Township of Horsham, PA Performance Standards

Trees and shrubs used for a screening shall be composed of at least 75% evergreen trees and shrubs and shall be so arranged as to provide an immediate visual screen of 50%. Evergreen trees shall be at least eight feet in height at the time of planting. The balance of the plantings may be deciduous trees and shrubs.

Walls, ornamental structures, fences and berms or a combination of these, not less than 6.5 feet in height, may be used in combination with appropriate plant material subject to the specific land uses areas involved and as approved by the Township.

[Amended 12-9-1998 by Ord. No. 1149]

Innovative means of screening are encouraged; however, there shall be a minimum of one evergreen tree and three shrubs for each 12 linear feet of property line.

The planting screen shall be broken only at points of vehicular or pedestrian access.

Credit shall be received for existing plant material which qualifies as an effective screen and which is preserved and protected in a healthy condition following construction of the tract.

Perimeter buffer. Perimeter buffers are required along existing public right-of-way in all residential zoning districts. The following specific requirements shall be adhered to:

[Added 12-9-1998 by Ord. No. 1149]

Every effort shall be made to retain as many trees, particularly along public rights of way, as possible, so as to promote their continued growth and natural regeneration. The retention of existing trees can be counted toward the street tree requirement of Chapter 198, Subdivision and Land Development, so long as they are at least four inches in caliper and within 20 feet of the curb or road edge.

Perimeter buffers shall be required where residential units or lots back, or are located essentially perpendicular to, existing public rights of way. The following landscape treatments shall be required to screen residential spaces from the public right-of-way:

There shall be provided a continuous landscape strip of not less than 50 feet in width in which is maintained the existing vegetation and the required planting specified herein. This area may be part of the required yard or tract setbacks.

Existing trees shall be preserved to the maximum extent possible within the provided landscape strip. Supplementary understory with shade tolerant plantings of evergreen and ornamental trees shall be planted within the perimeter buffer in accordance with the softening buffer standards in Chapter 198, Subdivision and Land Development.

In areas void of vegetation, street trees averaging 40 feet on center, with trees being permitted between 30 feet and 50 feet on center, shall be provided. In addition, one evergreen tree per 50 linear feet; one ornamental or shade tree per 75 linear feet; and one shrub per 20 linear foot of road frontage shall be provided.

All plant material required under this section shall be sized in accordance with the requirements of § 198-39 of Chapter 198, Subdivision and Land Development.

The perimeter buffer shall be broken only at point of vehicular or pedestrian access, and for the construction of sidewalks, if required. In addition, the provision of safe sight distances as required by Chapter 198, Subdivision and Land Development, shall be observed in providing the perimeter buffer plantings.

In the event that there is a conflict between the perimeter buffer standards provided herein and another section of this chapter, the most restrictive requirement will apply.

§ 230-32 Off-street parking and loading generally.

[Amended 3-12-2003 by Ord. No. 1154; 2-26-2007 by Ord. No. 2007-3; 8-28-2017 by Ord. No. 2017-4; 7-11-2018 by Ord. No. 2018-3]

Any building or other structure erected, altered, or used, or any lot used or occupied, for any of the following purposes, shall be provided with minimum off-street parking spaces, as defined in Article II hereof and as set forth below, together with adequate passageways, driveways, or other means of circulation and access to and from a street or way. The parking spaces together with the driveways or passageway shall be large enough to permit the circulation or turning around of vehicles on the lot so that egress to the street or way can be made without backing in or onto the street or way. The standards contained in this article may be modified by the Township if it is deemed necessary by any unique conditions, and, at the discretion of Township Council, in appropriate cases, the Council may permit a reduction in the number of parking spaces.

Residential. For all residential uses, the required number of parking spaces per unit (excluding required overflow parking) shall be located on the same lot with the dwelling unit served by the parking space.

Single-family dwelling: three spaces per unit, not including garage spaces.

Twin, townhouses and duplex dwellings: three spaces per unit, not including garage spaces, plus overflow guest parking of .25 spaces per unit.

Multifamily dwellings and apartment units: 1/ 1/2 parking spaces per unit, provided that at no time and in no event shall the number of bedrooms in the building exceed the number of parking spaces. In addition, there shall be overflow guest parking of .25 spaces per unit.

Age-qualified community: two spaces per unit, plus one overflow spot for guest parking. Overflow spaces shall be located at multiple locations throughout the development to be accessible to all units.

Mobile home park: see § 230-80 of this chapter.

Nonresidential. For all nonresidential uses, the required parking spaces shall be at grade, all-weather and shall be located on the same lot therewith or on land adjacent thereto, except as provided in § 230-33 below:

Auto repair: one space for every 150 square feet of floor area devoted to the sale of automotive parts and accessories, plus four spaces for each service bay, plus one space per employee. Spaces within service bays shall not be used to meet parking requirements. Parking shall be to the rear of the building. No vehicle shall be stored in the open for a period exceeding seven days.

Auto sales: one space per 250 square feet of gross floor area and one space for each 5,000 square feet of total outside vehicle display area, plus one additional space for each employee. No parking space required by this chapter shall be used for the display of vehicles for sale.

Banquet facility (accessory to a principal use such as a golf course or stand alone): one space per 100 square feet of gross floor area plus one space per employee on largest shift.

Car wash: one space per 500 GF, plus one per employee. Ten waiting spaces.

Cemetery: one space per employee, plus 10 spaces for each mausoleum building.

Community center or assembly hall: one space for each 250 square feet of gross floor area.

Continuing care retirement facility.

Independent living units: three spaces per unit, not including garage spaces, plus overflow guest parking of .25 spaces per unit;

Assisted living units: one space per bed, plus one space for each employee on the largest shift; and

Skilled care units: one space for every three beds plus one space for each employee on the largest shift.

Contractor office (including, but not limited to, plumbing and contractor services): one space per 350 square feet of gross floor area plus one space for each company vehicle on site.

(9)

Convenience retail (shall be less than 10,000 square feet): one space per 100 square feet of gross floor area.

(10)

Day care, child: one space per employee plus one dropoff space per 10 children. Additionally, the center shall demonstrate a feasible plan to address special events.

(11)

Day care, adult: one space per employee plus one dropoff space per 10 patrons.

(12)

Distribution center: 1 1/2 spaces per employee on the largest shift.

(13)

Eating place (low turnover): one per 100 square feet of patron area plus one per employee on largest shift.

