A.
Lot area and yard required. The lot and yard regulations for any
new buildings or use shall not include any part of a lot that is required
by any other building or use to comply with the requirements of this
chapter. No required lot or area shall include any property, the ownership
of which has been transferred subsequent to the effective date of
this chapter, if such property was a part of the area required for
compliance with the dimensional regulations applicable to the lot
from which such transfer was made.
B.
Minimum lot size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this chapter, except as specified in § 200-35C below.
C.
Additional lot requirements and exceptions.
(1)
Resource protection land. A residential lot of 15,000 square feet or less shall not include any slopes greater than 20%, wetlands or one-hundred-year floodplain within the area used to meet the required minimum lot size. A residential lot of over 15,000 square feet shall include a minimum of 15,000 square feet of land that does not use any of the following areas to meet the minimum lot size: slopes greater than 20%, wetlands or areas within the one-hundred-year floodplain. See also provisions of Chapter 175, Subdivision and Land Development, regarding average slopes of building areas. See § 200-32B for regulations on buildings in floodplains.
(2)
Nonconforming lot. The provisions of this chapter shall not prevent
the construction of a structure for a permitted use on an existing
lot that was lawful when created and which, prior to the effective
date of this chapter, was in single and separate ownership duly recorded
by plan or deed; and provided that:
(a)
Such a lot is not less than 80% of the minimum lot area in that
district.
(b)
If a lot is not served by central water and central sewage service,
it shall have a minimum lot area of one acre and meet state sewage
regulations.
(c)
If it is not possible for the lot to meet minimum front and
rear yard requirements, then the minimum front yard and/or rear yard
may be reduced to 25 feet.
(d)
If it is not possible for the lot to meet minimum side yard
requirements for a single-family detached dwelling, then each minimum
side yard may be reduced to five feet for a single-family detached
dwelling.
(e)
In the case of an irregularly shaped lot, the required lot width
along the building setback line shall be no less than the frontage
required at the street line in the applicable zoning district, but
the frontage at the street line may be reduced to not less than 75%
of the required street frontage.
(3)
This exception shall not apply to any two or more contiguous lots
in a single ownership as of or subsequent to the effective date of
the provisions of this chapter that made the lot nonconforming, where
a merger or resubdivision could create one or more lots that would
be less nonconforming with this chapter.
D.
Minimum lot width. If a lawful nonconforming lot has a nonconforming
lot width, that restriction by itself shall not prevent the lot from
being used for the construction of an allowed principal building or
accessory structures.
E.
Yard requirements. In all districts, no portion of a building or
structure shall be built within the minimum depth of front, side,
or rear yards as specified within this chapter except as provided
in the following:
(1)
Off-street parking and fences shall be permitted within required
yards.
(2)
Front yard exceptions for existing setbacks. If the alignment of
existing buildings on either side of a lot within a distance of 200
feet of the proposed building and fronting on the same side of the
same street in the same block is nearer to the street than the required
front yard depth, the Township may accept the average of such existing
alignment within that distance as the required front yard.
(3)
Projection into yards. An arbor, open trellis, flagpole, unroofed
steps or terrace, or recreational or clothes-drying yard shall be
permitted as projections into required yards with no restriction.
In addition, a roof of a building may overhang into a yard by up to
three feet. No other permanent structure shall project into the required
yard.
F.
Height. The height limitations specified in this chapter shall not
apply to place of worship spires/steeples/religious symbols/belfries,
cupolas, agricultural and industrial mechanical equipment not intended
for human occupancy; monuments, observation towers, communications
towers/antennas that meet other requirements of this chapter, electricity
transmission towers, windmills, chimneys, smokestacks, flagpoles,
except as herein specified. However, such features that exceed 75
feet in total height from the ground shall be set back a minimum of
75 feet from the lot line of an existing dwelling.
G.
Clear sight triangle for street intersections. See § 175-42K(11) of Chapter 175, Subdivision and Land Development, or its successor section. Once a clear sight triangle is established on a plan submitted to the Township, it shall be legally binding upon all present and future property-owners and shall be maintained to be kept clear of obstructions. If the clear sight triangle becomes obstructed, and the current owner does not comply with a Township notice to remove the obstruction, then the Township may remove the obstruction and require that the owner pay the costs of the Township to perform the work. However, the Township does not accept any obligation to maintain a clear sight triangle.
H.
