storage or basing of any type vehicle
greater than 22 feet in length shall occur in a fully enclosed garage.
B.
Not more than one vehicle greater than 22 feet in
length shall be kept, stored or based on a property.
C.
Boats, travel trailers, trucks of all types, limousines
and all commercial registered vehicles shall be included for purposes
of this section.
A.
Building permit site plans.
(1)
At the time of building permit application, except
for addition/alteration, there shall be filed with the Township a
site plan showing, to a scale of not smaller than one inch equals
40 feet, all existing and proposed features. The Zoning Officer shall
have sole discretion in the applicability of this requirement for
all permits. The plan, at a minimum, shall indicate the following
for new dwellings, swimming pools and major additions:
(a)
Proposed building envelope of the structure
with dimensions.
(b)
Proposed dimensions from all property lines
to the structure.
(c)
Proposed front and rear entry, accessory structures,
porches and/or decks.
(d)
Proposed driveway location, dimensions and slopes.
(e)
Proposed finished floor elevation of the garage
and first floor of the building.
(f)
Property lines, building setback lines and street
locations showing curbs, sidewalks, driveway aprons, etc.
(g)
Existing and proposed grades for the entire
site, including spot elevations at the outside corners of each building,
as well as a grading plan at one-foot contour intervals indicating
existing and proposed contour lines.
(h)
Direction and percent of slope and center line
of existing and proposed drainage channels, diversion terraces, top
of grade and invert elevations of existing and proposed stormwater
facilities.
(i)
The location of any existing and proposed retaining
walls, tree wells, wing walls or berms required to implement the grading
and drainage plan within the areas to be disturbed.
(j)
The location of individual trees or woodland
masses and other natural features or man-made features such as streams,
roads or walkways and a clear indication of which features are to
be saved and which are to be removed or eliminated.
(k)
The location of required street trees or site
landscaping shall comply with the provisions of the SALDO.
(l)
The plot plan shall show the lot area, the area
of dwellings and structures, the area of driveways and parking areas,
the area of other impervious coverage, the percent of building coverage,
the percent of impervious coverage.
(2)
A registered professional surveyor of the Commonwealth
of Pennsylvania who shall certify that all information is true and
correct shall prepare the plan.
B.
As-built site plans.
(1)
At the time of use and occupancy permit application,
except for addition/alteration, there shall be filed with the Township
a site plan showing, to a scale not smaller than one inch equals 40
feet, all as-built features. The Zoning Officer shall have sole discretion
in the applicability of this requirement for all permits. The plan,
at a minimum, shall indicate the following for new dwellings, swimming
pools and major additions:
(a)
Actual building envelope of the structure with
dimensions.
(b)
Actual dimensions from all property lines to
the structure.
(c)
Front and rear entry, accessory structures,
porches and/or decks.
(d)
Driveway location, dimensions and slopes.
(e)
Finished floor elevation of the garage and first
floor of the building.
(f)
Property lines, building setback lines and street
locations showing curbs, sidewalks, driveway aprons, etc.
(g)
Grades for the entire site, including spot elevations
at the outside corners of each building, as well as a grading plan
at one-foot contour intervals indicating contour lines.
(h)
Direction and percent of slope and center line
of drainage channels, diversion terraces, top of grade and invert
elevations of stormwater facilities.
(i)
The location of any retaining walls, tree wells,
wing walls or berms.
(j)
The location of individual trees or woodland
masses and other natural features or man-made features such as streams,
roads or walkways.
(k)
The location of street trees or site landscaping
shall comply with the provisions of the SALDO.
(l)
The plot plan shall show the lot area, the area
of dwelling and structures, the area of driveways and parking areas,
the area of other impervious coverage, the percent of building coverage,
the percent of impervious coverage.
(2)
A registered professional surveyor of the Commonwealth
of Pennsylvania who shall certify that all information is true and
correct shall prepare the plan.
A.
Declaration of legislative intent. An expansion of the general intent and community development objectives found in Article I of this chapter, the primary purpose of the RC Residential Cluster Option is as follows:
(1)
To provide for a variety of lotting opportunities
consistent with the primary purpose of this district;
(2)
To preserve open land, including those areas containing
unique and sensitive natural features such as woodlands, steep slopes,
streams, floodplains and wetlands, by setting them aside from development;
(3)
To preserve scenic views and elements of the Township's
rural character, and to minimize perceived density, by minimizing
views of new development from existing roads;
(4)
To provide greater design, flexibility and efficiency
in the placement of services in infrastructure, including the opportunity
to reduce lengths of roads, utility runs and the amount of paving
required for residential development;
(5)
To create compact neighborhoods with direct visual
access to preserved open land, with amenities in the form of open
space, and with a strong neighborhood identity;
(6)
To implement the goals of the Township's Comprehensive
Plan;
(7)
To reduce erosion and sedimentation by retention of
existing vegetation, and the minimization of development on steep
slopes; and
(8)
To provide for the preservation and maintenance of
open land within the Township to achieve the above-mentioned goals
and for active or passive recreational use by the residents.