(14)

Eating place (high turnover): one per 50 square feet of patron area plus one per employee on largest shift.

(15)

Eating place with drive-in or drive-through: one per 100 square feet of patron area plus one per employee on largest shift. There shall also be 10 waiting or queue spaces for the drive-through.

(16)

Emergency services: three spaces per four employees on two major shifts or four per fire truck. When community room is planned two per fire truck plus one per 100 square feet of gross floor area of the facility.

(17)

Farm and garden supply center: five spaces per 1,000 gross floor and display area, indoors and outdoors.

(18)

Financial establishment: one space per 250 square feet of gross floor area, plus four queue spaces per teller if drive-through facilities are present.

(19)

Funeral home: the greater of: one space per four seats or one space for every 25 square feet of gross floor area used for viewing or ceremonial purposes plus one space per employee.

(20)

Gas (fuel) station or accessory fuel pumps: 1 1/2 spaces per employee plus one space per fueling station. When fuel sales are paired with any other use, the required parking is determined by the other use plus one space per fueling station.

(21)

Golf course: eight spaces per hole. If banquet facilities are present, spaces shall also be provided as required in Subsection B(3) of this section.

(22)

Home occupation: three spaces in addition to the number of spaces required for the residential use.

(23)

Hospital: four spaces per patient bed. In addition, parking for outpatient clinics shall be provided at one space per 200 square feet of floor area.

(24)

Indoor place of amusement: one space per 50 square feet of gross floor area for patron use, plus one space per employee.

(25)

Indoor recreation: one space per 200 square feet of gross floor area.

(26)

Laundromat (automatic self-service laundry): one space for each two washing machines, plus one for each employee on duty during the largest shift.

(27)

Library: one space per 300 feet of gross floor area.

(28)

Light manufacturing: 1 1/2 spaces per employee on the largest shift.

(29)

Lumber yard: one space for each 350 gross floor area of indoor or outdoor display.

(30)

Manufacturing: 1 1/2 spaces per employee on the largest shift.

(31)

Medical marijuana dispensary: one space per 150 square feet of gross floor area plus one space per employee.

(32)

Medical marijuana grower/processor: one space per 450 square feet of gross floor area plus one space per employee.

(33)

Mini storage facility: one parking space per 25 storage units plus loading zones as required by the Council, provided that Council may allow a reduction in the number of required parking spaces if it can be demonstrated to Council's satisfaction that unique circumstances warrant a reduction in the number of parking spaces.

[Amended 8-10-2022 by Ord. No. 2022-04]

(34)

Medical office/surgical center (includes urgent care): one space per 200 square feet of gross floor area.

(35)

Motel/hotel: one space per room, plus one space per employee. If a restaurant, available to nonguests, is located in the hotel or on hotel property, the restaurant must meet separate restaurant parking requirements. If meeting rooms are available, parking shall be provided in accordance with Subsection B(6) of this section.

(36)

Museum or gallery: one space per 500 square feet of gross floor area.

(37)

Nursing home and assisted living: one space per 1,000 square feet of gross floor area, plus one space per employee.

(38)

Office (except call centers): one space per 250 square feet of gross floor area.

(39)

Office (call center): one space per 50 square feet of gross floor area.

(40)

Outdoor recreation and parks: parking needs for this use will fluctuate depending on the nature of the recreational activities offered. For that reason, the number of parking spaces to be provided shall be determined by Council in consultation with the latest edition of the Institute for Transportation Engineers' Parking Generation Rates publication.

(41)

Personal service business: one space for each 150 square feet of gross floor area.

(42)

Pet resort, spa or day care: one space per employee plus one dropoff space for each five dogs.

(43)

Pharmacy with drive-through: parking spaces shall be provided as required by Subsection B(49) or (50) of this section, plus four stacking spaces per drive-through lane.

(44)

Place of worship, community (more than 300 seats in the sanctuary): one space for each 100 square feet of gross floor area.

(45)

Place of worship, neighborhood (less than 300 seats in the sanctuary): one space for each 25 square feet in the sanctuary.

(46)

Printing: 1 1/2 spaces per employee on the largest shift.

(47)

Private recreation and age-qualified community center: one space per 250 square feet of gross floor area.

(48)

Repair shop (including, but not limited to, appliances, guns, etc.): one space for each 300 square feet of gross floor area, plus one space per employee.

(49)

Retail stores, large (more than 10,000 square feet): five spaces per 1,000 square feet of gross floor area.

(50)

Retail (less than 10,000 square feet): one space for each 150 square feet of gross floor area.

(51)

Scientific, research, engineering, or testing facility: one space per 300 square feet of gross floor area, plus one space per employee.

(52)

School, kindergarten: one space per employee plus two spaces per classroom.

(53)

School, elementary: one space per employee plus two spaces per classroom.

(54)

School, junior high: one space per employee plus two spaces per classroom.

(55)

School, high school: one space per employee plus one space per five students based on maximum capacity.

(56)

School, college: one space per employee plus one space per five students based on maximum capacity.

(57)

School, trade or professional: one space for each 250 square feet of gross floor area.

(58)

Shopping center (including supermarket): five spaces for each 1,000 square feet of gross floor area plus spaces for cart returns. If restaurants equal or exceed 20% of the gross floor area of the shopping center, parking calculations for each business in the center shall be calculated separately.

(59)

Social, civic, fraternal, cultural, or educational club: one space per 300 gross floor area, plus one space per employee.

(60)

Studio (dance, music, art): one space per each 250 square feet of gross floor area.

(61)

Tavern (floor area devoted to bar space >20%): one space per 50 square feet of floor area, plus one space per employee.

(62)

Theater: one space per 200 square feet of floor area.

(63)

Tourist home or rooming house: one space per bedroom, plus one space for each employee on largest shift.

(64)

Truck and farm equipment sales: five spaces per 1,000 square feet of gross floor area.

(65)

Utilities: the greater of two spaces or one space per employee.

(66)

Veterinary office): one space per 1,000 square feet of gross floor area.

(67)

Wholesale business, warehouse: 1 1/2 spaces per employee on the largest shift.

§ 230-33 Special parking regulations.

Existing parking. 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.

Conflict with other uses. No parking areas shall be used for any use that interferes with its availability for the parking need it is required to serve.

Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.