Visibility at intersections. No sign shall be placed in such a position
that it will cause danger to traffic on a street or entering a street
by obscuring the view, or which hides from view or interferes with
the effectiveness of an official traffic control device.
A.
General parking requirements.
(1)
Structures and uses in existence at the date of adoption of this
chapter shall not be subject to the requirements of this article so
long as the kind or extent of use is not changed, provided that any
parking facility now serving such structures or uses shall not in
the future be reduced below such requirements.
(2)
Whenever there is an alteration of a use that increases the parking
requirements according to this article, the total additional parking
required for the alteration, change, or extension shall be provided
in accordance with the requirements of this article.
(3)
No parking area shall be used for any use that interferes with its
availability for the parking need it is required to serve.
(4)
All required facilities shall be provided and maintained as long
as the use exists which the facilities were designed to serve. The
total extent of off-street parking facilities shall not be reduced
after their provision, except upon the approval of the Township and
then only after proof that, by reason of diminution in floor area,
seating area, or the number of employees or change in other factors
controlling the regulation of the number of parking spaces, such reduction
is in conformity with the requirements of this article. Reasonable
precautions shall be taken by the owner or sponsor of particular uses
to assure the availability of required facilities to the employees
or other persons whom the facilities are designed to serve. Such facilities
shall be designed and used in such a manner that at no time constitutes
a nuisance, hazard, or unreasonable impediment to traffic.
(5)
For parking areas of six or more vehicles and related driveways,
the area that is not landscaped shall be: a) graded and surfaced with
bituminous asphalt or concrete or another hard-surface approved by
the Township, and b) drained to the satisfaction of the Township Engineer
to the extent necessary to prevent dust, erosion, or excessive water
flow across streets or adjoining property. All off-street parking
areas of three or more spaces shall be marked so as to indicate the
spaces' location. Failure to keep parking areas in satisfactory condition
(such as free from potholes, clearly delineated, or properly graded)
shall be considered a violation of this chapter.
(6)
All areas for the storage of six or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in § 200-38.
(7)
Within the TC Town Center District, any use existing as of the effective
date of this chapter which can be lawfully expanded, or any new use
that cannot meet the parking requirements of this chapter within the
lot lines of the principal use may meet the parking requirements of
this chapter by:
(a)
On an annual basis the landowner shall show proof of a lease
of the required parking spaces within 300 feet of the premises and
in the same district.
B.
Parking design requirements.
(1)
A parking stall is that area specifically designated by pavement
markings or some other means for the temporary parking of one motor
vehicle.
(2)
Design standards for parking stalls shall not apply where the primary
purpose is that of vehicle storage related to sales, service, or other
use, both commercial and noncommercial.
(3)
Unless otherwise specified, each required parking space shall include
a rectangle with a minimum width of 10 feet and a minimum length of
20 feet. Parking spaces for storage of vehicles for sale or valet
parking are not restricted by this size limitation.
(5)
The minimum width of two-way traffic parking aisles shall be 24 feet.
(6)
Drives and parking aisles shall be designed so that each motor vehicle
may proceed to and from a parking stall without requiring the moving
of any other motor vehicle.
C.
Parking access and traffic control. In order to minimize traffic
congestion and hazard, control street access in the interest of public
safety, and encourage the appropriate development of street or highway
frontage:
(1)
For automobile sales lots (Use E-2) no area for off-street parking
or for the display, storage, sale, or movement of motor vehicles shall
abut directly a public street or highway unless separated from the
street or highway by a raised curb and barrier planting strip, wall
or other effective barrier against traffic, except at necessary accessways,
and each parking area shall have not more than two accessways to any
one public street or highway for each 500 feet of frontage. Where
possible, access to parking areas shall be provided by a common service
driveway or minor street in order to avoid direct access on a major
street or highway. Except for flares and curb returns, no such accessway
shall be more than 35 feet clear in width.
(2)
In the case of apartments and all industrial uses, the following
regulations shall apply:
(a)
All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property or center, except in the TC Town Center District, where parking may be provided within 300 feet of the use or as provided in § 200-36A.
(b)
All buildings shall front upon a marginal street, service road,
common parking lot, or similar area and not take access directly upon
a public street or highway.
(c)
All accessways to a major or minor arterial street or highway
shall be located not less than 300 feet from the intersection of the
center lines of any streets.
