The following standards shall govern in all
districts.
In addition to all other regulations contained herein, each property or use shall comply with the provisions of §
198-39 of Chapter
198, Subdivision and Land Development, as if these provisions were set forth herein at length and notwithstanding that the provisions of §
198-39 are included in Chapter
198, Subdivision and Land Development. The provisions of §
198-39 shall be applicable whether or not the proposed use or property constitutes a subdivision or land development. To the extent that any of the provisions within that chapter impose further requirements relating to landscaping beyond those contained below, then it shall be a requirement that any property or use comply with such additional requirements of Chapter
198, Subdivision and Land Development.
A. Screen buffer. Screen buffers are required for the
entire length of all common boundaries abutting noncomplementary districts,
the following landscape requirements shall be adhered to:
[Amended 2-14-1996 by Ord. No. 1144]
(1) 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.
(2) 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]
(3) 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.
(4) The planting screen shall be broken only at points
of vehicular or pedestrian access.
(5) 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.
B. 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]
(1) 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.
(2) 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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
[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.
A. 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.
(1) Single-family dwelling: three spaces per unit, not including garage
spaces.
(2) Twin, townhouses and duplex dwellings: three spaces per unit, not
including garage spaces, plus overflow guest parking of .25 spaces
per unit.
(3) 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.
(4) 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.
(5) Mobile home park: see §
230-80 of this chapter.
B. 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:
(1) 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.
(2) 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.
(3) 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.
(4) Car wash: one space per 500 GF, plus one per employee. Ten waiting
spaces.
(5) Cemetery: one space per employee, plus 10 spaces for each mausoleum
building.
(6) Community center or assembly hall: one space for each 250 square
feet of gross floor area.
(7) Continuing care retirement facility.
(a)
Independent living units: three spaces per unit, not including
garage spaces, plus overflow guest parking of .25 spaces per unit;
(b)
Assisted living units: one space per bed, plus one space for
each employee on the largest shift; and
(c)
Skilled care units: one space for every three beds plus one
space for each employee on the largest shift.
(8) 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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Parking space size.
(1) 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.
(2) In all commercial districts the size of each parking
space shall be no less than 10 feet in width by 20 feet in length.
(3) 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.
(4) 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.
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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
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.
A. 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.
B. 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:
(1) Ingress and egress to an adjacent street, alley or
driveway;
(2) Location in relation to vehicular circulation in adjacent
areas; and
(3) The nature of the establishment and its required schedule
of loading and unloading.
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.
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.
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:
A. 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.
B. The owners of two or more adjacent lots may elect
to share common parking facilities according to the following requirements:
(1) 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.
(2) 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.
(3) For purposes of determining the number and location
of accessways, the entire area devoted to common parking shall be
considered as one parking lot.
(4) 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.
(5) An application to permit shared common parking shall
be contingent upon each lot owner obtaining any necessary access easements
and rights-of-way.
C. Internal access roads (exclusive of aisles adjacent
to rows of parking spaces) shall have the following minimum dimensions:
(1) Twenty feet for one-way traffic; and
(2) Twenty-four feet for two-way traffic.
D. 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.
E. In both R-6 and R-7 Districts, no parking area shall
be located within 50 feet of any building.
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:
A. The proposed development shall be constructed in accordance
with an overall plan and shall be designed as a unified architectural
unit.
(1) 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.
(2) 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.
B. Minimum requirements (exclusive of hallways).
(1) One-bedroom apartment units: 650 square feet.
(2) Two-bedroom apartment units: 900 square feet.
(3) Three-bedroom apartment units: 1,050 square feet.
C. 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.
D. 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.
E. 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.
F. 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.
A. All procedural requirements of the subdivision regulations
shall be adhered to.
B. 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:
(1) Floor area (in square feet) of apartment dwelling
units.
(2) Number of bedrooms per apartment dwelling unit.
(3) Total number of apartment dwelling units.
(4) Total number of acres in proposed plan.
(5) Total number of all off-street parking spaces.
(6) Exterior vertical and horizontal building dimensions
and plans.
(7) Ground area of buildings and percent of total area
covered.
(8) Certification of a registered engineer as to above
data.
A. 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:
(1) 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.
(2) Architectural plans for any proposed buildings.
(3) 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.
(4) Engineering and architectural plans for the treatment
and disposal of sewage and industrial waste.
(5) Engineering and architectural plans for the handling
of any excess traffic congestion, noise, glare, air pollution, water
pollution, fire hazard or safety hazard.
(6) Designation of the fuel proposed to be used and any
necessary architectural and engineering plans for controlling smoke
and air pollution.
(7) The proposed number of shifts to be worked and the
maximum number of employees on each shift.
(8) Any other relevant data or evidence that the Township
may require for review and recommendation to the Township Council.
B. 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.
C. 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:
(1) 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.
(2) That the appropriate use of property adjacent to the
area included in the plan will be safeguarded.
(3) 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.
(4) That there is adequate provision made for safe and
efficient pedestrian and vehicular traffic circulation within the
boundaries of the site.
(5) 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.
(6) That adequate off-street parking and loading space is provided (in accordance with §
230-32) as an integral part of the plan.
(7) That all buildings within the development shall be
served by a central sanitary sewage disposal system.
(8) 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.
A. 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.
B. 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.
C. 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.
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.
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.
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. 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.
B. Architectural plans for any proposed buildings.
C. 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.
D. Engineering and architectural plans for the treatment
and disposal of sewage.
E. Any other data or evidence that the Planning Commission
may require.
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.
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.
A. 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.
B. Procedural requirements.
(1) 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.