Where any parking spaces are subject to and in conformity with multiple uses as described in § 230-32 generally, that use requiring the most restrictive amount of parking spaces will control the provision of parking spaces for the multiple use area.

Location of parking spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served; or, where this requirement cannot be met, within 300 feet of the required off-street parking.

Parking space size.

In all residential, office, and industrial districts the size of each parking space shall be no less than nine feet in width by 20 feet in length.

In all commercial districts the size of each parking space shall be no less than 10 feet in width by 20 feet in length.

All accessways shall be no less than 12 feet wide for single loaded parking and no less than 24 feet wide for double loaded parking.

If a permanent landscaped barrier is provided between rows of parking spaces, then the length of spaces may be reduced to 18 feet provided the landscaped barrier shall have a width of not less than five feet and be capable of accommodating vehicle overhang.

§ 230-34 Reduction of nonresidential parking facilities.

In order to prevent a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Township Council, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:

The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.

The conditional reduction shall provide for the establishment of not less then 80% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.

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. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.

The developer shall enter into a written agreement with the Township that the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development.

At the time of the above stated agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic 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. The bond shall also include the estimated cost of the installation of the parking spaces. If the study determines the spaces are not needed, this money shall be refunded. Said study shall be undertaken one year after the issuance of the last occupancy permit pursuant to Subsection D above. With the recommendations of the traffic engineer, the Township Engineer, and the Planning Commission, the Township shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.

Land which has been determined and designated by the Township to remain as open space rather than as required parking shall not be used to provide parking spaces for any building addition or expansion but shall remain as open space.

§ 230-35 Off-street loading.

Adequate off-street loading and unloading space with proper access from a street, highway, or common service driveway shall be provided on any lot on which a building or buildings used for commercial, business, industrial, or an institution, apartment house, or similar use is located. All areas for loading and unloading of delivery trucks and other vehicles and for the servicing of establishments or shops by refuse collection, fuel, and other service vehicles shall have adequate and unobstructed access from a street or service driveway and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile access ways, parking facilities, or pedestrian ways. They shall also be so arranged that they may be used without backing out onto a street.

For industrial uses, there shall be one loading berth for the first 15,000 square feet of gross floor area and one additional loading berth for each subsequent 12,000 square feet of gross area or fraction thereof. Each loading space shall be not less than 14 feet by 65 feet in area and may occupy all or any part of any required side or rear yard except that portion which is required to be used for buffer areas.

For commercial and business uses, adequate off-street parking for the loading and unloading of goods and material shall be provided in accordance with the size and proposed use of the building. Each off-street loading space required in these areas shall be a minimum of 12 feet by 35 feet in area. The number and adequacy of such loading and unloading spaces shall be determined by the Township Council at the time of development plan approval upon consideration of the following factors:

Ingress and egress to an adjacent street, alley or driveway;

Location in relation to vehicular circulation in adjacent areas; and

The nature of the establishment and its required schedule of loading and unloading.

§ 230-36 Highway frontage and access.

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, no parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb, barrier planting strip, wall, or other effective barrier against traffic, and each parking lot 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. No such accessway shall be more than 35 feet in width excluding any medial area. No accessway shall be less than 12 feet in width. When the applicant can demonstrate the increased width improves accessway safety, the accessway may exceed 35 feet in width in commercial, industrial, and office/nonmanufacturing districts. Points of vehicular egress or ingress shall be at least 100 feet in I-3 and all commercial districts except C-1 Districts; at least 300 feet in the I-2 District; and at least 500 feet in C-1, I-1 and O-1 Districts. In all other nonresidential districts the points of egress and ingress shall be at least 100 feet from any intersection. In any event, points of egress and ingress shall be reviewed by the Planning Commission and established to maximize public safety.

§ 230-37 Parking for the physically disabled.

Parking spaces shall be provided for the physically disabled in accordance with all Commonwealth of Pennsylvania and federal standards. Each space shall have a width of not less than 12 feet.

§ 230-38 Parking area design standards.

The following regulations shall govern parking and circulation within lots to be developed in the commercial, office, and industrial districts, and shall also govern on lots to be redeveloped in the district to the maximum extent feasible:

For double parking bays, 15% of the area of each parking space may be maintained in grass or plantings, provided that the area is separated from the paved area by a curb or bumper.

The owners of two or more adjacent lots may elect to share common parking facilities according to the following requirements:

An application to do so shall be filed jointly by all affected lot owners with the Zoning Officer accompanied by a plan showing the location of all proposed parking, parking reserved areas, and accessways as well as all buildings which shall use the common parking area.

The aggregate number of parking spaces required for all uses which will share the common parking area may be reduced up to a maximum of 25% if the applicant can demonstrate to the Zoning Officer's satisfaction that a greater efficiency is effected by joint use of a common parking area, or that other circumstances warrant such reduction (i.e., complementary operating hours of the uses which will be sharing the parking area). Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces normally required shall be fully designed as required in § 230-34C and F, and the area which is proposed to be eliminated shall be shown as "parking reserve area." Such area shall be required to be developed as designed if and when the Zoning Officer determines the need. The parking reserve area shall be so designed that the minimum area of vegetative cover will not be reduced below the percentage required by the zoning district in which located in the event the entire parking area, including reserve areas, is subsequently developed. All parking reserve areas shall be landscaped according to an approved plan.

For purposes of determining the number and location of accessways, the entire area devoted to common parking shall be considered as one parking lot.

Some portion of the common parking area shall be within 200 feet of an entrance, regularly used by patrons, into each use served by the common parking area.

An application to permit shared common parking shall be contingent upon each lot owner obtaining any necessary access easements and rights-of-way.

Internal access roads (exclusive of aisles adjacent to rows of parking spaces) shall have the following minimum dimensions:

Twenty feet for one-way traffic; and

Twenty-four feet for two-way traffic.

Any internal access roads designed solely for delivery vehicles or for access to refuse collection areas may be dimensioned according to the standard for one-way traffic.

In both R-6 and R-7 Districts, no parking area shall be located within 50 feet of any building.

§ 230-39 Development requirements for multiple dwellings.

The general plan for multiple dwelling development in R-6 and R-7 Districts shall include evidence and facts showing that it has considered and made provision for, and the development shall be executed in accordance with, the following essential conditions:

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit.

If the development of the multiple dwellings is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of the stage.