(d)
Any additional traffic signals and acceleration and deceleration
lanes deemed necessary upon review by the Township to provide safe
and adequate access to the property shall be provided by the owner.
(e)
All streets and accessways shall be designed in a manner conducive
to safe exit and entrance requirements of the Township.
D.
E.
Shopping cart storage. Any establishment which furnishes shopping carts that are allowed outside as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated in Article VIII.
F.
Parking for townhouse, apartment and nonresidential uses.
(1)
Required off-street parking facilities as accessory to uses listed
herein shall be solely for the parking of passenger automobiles of
patrons, occupants, or employees.
(2)
No motor vehicle repair work of any kind other than emergency service
shall be permitted in parking lots of nonresidential uses.
(3)
In any case where a development abuts a state or municipal highway,
all streets in the vicinity of the development shall be adequate to
serve probable increases in traffic volume, and adequate deceleration
lanes and similar facilities shall be provided as required by the
Township.
(4)
No off-street parking shall be permitted within a required buffer yard or within a street right-of-way. See also Subsection F(6)(a) below.
(5)
Computation:
(a)
When determination of off-street parking spaces required by
this chapter results in a requirement of a fractional space, any fraction
shall be counted as one parking space.
(c)
For industrial uses, if less than one parking space is provided
for each 470 square feet of gross floor area, sufficient space shall
be preserved within the building setback lines for future expansion
of parking facilities to that number without exceeding the impervious
surface ratio.
(d)
When parking is based upon employees, it shall be based upon
the maximum number of employees on the premises during peak times
of the week which includes shift changes. Contractors and volunteer
workers shall be counted in the same manner as employees.
(6)
Additional requirements for parking areas.
G.
Reduction of nonresidential parking requirements. In order to prevent
the establishment of more parking spaces than are needed for nonresidential
uses, the Board of Supervisors may permit a conditional reduction
of parking space if the following conditions are satisfied:
(1)
The conditional reduction of parking spaces may apply if the minimum
number of parking spaces required for a land use is in excess of actual
parking needs or if the operating schedule of two or more land uses
are such that a parking lot may be shared.
(2)
The parking lot design must designate sufficient space to meet the
parking requirement. The plan shall also illustrate the layout for
the total number of parking spaces, which must be in compliance with
the impervious surface and yard requirements of this chapter.
(3)
The balance of the parking area conditionally reserved shall not
include areas for required buffer yards, setbacks, or areas which
would otherwise be unsuitable for parking spaces due to the physical
characteristics of the land or other requirements of this chapter.
The developer shall provide with the land development plan a landscaping
plan for the reserved area.
(4)
If required by the Township, the developer or owner shall post a
performance bond or other securities to cover the expense of a parking
study to be undertaken by a registered traffic engineer of the Township's
choosing who shall determine the advisability of providing the full
parking requirement. With recommendations of the parking study and
the Township Engineer, the Township shall determine if the additional
spaces shall be provided by the developer or if the area shall remain
as open space.
In connection with any building which requires the receipt or
distribution of materials or merchandise by trucks, there shall be
provided off-street loading berths not less than the minimum requirements
specified in this section:
A.
Areas provided for the loading and unloading of delivery trucks and
other vehicles and for the servicing of shops by refuse collection,
fuels, and other service vehicles shall be arranged so that they may
be used without:
B.
All required loading berths shall be located on the same lot as the
use to be served, and no portion of the vehicle shall project into
any traffic lane. No loading berth for vehicles of more than two-ton
capacity shall be located less than 100 feet from any residence district.
No permitted or required loading berth shall intrude into a buffer
yard. No truck-loading facilities shall be constructed between the
minimum building setback line and a front street right-of-way line.
C.
All off-street loading areas and areas used for the overnight parking of tractor-trailer trucks or trailers detached from tractor-trailers shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan and § 200-38.
D.
A required off-street loading berth shall be at least 12 feet in
width with a length sufficient to accommodate the largest vehicle
that will use the facility, exclusive of aisle and maneuvering space,
and shall have a vertical clearance of at least 15 feet.
E.
Each required off-street loading berth shall be designed with appropriate
means of vehicular access to an interior drive in a manner which will
least interfere with traffic movements and shall be subject to approval
of the governing body. The interior drives shall have all-weather
surfaces to provide safe and convenient access during all seasons.
G.