B.
A development option shall be created which shall be entitled "RC Residential Cluster Option." This option shall be available for use in the RA and R1 Districts with a minimum lot area of 10 acres, and it shall be permitted as a conditional use under the provisions of Article XIII.
[Amended 2-13-2013 by Ord. No. 341]
C.
Permitted uses. In an RA and R1 District under the
RC Residential Cluster Option a building may be erected or used, and
a lot may be used or occupied for one of the following purposes and
no other:
D.
Density. The maximum allowable density under the RC
Residential Cluster Option shall be equivalent to the number of units
that could be achieved under a conventional lotting plan.
E.
Lot area and width. Under the RC Residential Cluster
Option the lot area and width shall be in accordance with the underlying
district subject to the following:
[Amended 2-13-2013 by Ord. No. 341]
F.
Yards. Under the RC Residential Cluster Option the
yard regulations shall be in accordance with the following:
(1)
The minimum required front yards may be reduced by
10%.
[Amended 2-13-2013 by Ord. No. 341]
(2)
The minimum required side yards may be reduced by
40%.
[Amended 2-13-2013 by Ord. No. 341]
(3)
The minimum required rear yards may be reduced by
10%.
[Amended 2-13-2013 by Ord. No. 341]
(4)
One accessory structure limited to 100 square feet
in area may be located in the rear yard only and shall be a minimum
of five feet behind the rearmost portion of the principal structure,
a minimum of five feet from the rear property line and a minimum of
15 feet from any side property line.
G.
Lot coverage. Under the RC Residential Cluster Option
the coverage regulations shall be in accordance with the underlying
district subject to the following:
H.
Building height. Under the RC Residential Custer Option
the maximum building height shall be 40 feet, not exceeding three
stories.
I.
Special regulations. All development under the RC
Residential Cluster Option shall be regulated by the following:
(1)
Eligibility. The minimum size tract of land eligible
for cluster development shall be a ten-acre lot area.
[Amended 2-13-2013 by Ord. No. 341]
(2)
Open space.
(a)
Under the RC Residential Cluster Option, a minimum of 30% of
the lot area of the tract must be preserved as open space, and all
undevelopable land shall be preserved as open space. Open space shall
be preserved by offering the land to the Township in fee simple, by
the creation of a homeowners' association or by transferring the land
to a bona fide conservation organization acceptable to the Township.
[Amended 2-13-2013 by Ord. No. 341]
(b)
If the Township does not require dedication
or permit transfer to a conservation organization, the developer shall
provide for and establish an organization for the ownership and maintenance
of the common open space consistent with the requirements for unit
owners' associations found in the Pennsylvania Uniform Condominium
Act, 68 Pa. C.S.A. § 3101 et seq. If such an organization
is created, the deeds and agreements of sale for the common open space
and for all individual lots within the tract shall contain the following
requirements in language acceptable to the Township Solicitor:
[1]
Such organization shall not dispose of the common
open space by sale or otherwise except to the Township or other governmental
body, unless the Township has given prior approval. Such transfer
shall be made only to another organization which shall maintain the
common open space in accordance with this chapter.
[2]
The organization and all lot owners within the
development shall agree to be bound by the provisions of the PA MPC,
relating to Township maintenance and deteriorating open space, and
providing for the ability of the Township to access and lien the properties
within the development.
[3]
All lot owners within the development shall
be required to become members of the organization and pay assessments
for the maintenance of the common open space, which assessments may
be increased for inflation and which may provide for professional
management.
[4]
The Township may require the formation of a
reserve fund to cover capital improvements to the common open space.
(3)
Isolated small parcels of undevelopable land. Individual
lots may contain up to a maximum of 2% of their required area in isolated
individual undevelopable land. Such land shall be otherwise protected
or mitigated elsewhere on the project.
(4)
Side entry garages shall be incorporated wherever
possible.
[Amended 2-13-2013 by Ord. No. 341]
(5)
Design criteria. In locating the open space, consideration
shall be given to the preservation of environmentally sensitive lands
and to the buffering of adjacent nonclustered residences. All residential
lots adjacent to nonclustered residential developments shall have
equivalent respective setbacks to the nonclustered properties.[1]
[1]
Editor’s Note: Former Subsection I(6), concerning approval
of deviations from the above requirements by the Board of Supervisors,
which immediately followed this subsection, was repealed 2-13-2013
by Ord. No. 341.