The developer shall assure the provision of required improvements by means of a proper completion guarantee in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements exclusive of buildings of the principal use. The work shall be performed in accordance with all requirements and the approved plans, pursuant to provisions of a written agreement between the developer and Township embodying details as to manner of approval and pay out of escrow.

Minimum requirements (exclusive of hallways).

One-bedroom apartment units: 650 square feet.

Two-bedroom apartment units: 900 square feet.

Three-bedroom apartment units: 1,050 square feet.

Utilities. All buildings within the multiple dwellings shall be served by a public water supply and public sanitary sewage disposal system. All utility lines servicing the multiple dwellings shall be placed underground.

Lighting facilities provided shall be arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare of hazardous interference of any kind. Lighting facilities shall be required where deemed necessary for the safety and convenience of multiple dwelling development units.

Open space. The developer shall be required where possible to preserve or incorporate natural features such as woods, streams, and open space areas, which add to the overall cohesive development of the multiple dwelling and overall community development. However, all conditions deemed hazardous by the Township Council, including natural feature hazards, are to be eliminated, or all precautions, deemed appropriate by the Township Council to reduce the hazard, are to be provided by the developer.

Recreation. The developer shall be required to provide community areas, laundry facilities, playground and tot lots, and other services necessary for the comfort and convenience of multiple dwelling development.

§ 230-40 Procedural requirements for multiple-dwelling development.

All procedural requirements of the subdivision regulations shall be adhered to.

Additional information to be shown. The following information shall be shown on plans submitted for approval in addition to those requirements of the subdivision regulations:

Floor area (in square feet) of apartment dwelling units.

Number of bedrooms per apartment dwelling unit.

Total number of apartment dwelling units.

Total number of acres in proposed plan.

Total number of all off-street parking spaces.

Exterior vertical and horizontal building dimensions and plans.

Ground area of buildings and percent of total area covered.

Certification of a registered engineer as to above data.

§ 230-41 Procedural requirements for industrial, office and nonmanufacturing uses.

Plans for all uses except manufacturing use shall be submitted to the Township for referral to the Planning Commission prior to the issuance of any zoning permit or certificate of occupancy as provided herein and such plans shall include among other things the following:

A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, waste disposal fields and other constructional features on the lot; and all buildings, streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.

Architectural plans for any proposed buildings.

A description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazard.

Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.

Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, air pollution, water pollution, fire hazard or safety hazard.

Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke and air pollution.

The proposed number of shifts to be worked and the maximum number of employees on each shift.

Any other relevant data or evidence that the Township may require for review and recommendation to the Township Council.

The Planning Commission shall review all plans submitted to them and shall submit these plans, with recommendations thereon, to the Township Council for final consideration.

Upon receipt of plans for all uses, and recommendations thereon by the Planning Commission, the Township Council shall have the power of approval or disapproval of these plans based on their determination:

That the plan is consistent with the Comprehensive Plan for the orderly development of the Township and with the purpose of this chapter to promote the health, safety, morals, and the general welfare of the Township.

That the appropriate use of property adjacent to the area included in the plan will be safeguarded.

That the development will consist of a harmonious grouping of buildings, service and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient industrial site.

That there is adequate provision made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

That provision is made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the Township.

That adequate off-street parking and loading space is provided (in accordance with § 230-32) as an integral part of the plan.

That all buildings within the development shall be served by a central sanitary sewage disposal system.

That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development at the completion of any stage.

§ 230-42 Outdoor storage and waste disposal.

No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.

No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

§ 230-43 Electric, diesel, gas or other power.

Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, and shall be so constructed and installed to be an integral part of the architectural features of the plant.

§ 230-44 Industrial waste or sewage disposal.

No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste into any reservoir or lake, or discharge any untreated sewage or industrial waste into any stream. All methods of sewage industrial waste treatment and disposal shall be approved by all applicable governmental bodies and agencies.

§ 230-45 Procedural requirements for commercial and industrial uses.

Applications and plans for any commercial, industrial, office and nonmanufacturing, and apartment building use shall be filed with the Township Council and reviewed by the Planning Commission. Final approval must be obtained from the Township Council prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXXV. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or layout of the area not scheduled for immediate development will suffice initially, provided that as further development occurs, a plan showing all of the required detail shall then be submitted prior to the construction of any portion. Information to be shown on all shopping center plans shall include:

A plot plan of the lot showing the location of all present and proposed buildings, sidewalks and other areas to be devoted to pedestrian use, drives, paving lots, loading and unloading areas and other constructional features on the lot; and all buildings, streets, alleys, highways, streams and other topographical features of any lot lines.

Architectural plans for any proposed buildings.

A description of the commercial uses proposed, including approximate number of employees and expected number of customers, in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazard.

Engineering and architectural plans for the treatment and disposal of sewage.

Any other data or evidence that the Planning Commission may require.

§ 230-46 Building height in nonresidential districts.

No nonresidential building or structure shall be higher than 45 feet including chimneys, elevator, penthouse, tanks, cooling towers, air handlers, antennas and similar projections. The roof of the topmost floor shall not be higher than 40 feet and no building shall contain more than three floors.

§ 230-47 Major residential development alternative.

In order to encourage a creative and flexible approach to the use of land, a desirable visual character in residential areas, a variety of housing types, the creation of open space corridors throughout the Township to protect the environment, and provide recreation and more efficient development in terms of streets and utilities, this section is intended among other things to provide for a variation in lot sizes in large-scale residential developments so that desirable open space, tree cover, historic sites, recreation areas, scenic vistas, stream valleys, or other lands for private and public purposes are preserved within these developments.

Procedure and qualifications. The standards of this section may be applied to a proposed subdivision or land development which is served by both public water and public sanitary sewer service provided by a municipal water/sewer authority or public utility and which contains a minimum lot area of 100 acres and which is located in either an R-5, R-6 or R-7 Residential District as a conditional use by the Township Council after recommendations by the planning agency pursuant to the standards set forth in this section. The burden of proving compliance with the required standards shall be on the applicant. A conditional use shall expire three years from the date of its being granted.

Procedural requirements.

An application for a conditional use shall be accompanied by a plan which shall include information required by Chapter 198, Subdivision and Land Development, and shall also include all information required by this section and other pertinent sections of this chapter.