No storage of any kind or motor vehicle repair work of any kind,
except emergency work, shall be permitted within any required loading
berth.
H.
Space allowed to any off-street loading berth shall not, while so
allocated, be used to satisfy the space requirements for any off-street
parking facilities or portions thereof. Required off-street parking
spaces shall not be used for loading and unloading purposes except
during hours when business operations are suspended.
A.
Purpose. Buffering serves to soften the outline of buildings, to
screen glare and noise, and to create a visual and/or physical barrier
between conflicting land uses.
B.
Buffers and plant screening.
(1)
A buffer yard shall be provided and maintained with a minimum width
of 50 feet between the side and rear of any new or expanded principal
commercial or industrial use or area used for overnight parking of
two or more tractor-trailer trucks and any abutting lot line within
a residential district or FP District or any existing principal dwelling.
This buffer yard shall be increased to a minimum of 100 feet for a
principal manufacturing or warehouse use, or for a commercial use
that will be open to the public between 1:00 a.m. and 6:00 a.m. See
also berm requirements in the EC District regulations.
(a)
The buffer yard shall include mostly evergreen plant screening.
The initial height of the plants shall be four feet. The plantings
shall be of a species and use a spacing that will result in a complete
visual screen with a minimum height of six feet within three years.
The plantings shall be staggered to allow room for future growth.
American arborvitae and similar weak-stemmed plants shall not be used
for the screening. The buffer yard shall be maintained in a vegetative
ground cover and shall not be used for signs, parking, storage or
driveways, except for approximately perpendicular driveway crossings
that may be approved by the Township.
(b)
Plant screening meeting the requirements of this § 200-38B shall also be provided when an area used for the off-street parking, display, storage or sale of six or more motor vehicles is placed abutting the lot line of a principal dwelling.
(c)
Plant screening meeting the requirements of this § 200-38B shall also be provided when an area used for the overnight parking of two or more tractor-trailer trucks or two or more trailers of tractor-trailer combinations will be parked adjacent to a street or dwelling.
(d)
Plantings shall be shifted in location where needed to avoid
interference with clear sight lines at intersections.
(2)
Water towers, storage tanks, processing equipment, fans, skylights,
cooling towers, vents, and any other structures or equipment other
than radio or television antenna which are above the roofline shall
be architecturally compatible or effectively shielded from view from
any private or dedicated street by an architecturally sound method
which shall be approved by the Board before construction or erection
of said structures or equipment.
(3)
Where such screening is required, the Township may require the screening
be assured by a maintenance guarantee posted with the Township in
an amount equal to the estimated cost of trees and shrubs and planting.
In addition, the current landowner shall replace within 12 months
any required tree or shrub that dies at any time.
C.
Landscaping.
(1)
Any part or portion of a site which is not used for buildings, other
structures, loading and parking spaces and aisles, sidewalks, and
designated storage areas shall be landscaped according to an overall
landscaping plan. For a lot including more than 10,000 square feet
of nonresidential building space, the landscaping plans shall be prepared
by a registered landscape architect.
(3)
All mechanical and electrical equipment not enclosed in a structure
shall be fully and completely screened from view from any point and
in a manner compatible with the architectural and landscaping style
of the remainder of the lot. Such screening shall be subject to site
plan review by the Township and accessibility reviewed by the utility.
(5)
No more than 20 consecutive off-street parking spaces shall be placed
in a row without being separated by a planting strip not less than
10 feet in width from any other parking spaces. This requirement shall
not apply to trucking areas serving industrial uses.
(6)
For a lot including six or more off-street parking spaces, no less
than 10% of a proposed parking area must consist of buffer areas and
islands and must be landscaped and continually maintained. Planting
along the perimeter of a parking area, whether for required screening
or general beautification, will be considered as part of the required
parking area landscaping.
(7)
A minimum average of one deciduous shade tree shall be required to be planted for every 10 off-street parking spaces on a lot. Such trees shall meet the same requirements, including but not limited to species and size, as are provided in Chapter 175, Subdivision and Land Development, for street trees.
(8)
Plantings shall be shifted in location where needed to avoid interference
with clear sight lines at intersections. Low-level shrubbery shall
be avoided where traffic lanes intersect.
A.
For safety and security, the parking, loading, vehicle ingress, and
vehicle egress areas of any principal business or apartment use shall
be provided and maintained with a minimum of 0.5 footcandle measured
on the ground. Lights shall be provided on fixtures with a mounting
height of not more than 25 feet or the height of the building, whichever
is less, measured from ground level to the center line of the light
source.