The Township Council shall hold a public hearing within 60 days after an application is filed. Public notice of the hearing shall be given in accordance with § 230-250 of this chapter and the Township Council shall render a decision within 45 days after the date of the public hearing. The criteria to be considered by the Township Council in considering a request for a conditional use shall be as follows:

That the plan will provide for the orderly development of the Township consistent with the purposes of this chapter and promote the health, safety, morals, and the general welfare of the Township.

That the appropriate use of property adjacent to the area included in the plan will be safeguarded.

That there is adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

That adequate off-street parking and loading space is provided as an integral part of the plan.

(g)

Editor's Note: Former Subsection B(2)(h), which immediately followed, regarding the Willow Grove Naval Air Station, was repealed 2-13-2013 by Ord. No. 2013-3.

At the time of rendering a decision the Township Council may impose special measures or conditions as is deemed reasonably necessary and appropriate for the use to conform with the intent of the chapter.

In the event that the conditional use requested is granted, then the applicant shall pursue the plan processing procedures of Chapter 198, Subdivision and Land Development, in order to obtain final plan approval.

Community impact analysis.

At least 30 days prior to the public hearing, the applicant shall submit to the Township Council a community impact analysis, which analysis shall show the potential effects of the development upon public facilities, utilities and highway systems within Horsham Township. A comparison of the costs to the Township versus the revenues to the Township produced by the development shall be included in the analysis. A similar comparison of costs and revenues to the Hatboro-Horsham School District shall also be included.

The community impact analysis shall be prepared by an individual or firm who is qualified to prepare such an analysis and the name of the individual or firm shall be first submitted to the Township Council for its determination of qualification. The Township Council shall have the option to retain the services of any independent and qualified individual or firm to prepare a community impact analysis, at the developer's cost, at the option of the Township Council.

This analysis shall include, but need not be limited to, the following:

Total number of dwelling units by type of unit, floor area and number of bedrooms in dwelling units, total number of all off-street parking spaces.

Total number of acres and percent of total acres covered by buildings and roads, parking and all other impervious surfaces.

Documentation of projected increase in demand for sewer and water services and for school facilities.

Preliminary plans for the handling of traffic, noise, water pollution, fire hazard or safety hazard.

Preliminary plans for the construction of required storm and sanitary sewer systems and erosion and sedimentation control.

Development in stages. Approval may be granted in stages if the following criteria are met:

The development schedule must be approved by the Township. This schedule shall show timetables to completion and shall be subject to an annual review by the Township Council.

The establishment of the common open space and the construction of improvements as detailed in the development plan must proceed concurrently with construction of the dwelling units, and must be completed no later than six months after the construction of all dwelling units.

At each stage, the gross residential density for that stage in addition to all preceding stages may not exceed the approved gross density for the total development by more than 20%.

The landscaping for each stage will be 70% complete before proceeding to the next stage.

Any permitted commercial use shall not be constructed until such time as at least 35% of the proposed residential units have been constructed.

Each stage submitted for subdivision approval shall include not less than 20% of the total number of dwelling units proposed in the overall development plan and not more than 30%.

Definitions. Words which are defined in this section shall be construed in accordance with the definition section of this chapter or the definition section of Chapter 198, Subdivision and Land Development, whichever is applicable. The performance standards set forth in Article V of this chapter shall be complied with and in all cases where sections and paragraphs of Article V refer to R-6 and R-7 Districts, they shall be deemed to refer to R-5, R-6 and R-7 Residential Districts, with the exception of § 230-32. Similarly, any reference to development requirements for multiple dwellings shall apply to this section.

Permitted uses.

Permitted residential uses. A mix of housing types shall include the following categories:

Detached single-family dwellings.

Semidetached single-family dwellings and/or quadraplexes.

Attached single-family dwellings (townhouses).

Garden apartments.

Permitted nonresidential uses. The area devoted to nonresidential uses (with the exception of public and parochial schools) shall not exceed 5% of the gross site area.

Commercial uses such as service retail shops or stores, service businesses and restaurants, designed primarily to serve residents of the development, professional or business office uses, including branch banks (these uses shall not exceed 1% of the gross site area or two acres, whichever is larger, and the requirements of C-2 General Commercial District shall apply).

Institutional uses such as schools, nursery schools and day-care centers, churches and community recreation centers.

Accessory uses customarily incidental to any of the foregoing uses.

Design requirements.

Common open space. Common open space shall be provided in all major residential developments. The area set aside and preserved for open space shall aggregate no less than 25% of the total site area. At least 1/2 of the minimum required open space land must be free of surface water no less than 300 days out of every calendar year in order to be readily accessible and usable for active and passive recreation. Significant natural features shall be incorporated into common open space whenever possible. The common open space shall be designed as a contiguous area if possible, and shall be interspersed with residential areas so as to provide pedestrian access and visual amenity.

Mix. Detached single-family dwelling units may be required in order to provide transition to adjacent single-family residential districts.

Coverage. The percentage of the lot which is to be covered by buildings, roads, parking areas, and other permeable cover shall not exceed 40% of the total lot area.

Privacy. Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the development and maintain privacy for residents adjacent to the development. Recreational and nonresidential uses shall be located and designed so as not to interfere with nearby residential areas. All structures and activities located near the periphery of the site shall be designed so as to be harmonious with neighboring areas.

Site planning. This chapter and Chapter 198, Subdivision and Land Development, shall apply, except as otherwise indicated herein.

Lot sizes, setbacks and lot widths for single-family and duplex dwelling units shall be as specified in Section 1002. Setbacks for multiple dwellings shall maintain at least 40 feet from a street right-of-way. The word "lot" as used in this section shall not prevent the sale of individual townhouse units in fee, provided that individual lots shall contain at least 1,600 square feet. The minimum distance between buildings shall be 20 feet between side walls having no windows or doors, 35 feet between windowless side walls and windowed walls, and 75 feet between windowed walls.

No structure shall be less than 40 feet from the property lines of the development and a planting strip of at least 20 feet in depth shall be provided along all property lines at the periphery of the development where necessary to protect the privacy of neighboring residence.

Sidewalks shall not be required on more than one side of a dedicated street nor shall sidewalks be required when a nearby pedestrian walkway serves as an adequate substitute.

No developed recreational facility shall be permitted within 200 feet of an adjacent residential area developed at the time of the application for conditional use.

Parking. Parking spaces shall be screened from adjacent windows and residential roads and all parking areas storing 10 or more cars shall have not less than 10% of the area devoted to interior parking lot landscaping. Both parking spaces and parking access drives for multiple dwellings shall be located no closer than 20 feet to any building or residential street right-of-way.

Density.

[Amended 9-16-1998 by Ord. No. 1147]

The allowable density shall be that specified by the density calculation for the zoning district where the residential development is located.

Increased density. The maximum allowable density may be no more than five dwelling units per acre in an R-5 Residential District; no more than six dwelling units per acre in an R-6 Residential District; and no more than eight dwelling units per acre in an R-7 Residential District. The developer must furnish sufficient detailed information along with his community impact analysis to clearly demonstrate defined need for increased housing within Horsham Township in excess of the available housing stock and prove to the satisfaction of the Township Council that the construction of the proposed development will be completed in such a way that either through capital contributions or the construction of capital improvements, the following systems will not be impaired or overburdened by the construction of the proposed development:

The road system within Horsham Township.

The sanitary sewer system within Horsham Township.

The storm sewer system within Horsham Township.

The creeks, streams and other waterways within Horsham Township.

The Hatboro-Horsham School District. (A school site may be designated providing that the Hatboro-Horsham School District agrees with the school site designation and the land occupied by the school site shall not be excluded for purposes of calculating the number of dwelling units permissible.)

The water supply system within Horsham Township.

(g)

The protection of the health, safety and morals of the residents of Horsham Township, including library service, police service and fire service.

Building size. The greatest dimension of a multiple-dwelling structure shall not exceed 130 feet, except that when the distance between front and back of the structure equals or exceeds 50 feet achieved by incremental setbacks of between five and 10 feet, the length of the structure may be increased to no more than 220 feet.

Height regulation. The height of any building shall not exceed 35 feet or three stories.

Management and maintenance of common open space and recreational facilities.

There shall be provisions which insure that the common open space and, all public facilities not dedicated to Horsham Township, and the exterior of all buildings shall be properly maintained and repaired. These provisions shall be in a form acceptable to Horsham Township. With respect to the common open space, the developer shall either (a) dedicate such land to public use of Horsham Township, or other public agency that has indicated that it will accept such dedication; (b) retain ownership and responsibility for maintenance of such open land; or (c) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of Item (c) above, each organization shall be a nonprofit homeowners' organization, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

If a homeowners' association or an open space trust is formed, it shall be subject to the following regulations:

Membership in the organization shall be mandatory for all owners of dwelling units within the development and the membership shall run with the land.

The organization shall be responsible for maintenance, insurance, taxes on all common open space, recreation facilities and other public facilities including but not limited to roads, gutters, sidewalks, curbs, drainage systems, water distribution systems, sewerage systems, lighting systems, and any other public facility not dedicated to Horsham Township.

Horsham Township shall have the right to cite any violations in maintenance and repair and after notice, perform such necessary maintenance and repair and charge to the organization the cost of such work.

Special regulations. The provisions of this amendatory ordinance shall apply to any portion, phase, or stage of a major residential development for which conditional use approval has been granted pursuant to Subsection B, but where no preliminary subdivision or land development plan has been filed for that portion, stage or phase thereof within three years from the filing of an application for preliminary plan approval for the first portion, stage or phase. The phrase "proposed total number of dwelling units" as set forth in Subsection F(1) shall mean those units proposed for the portion, phase or stage described in any application submitted; each stage or phase shall be viewed as an entire development for the purpose of calculating the required mix of housing types.

§ 230-48 Height of structures.

Unless specified otherwise within each district, the height of a principal structure shall not exceed the height specified for principal building and the height of an accessory structure shall not exceed the height specified for accessory building.

§ 230-49 Environmental resource protection.

[Added 9-16-1998 by Ord. No. 1147]

In addition to the legislative intent of § 230-2, and in order to implement the objectives of the Horsham Township Comprehensive Plan and the Horsham Township Open Space Plan, the primary purpose of this section is as follows:

To recognize that many undeveloped parcels in Horsham Township contain significant amounts of environmentally sensitive resources including floodplains, slopes, wetlands, streams, and woodlands.

To recognize that disturbance of these environmentally sensitive resources results in negative impacts to the public health, safety, and welfare by causing greater erosion, siltation and sedimentation, flooding, degradation of water quality, and other adverse effects on the environment

To reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies.

To promote, protect and facilitate proper density of land use based on a site's capacity; the provisions of adequate light and air; the provision of a safe, reliable and adequate water supply for domestic, commercial agricultural or industrial use; the preservation of the natural, scenic, and historic values in the environment; and the preservation of forests, wetlands, aquifers, and floodplains.

To require protection of environmentally sensitive features to the greatest extent possible by minimizing disturbance of these areas.

To conserve natural features important to protect natural resources; recognizing that headwater areas are highly sensitive to disturbance from the impact of human activity.

Density determination.

The determination of density or intensity of land use shall apply to any subdivision or land development for any use, and include any site that contains any protected area.

The disturbance standards described in this section shall apply to all uses and activities established after the effective date of this chapter. Site alterations, regrading, filling, or clearing of any natural resources, not expressly permitted within this chapter, are prohibited; provided that nothing in this section shall prohibit agricultural and forestry uses permitted by Act 133 of 1982 (Right to Farm Law).[1]

Editor's Note: See 3 P.S. § 951 et seq.

In the event that two or more resources overlap, the resource with the greatest protection standard shall apply.

Determination of density and intensity of use.

The site's base site area shall be determined by subtracting all existing and proposed public and private road and utility rights-of-way, and land shown on previously approved subdivision or land development plans as reserved for open space from the total site area.

The site's protected area shall be determined by calculating various environmentally sensitive areas, multiplying them by their respective open space ratio, and totaling the acreage to obtain the protected area as shown below:

[Amended 2-26-2007 by Ord. No. 2007-3]

Area of Resource		Open Space Ratio
Floodplain	____ ac.	x	100% =	ac.
Wetlands	_____ac.	x	100% =	ac.
Lakes and ponds	_____ac.	x	100% =	ac.
Watercourses	_____ac.	x	100% =	ac.
Steep slopes of 25% and over	_____ac.	x	80% =	ac.
Steep slopes of between 15% to 25%	_____ac.	x	70% =	ac.
Woodlands (excluding residential subdivisions for single-family detached dwellings of 5 lots or less¹)	_____ac.	x	80% =	ac.
Wetland transition areas	_____ac.	x	80% =	ac.

Total			Protected Area ac.