B.
All outside lighting shall be directed, arranged and shielded in
such a way as to avoid a nuisance to reasonable persons on any other
lot or glare for motorists upon a street.
(1)
Streetlighting exempted. This § 200-39 shall not apply to streetlighting that is owned, financed or maintained by the Township or the state.
(2)
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
(3)
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 20 and January
10.
(4)
Spillover. Exterior lighting on a lot shall not cause a spillover
of light onto a residential lot that exceeds 0.5 footcandle measured
10 feet inside a lot line of an existing principal residential use.
(5)
Canopies. Light fixtures under commercial canopies (such as over
gasoline pumps) shall be placed so that the cover is recessed or flush
with the bottom surface of the canopy and/or shielded by the edge
of the canopy so that light source is not directly visible from beyond
the property.
C.
When a business is not in operation, sign lighting shall be turned
off between the hours of 12:00 midnight and 6:00 a.m. if the lighting
would shine towards dwellings. When a business is not in operation,
exterior lighting shall be reduced to the amount necessary for security
and safety purposes between the hours of 12:00 midnight and 6:00 a.m.
A.
General provisions.
(1)
It is mandatory that the recorded plan and the deeds and/or a conservation
easement shall indicate that there shall be no additional development
and subdivision of common open space, except for improvements as may
be specifically approved by the Township for a preserved agricultural
lot, a golf course open to the public, noncommercial recreation or
similar approved use. The common open space shall be restricted against
any future building, development, or activity that is contrary to
the Township-approved use of the land. The approved plans may provide
for buildings and improvements for noncommercial recreation, golf
course, equestrian or agricultural purposes compatible with the approved
use of the common open space.
(2)
All documents pertaining to the conveyance, use and maintenance of
the common open space shall be subject to the approval of the Board
of Supervisors, prior to recording of the final plan, and after review
by the Township Solicitor.
(3)
Layout.
(a)
A minimum of 75% of the required common open space shall be
in one lot or two contiguous lots that are only separated by one street
or a creek.
(b)
To the maximum extent feasible, in the determination of the
Township, the required common open space shall be placed in one of
the following locations, unless another alternative is specifically
approved by the Township.
[1]
On a lot that has a configuration and physical characteristics
that are suitable for an allowed agricultural, plant nursery, tree
farm or equestrian use.
[2]
On a lot that is suitable for public recreation and which the
Board of Supervisors is willing to accept as a public recreation land,
or on a lot that is adjacent to existing or proposed public recreation
land or public recreation trail.
[3]
On a lot that is on the perimeter of the tract in a location
that could be interconnected with existing, planned or potential common
open space on an adjacent tract.
[4]
Adjacent to a creek or river.
[5]
Adjacent to active farmland in a manner that the common open
space serves as a buffer between homes and agricultural uses.
B.
Common open space design standards.
(1)
Areas set aside for open space shall be suitable for the designated purpose and shall be laid out to connect with existing or potential common open space on any adjacent tract. Where structures relating to common open space or recreational activity are located in approved common open space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform to the provisions of Uses A-1 through A-9 in § 200-28.
(2)
Any land set aside as common open space must be made subject to a
deed restriction or conservation easement in a form acceptable to
the Township and duly recorded in the office of the Recorder of Deeds
of Northampton County.
C.
Methods of conveyance and maintenance. All common open space shown
on the final development plan as filed with the Township and subsequently
recorded in the office of the Recorder of Deeds of Northampton County
must be conveyed in accordance with one or more of the following methods:
(1)
Dedication in fee simple to the Township:
(a)
The Township may, at the discretion of the governing body, accept
any portion or portions of the common open space, provided:
[1]
If, upon the recommendation of the Planning Commission, it is
determined that such land is suitable regarding size, shape, location,
and access, the governing body may determine that such lands will
benefit the general public of the Township;
[2]
The Township agrees to and has access to maintain such lands;
and
[3]
The titles are conveyed to the Township without cost.
(2)
Conveyance of title in fee simple to a conservancy organization,
entity controlling a golf course, property-owner association, entity
controlling agricultural or equestrian land, or other Township-approved
legal entity:
(a)
The terms of such instrument of conveyance must include provisions
suitable to the Township, assuming such organization shall guarantee:
[1]
The continued use of such land for the intended purpose in perpetuity;
[2]
Continuity of proper maintenance for those portions of the common
open space requiring maintenance;
[3]
Available funds required for such maintenance;
[4]
Adequate insurance protection if the land will be open to others;
[5]
Provision for payment of applicable taxes;
[6]
Recovery for loss sustained by casualty, condemnation, or otherwise;
[7]
The right of (but not the responsibility of) the Township to
enter upon and maintain such property at the expense of the entity
in the event the entity fails to maintain the property; and
[8]
Such other covenants and/or easements to fulfill the purposes
and intent of this chapter.
(b)
The following are prerequisites for a corporation or association:
[1]
The Township, prior to final plan approval, must approve the
corporation or association, and the liens recorded before any homes
or dwelling units are sold, leased or otherwise conveyed.
[2]
Membership must be mandatory for each buyer and/or lessee. The
organizational paper shall specify the voting rights as per adult,
per unit, or per bedroom. The organizational papers shall set forth
the manner and time of transference of the organization and its assets
from developer to homeowner.
[3]
It must be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation, or otherwise, and the
maintenance of recreational and other facilities.
[4]
Members or beneficiaries must pay their pro rata share of the
costs, and the assessment levied can become a lien on the property,
including any maintenance and associated administrative costs incurred
by the Township.
[5]
It must be able to adjust the assessment to meet conditions
by a stated margin of votes.
[6]
Such corporation or association shall not be dissolved nor shall
it dispose of the common open space by sale or otherwise, except to
an organization conceived and established to own and maintain the
common open space. The corporation or association must first offer
to dedicate the common open space to the Township before any such
sale or disposition of the common open space.
(c)
The dedication of common open space, streets, or other lands
in common ownership of the corporation, association, individual, or
other legal entity shall be absolute and not subject to reversion
for possible future use for further development.
(d)
A golf course may only be counted as required common open space
if it will be open for play by the general public. Areas of a golf
course that include buildings, parking and vehicle driveways shall
not count as common open space.
(3)
Conveyance of restrictive covenants, conservation easements, or other
legal device to a municipality or a conservancy, corporation, association-funded
community trust, condominium, individual or other legal entity to
insure the preservation of the common open space. In such case, the
Township may allow the common open space to be lotted off to one or
more adjacent fee-simple lots, provided:
(b)
The following are prerequisites for the conveyance of easements,
etc.;
[1]
Such conveyance of the total easements, etc., must transpire
prior to any lots or dwelling units being sold, leased, or otherwise
conveyed;
[2]
Each owner of the common open space shall be responsible for
liability insurance, insurance, taxes, recovery of loss sustained
by casualty, condemnation, or otherwise, and the general maintenance
thereon.
D.
Use regulations for common open space.
(1)
No motor vehicle parking shall be permitted in the common open space
area except to serve noncommercial recreation and allowed agricultural
purposes.
(2)
No forestry shall be allowed in the common open space, except as
may occur to remove damaged, dead or diseased trees or as may involve
active reforestation according to a landscaping plan, or as may be
allowed to clear space for an approved use.
(3)
No alteration of any stream, pond, or lake shall be permitted within
prior approval by the Township.
(4)
In the case of land owned by a property-owner association, the agreement
shall provide for a process for approval of changes to common open
space by the property owners, provided such changes are consistent
with the Township-approved plan and any Township-approved revision.
A.
Purposes.
(2)
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of Braden Airpark located in Forks
Township, and property or occupants of land in its vicinity; that
an obstruction may affect existing and future instrument approach
minimums of Braden Airpark; and that an obstruction may reduce the
size of areas available for the landing, takeoff, and maneuvering
of aircraft, thus tending to destroy or impair the utility of Braden
Airpark and the public investment therein. Accordingly, it is declared:
(a)
That the creation of establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Braden
Airpark or its successor.
(b)
That it is necessary in the interest of the public health, public
safety, and general welfare that the creation or establishment of
any obstructions that are a hazard to air navigation be prevented;
and
(c)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
(3)
It
is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
B.
AIRPORT
AIRPORT ELEVATION
APPROACH
APPROACH SURFACE
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HEIGHT
NONCONFORMING USE
OBSTRUCTION
PERSON
PRIMARY SURFACE
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions for airport area protection standards. As used in this
section, the following terms shall have the meanings indicated:
Braden Airpark, or its successor.