NOTES:
	¹Any application for subdivision or land development of a tract which is first filed after the effective date of this subsection will be cumulative for the purpose of determining whether this exemption applies. If a property which benefits from this exemption is further subdivided, the woodland regulations shall be imposed retroactively, and Council may require reforestation of areas cleared.

A site's developable area shall be determined by subtracting the protected area from the base site area.

The maximum number of lots on a site is determined by taking the site's developable area and dividing it by the applicable lot area for the zoning district in which the site is located. For districts where density determines yields, the permitted density shall be determined by taking the site's developable area and multiplying it by the applicable number of units per acre.

Steep slope regulations.

No areas of steep slopes shall be used without full compliance with the terms of this section.

Slopes of 25% or greater.

Slopes of 25% or greater shall not be altered, regraded, cleared, built upon or otherwise disturbed unless such disturbance is necessary to:

Accommodate a street, driveway, or utility line when no other feasible route for such an activity exists, and if the slope disturbance is minimized to the greatest extent feasible to accommodate such activity; or

Accommodate a trail or trails that are part of an existing or planned trail network, and are located and constructed based on accepted best management practices for minimizing erosion.

In no case shall more than 20% of land with slopes of 25% or greater be disturbed.

No more than 30% of the area of slopes greater than 15% but less than 25%, shall be altered, regraded, cleared, built upon, or otherwise disturbed.

Methodology. Steep slopes shall be determined by measuring those areas of slope on a site over three or more two-foot contour intervals. Steep slope areas of less than 1,000 square feet of contiguous land, not abutting other areas of steep slope may be excluded in determining areas of steep slope.

The Township shall exempt for man-made slopes (e.g., man-made slopes within a street right-of-way) from the provisions herein, if it is determined that alteration, regrading, clearing, construction upon such slopes will not be injurious to the health, safety and welfare of the community. It shall be the burden of the applicant to demonstrate that the steep slopes were man-made.

The disturbance standards described in this section shall apply to all uses and activities established after the effective dated of this chapter, provided that residential accessory uses will be permitted on steep slopes on residential lots in existence of the effective date of this chapter.

Wetland protection standards.

Wetland delineation. Wetlands shall be defined in accordance with the standards specified in the definition of wetlands. In the event the standard for determination of a wetland accepted by the U.S. Army Corps of Engineers conflicts with that accepted by the Pennsylvania Department of Environmental Protection, or the Environmental Protection Agency, the more restrictive standard shall be used in delineating wetland areas.

If, after examination of the site by a wetlands specialist, wetlands are found to exist, a wetlands delineation study shall be prepared by a wetlands specialist, and copies of this study (including reports, maps, and field logs) shall be submitted by the property owner to the U.S. Army Corps of Engineers for certification and to the Township and Township Engineer for review. The Township shall have the right to inspect the site as part of its review of the wetlands delineation report. If, after examination of the site, it is determined that wetlands are not located on the site, all subdivision, and land development plans, submitted to the Township must contain the following note, signed and sealed by a wetlands specialist: "I hereby certify that no wetlands exist on this site."

Wetland delineations shall be performed by wetlands specialists to include those persons being certified professional soil scientists as registered with the Registry of Certified Professionals in Agronomy Crops and Soils (ARCPACS); or as contained on consultant's list of Pennsylvania Association of Professional Soil Scientists (PAPSS); or as registered with the National Society of Consulting Soil Scientists (NSCSS), or as certified by state and/or federal certification programs; or by a qualified biologist/ecologist.

Wetlands shall not be altered, regraded, developed, filled, piped or diverted, or built upon. In the event the property owner demonstrates to the Township's satisfaction that there is no alternative, minor road crossings, utility line crossings, streambank rehabilitation, and endwalls may be permitted.

Wetland transition area.

In order to minimize the adverse impacts of human activity; to prevent groundwater contamination; to reduce surface run-off and sedimentation; to protect the hydrology of the wetland; and to protect wildlife habitats, a wetland transition area shall be established. This transition area shall be established as a buffer extending from the outer limit of the wetlands as defined in this chapter a distance of 25 feet, or the extent of hydric soils extending beyond the wetland boundary, whichever is greater. Where sensitive site features warrant additional protection, the wetland transition area shall be extended in accordance with the most restrictive of the following conditions:

Where the 300 feet of land adjacent to the outer limit of the wetlands has an average upland slope in excess of 10%, the wetland transition area shall be increased by four feet for each degree of slope above 10%, however, in no case shall the wetland transition area exceed 50 feet.

Where a herbaceous vegetational community exists on land adjacent to the outer limit of the wetlands, the transition area shall be extended to not less than 50 feet.

[3]

Where a scrub-shrub vegetational community exists on land adjacent to the outer limit of the wetlands, the transition area shall be extended to not less than 40 feet.

[4]

Where a forested vegetational community exists on land adjacent to the outer limit of wetlands, no additional transition area is required.

Where in the opinion of the Township, disturbance to the shape, but not the square footage, of a wetland transition area on a tract or parcel of land will result in minimal environmental impact and the modified transition area continues to serve the transition function, the wetland transition area may be reduced to 50% of its required width, so long as it is compensated by increasing the transition area width in another wetland transition area on the same site, and the total required wetland transition area square footage is not reduced.

The following activities are permitted in wetland transition areas:

Normal property maintenance such as mowing, pruning, and planting of native vegetation, subject to compliance with the restrictions listed in Subsection D(7).

Streets and driveway crossings, if no feasible alternative alignments are available, and the crossing does not disturb more than 0.1 acre (1/10 of an acre) of the transition area within the tract or parcel.

Underground utilities, if no feasible alternative alignments are available.

Wetland transition areas are restricted from the following activities:

Removal, dumping, filling, excavation, or disturbance of the soil, other than in association with any activities identified in Subsection D(6) hereof.

Erection of structures or paving, other than in association with any activities identified in Subsection D(6) hereof.

Destruction of plant life which would alter vegetation patterns.

Any property containing wetlands shall have included in their deed for the individual lots, or parcel, a deed restriction filed with the Montgomery County Recorder of Deeds, requiring that the wetland areas depicted on the approved subdivision or land development plan shall be maintained as wetlands in perpetuity by the owners of the land.

(9)

The disturbance standards described in this section shall apply to all uses and activities established after the effective date of this chapter, provided that residential accessory uses will be permitted in wetland transition areas on residential lots in existence as of the effective date of this chapter.