399 feet above mean sea level.
Transitional, horizontal, and conical zones. These zones
are set forth in this section.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 200-41D of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map,[3] the datum shall be mean sea level elevation unless otherwise
specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 200-41D of this chapter.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 200-41C of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation, and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center lines extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[3]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Airport zones. In order to carry out the provisions of this chapter,
there are hereby created and established certain zones which include
all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply
to Braden Airpark. Such zones are shown on the Airport Zoning Map
- Braden Airpark, in an area shown as Braden Airpark, consisting of
one sheet dated January 3, 1983, which was prepared under the direction
of the Pennsylvania Department of Transportation and is hereby incorporated
as part of this chapter.[4] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
(1)
Utility runway visual approach zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 1,250
feet at a horizontal distance 5,000 from the primary surface. Its
center line is the continuation of the center line of the runway.
(2)
Transitional zones. The transitional zones are the areas beneath
the transitional surfaces.
(3)
Horizontal zone. The horizontal zone is established by swinging arcs
of 5,000 feet radii from the center of each end of the primary surface
of each runway and connecting the adjacent arcs by drawing lines tangent
to those arcs. The horizontal zones do not include the approach and
transitional zones.
(4)
Conical zone. The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward there
from a horizontal distance of 4,000 feet.
[4]
Editor's Note: Said map is on file in the Township offices.
D.
Airport zone height limitations. Except as otherwise provided in
this chapter, no structure shall be erected, altered, or maintained,
and no tree shall be allowed to grow in any zone created by this chapter
to a height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
(1)
Utility runway visual approach zone. Slopes 20 feet outward for each
foot upward beginning at the end of and at the same elevation as the
primary surfaces and extending to a horizontal distance of 5,000 feet
along the extending runway center line.
(2)
Transitional zones. Slopes seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 150
feet above the airport elevation which is 399 feet above mean sea
level. In addition to the foregoing, there are established height
limits sloping seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the approach surface, and
extending to where they intersect the conical surface.
(3)
Horizontal zone. Established at 150 feet above the airport elevation
or at a height of 549 feet above mean sea level.
(4)
Conical zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
(5)
Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree to a height up to 50 feet above the surface of
the land.
E.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use may be made of land or water within any zone established by
this chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to
use the airport.
F.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this chapter
shall not be construed to require the removal, lowering, or otherwise
change or alteration of any structure or tree not conforming to the
regulations as of the effective date of this chapter, or otherwise
interfere with the continuance of a nonconforming use. Nothing contained
herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which
was begun prior to the effective date of this chapter, and is diligently
prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed
necessary to indicate to the operators of aircraft in the vicinity
of the airport the presence of such airport obstruction. Such markers
and lights shall be installed, operated, and maintained at the expense
of Braden Airpark.
G.
Permits.
(1)
Future uses.
(a)
Except as specifically provided in Subsection G(1)(a)[1], [2] and [3] hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with this section.
[1]
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree less than 75
feet of vertical height above the ground, except when, because of
terrain, land contour, or topographic features, such tree would extend
above the height limits prescribed for such zones.
[2]
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree less than
75 feet of vertical height above the ground, except when such tree
would extend above the height limit prescribed for such approach zones.
[3]
In the area lying within the limits of the transition zones
beyond the perimeter of the horizontal zone, no permit shall be required
for any tree less than 75 feet of vertical height above the ground,
except when such tree, because of terrain, land contour, or topographic
features, would extend above the height limit prescribed for such
transition zones.
(b)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree in excess of any
of the height limits established by this chapter.
(2)
Existing uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure,
or tree to become a greater hazard to air navigation than it was on
the effective date of this chapter or any amendments thereto or than
it is when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
(3)
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer
determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated, or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from the zoning
regulations.
(4)
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed in accordance with the requirements of Article XII and a further finding that the variance will not create a hazard to air navigation. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
(5)
Obstruction marking and lighting. Any permit or variance may, if
such action is deemed advisable to effectuate the purpose of this
chapter and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to install,
and maintain, at the owner's expense, such markings and lights as
may be necessary.
H.
Enforcement. It shall be the duty of the Zoning Officer to administer
and enforce the regulations prescribed herein.
I.
Conflicting regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, and the use
of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail.