Riparian corridor preservation.

Establishment. The establishment of the Riparian Corridor Conservation District (RCCD) applies to The Stream Valley Network, Figure 5,[2] identified in the Horsham Township Open Space Plan of 1995, including all tributaries, perennial and intermittent streams leading to those streams shown in Figure 5, and including all lakes and ponds.

Editor's Note: Figure 5 is on file in the Township offices.

A residential lot legally in existence as of the effective date of this chapter, may expand the area of the principal building on the lot by not more than 25% of the ground floor area of the principal building on the property as of the effective date of this chapter without the provisions of the RCCD being applicable.

Measurement of the RCCD boundary shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at the top of the bank, or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The district will consist of two distinct zones designated as:

Zone One.

This zone will begin at each edge of an identified waterway (which can include wetlands and intermittent watercourses) and occupy a minimum width of 25 feet measured horizontally on a line perpendicular to the top of bank. The width of Zone One may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands, and other natural conditions.

Where steep slopes (in excess of 25%) are located within 25 feet of a Township designated watercourse, Zone One shall extend the entire distance of this sloped area. If the distance of this sloped area is greater than 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total corridor width (Zone One and Zone Two) will be 75 feet maximum.

Zone Two. This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One, unless modified herein.

Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.

Width determination. The developer, applicant, property owner or designated representative shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the Township for subdivision, land development, or other improvements that require plan submissions or permits. This determination shall be subject to review by the Township Engineer.

Uses permitted in the RCCD. The following uses are permitted, either by right or as a conditional use in the RCCD:

Zone One.

Uses permitted by right. Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:

Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.

Streambank stabilization.

[c]

Corridor crossings by livestock.

[d]

Property owners are permitted to remove trees as part of normal property maintenance so long as not more than 1,000 square feet of lot area is disturbed.

Uses permitted by conditional use.

Corridor crossings of recreational trails, roads, railroads, centralized sewer and/or water lines, and public utility transmission lines.

Selective cutting of extremely high economic value trees when part of a forestry operation..

Zone Two.

Uses permitted by right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone Two:

Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with methods prescribed by Chapter 102 (Erosion Control) of Title 25 of the Pennsylvania Administrative Code.

Reforestation.

[c]

Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two.

[d]

Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Chapter 102 (Erosion Control) of Title 25 of the Pennsylvania Administrative Code.

[e]

Corridor crossings by livestock.

[f]

Property owners are permitted to remove trees as part of normal property maintenance so long as not more than 1,000 square feet of lot area is disturbed.

Uses permitted by conditional use.

New agricultural uses in compliance with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative Code.

Corridor crossings of roads, railroads, centralized sewer and/or water lines, and public utility transmission lines.

[c]

Centralized sewer and/or water lines and public utility transmission lines running along the corridor. These lines shall be located as far from Zone One as practical.

[d]

Selective cutting of trees when part of a forestry operation.

[e]

Passive use areas such as camps, campgrounds, picnic areas, and golf courses. Active recreation areas such as ballfields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow.

[f]

Naturalized stormwater basins. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses.

Uses specifically prohibited in the RCCD.

Any use or activity not authorized by § 230-49 of this chapter shall be prohibited within the RCCD. By way of example, the following activities and facilities are specifically prohibited:

Clear-cutting of trees and other vegetation.

Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a Township approved reforestation project.

Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and corridor protection.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.

(g)

Roads or driveways, except where permitted as corridor crossings herein.

(h)

Motor or wheeled vehicle traffic in any area not designated to accommodate adequately the type and volume.

(i)

Parking lots.

(j)

Any type of permanent structure, including fences, except structures needed for a use permitted herein.

(k)

Subsurface sewage disposal areas.

(l)

Sod farming.

(m)

Topsoil removal.

Inspection of Riparian Corridor Conservation District.

Lands within or adjacent to an identified Riparian Corridor Conservation District shall be inspected by the Township Engineer when:

A subdivision or land development plan is submitted.

A building permit is requested.

[3]

A zoning permit is requested.

[4]

A change or resumption of a nonconforming use is proposed.

The district may also be inspected periodically by the Township representatives for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.

Management of the Riparian Corridor District.

Corridor management plan. Within any Township identified corridor area, no construction, development, use, activity, or encroachment in connection with a subdivision or land development shall be permitted unless the effects of such development are accompanied by implementation of an approved corridor management plan.

The developer, applicant or property owner shall submit to the Township Engineer, a corridor management plan prepared by a landscape architect, engineer, or other qualified professional, which fully evaluates the effects of any proposed uses on the Riparian Corridor Conservation District when subdivision or land development is proposed for a property. The corridor management plan shall identify the existing conditions (vegetation, one-hundred-year floodplain, soils, slopes, etc.), all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to the Riparian Corridor Conservation District. The plan shall be approved by Township Council as part of the subdivision and land development process.

Vegetation selection. To function properly, dominant vegetation proposed to be planted in the corridor management plan shall be selected from a list of plants most suited to the riparian corridor. Plants not included on the lists may be permitted when evidence is provided from qualified sources certifying their suitability.

In Zone One, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for streambank stabilization.

In Zone Two, dominant vegetation shall be composed of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.

[3]

Disturbed areas shall be revegetated with riparian corridor plants, in compliance with an approved corridor management plan.

[4]

Areas that cannot be revegetated shall be restored in compliance with an approved corridor management plan.

The disturbance standards described in this section shall apply to all uses and activities established after the effective date of this chapter, provided that residential accessory uses will be permitted in the RCCD on residential lots in existence as of the effective date of this chapter.

Woodlands. The following standards shall apply to woodlands:

All paving, buildings, and other structures shall be located in such a manner so as to minimize disturbance to existing trees.

No more than 20% of woodlands located in floodplains, slopes over 15%, wetlands, or wetland transition areas shall be altered, regraded, cleared or built upon.

No more than 50% of areas of woodlands not regulated by Subsection E(1) (riparian corridor regulations) shall be altered, regraded, cleared or built upon.

Smoke.

No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann smoke chart as published by the U.S. Bureau of Mines.

Smoke of a shade not darker than No. 2 on the Ringelmann chart may be emitted for not more than four minutes in any 30 minutes.

These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent capacity.

Dust and dirt, fly ash, and fumes, vapors and gases.

No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling at any point.

No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point.