(2) 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:
(a)
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.
(b)
That the appropriate use of property adjacent
to the area included in the plan will be safeguarded.
(c)
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 residential site.
(d)
That there is adequate provision for safe and
efficient pedestrian and vehicular traffic circulation within the
boundaries of the site.
(e)
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.
(f)
That adequate off-street parking and loading
space is provided as an integral part of the plan.
(g)
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.
(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.
(4) 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.
C. Community impact analysis.
(1) 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.
(2) 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.
(3) This analysis shall include, but need not be limited
to, the following:
(a)
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.
(b)
Total number of acres and percent of total acres
covered by buildings and roads, parking and all other impervious surfaces.
(c)
Documentation of projected increase in demand
for sewer and water services and for school facilities.
(d)
Preliminary plans for the handling of traffic,
noise, water pollution, fire hazard or safety hazard.
(e)
Preliminary plans for the construction of required
storm and sanitary sewer systems and erosion and sedimentation control.
D. Development in stages. Approval may be granted in
stages if the following criteria are met:
(1) 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.
(2) 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.
(3) 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%.
(4) The landscaping for each stage will be 70% complete
before proceeding to the next stage.
(5) Any permitted commercial use shall not be constructed
until such time as at least 35% of the proposed residential units
have been constructed.
(6) 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%.
E. 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.
F. Permitted uses.
(1) Permitted residential uses. A mix of housing types
shall include the following categories:
(a)
Detached single-family dwellings.
(b)
Semidetached single-family dwellings and/or
quadraplexes.
(c)
Attached single-family dwellings (townhouses).
(2) 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.
(a)
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).
(b)
Institutional uses such as schools, nursery
schools and day-care centers, churches and community recreation centers.
(3) Accessory uses customarily incidental to any of the
foregoing uses.
G. Design requirements.
(1) 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.
(2) Mix. Detached single-family dwelling units may be
required in order to provide transition to adjacent single-family
residential districts.
(3) 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.
(4) 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.
(5) Site planning. This chapter and Chapter
198, Subdivision and Land Development, shall apply, except as otherwise indicated herein.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(6) 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.
H. Density.
[Amended 9-16-1998 by Ord. No. 1147]
(1) The allowable density shall be that specified by the
density calculation for the zoning district where the residential
development is located.
(2) 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:
(a)
The road system within Horsham Township.
(b)
The sanitary sewer system within Horsham Township.
(c)
The storm sewer system within Horsham Township.
(d)
The creeks, streams and other waterways within
Horsham Township.
(e)
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.)
(f)
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.
I. 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.
J. Height regulation. The height of any building shall
not exceed 35 feet or three stories.
K. Management and maintenance of common open space and
recreational facilities.
(1) 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.
(2) If a homeowners' association or an open space trust
is formed, it shall be subject to the following regulations:
(a)
Membership in the organization shall be mandatory
for all owners of dwelling units within the development and the membership
shall run with the land.
(b)
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.
(c)
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.
L. 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.
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.
[Added 9-16-1998 by Ord. No. 1147]
A. 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:
(1) To recognize that many undeveloped parcels in Horsham
Township contain significant amounts of environmentally sensitive
resources including floodplains, slopes, wetlands, streams, and woodlands.
(2) 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
(3) To reduce the amount of nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, subsurface, and surface water bodies.
(4) 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.
(5) To require protection of environmentally sensitive
features to the greatest extent possible by minimizing disturbance
of these areas.
(6) To conserve natural features important to protect
natural resources; recognizing that headwater areas are highly sensitive
to disturbance from the impact of human activity.
B. Density determination.
(1) 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.
(2) 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).
(3) In the event that two or more resources overlap, the
resource with the greatest protection standard shall apply.
(4) Determination of density and intensity of use.
(a)
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.
(b)
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% =
|
|
Wetlands
|
_____ac.
|
x
|
100% =
|
|
Lakes and ponds
|
_____ac.
|
x
|
100% =
|
|
Watercourses
|
_____ac.
|
x
|
100% =
|
|
Steep slopes of 25% and over
|
_____ac.
|
x
|
80% =
|
|
Steep slopes of between 15% to 25%
|
_____ac.
|
x
|
70% =
|
|
Woodlands (excluding residential subdivisions
for single-family detached dwellings of 5 lots or less1)
|
_____ac.
|
x
|
80% =
|
|
Wetland transition areas
|
_____ac.
|
x
|
80% =
|
|
|
|
|
|
Total
|
|
|
|
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.
|
(c)
A site's developable area shall be determined
by subtracting the protected area from the base site area.
(d)
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.
C. Steep slope regulations.
(1) No areas of steep slopes shall be used without full
compliance with the terms of this section.
(2) Slopes of 25% or greater.
(a)
Slopes of 25% or greater shall not be altered,
regraded, cleared, built upon or otherwise disturbed unless such disturbance
is necessary to:
[1]
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
[2]
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.
(b)
In no case shall more than 20% of land with
slopes of 25% or greater be disturbed.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
D. Wetland protection standards.
(1) 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.
(2) 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."
(3) 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.
(4) 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.
(5) Wetland transition area.
(a)
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:
[1]
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.
[2]
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.
(b)
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.
(6) The following activities are permitted in wetland
transition areas:
(a)
Normal property maintenance such as mowing, pruning, and planting of native vegetation, subject to compliance with the restrictions listed in Subsection
D(7).
(b)
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.
(c)
Underground utilities, if no feasible alternative
alignments are available.
(7) Wetland transition areas are restricted from the following
activities:
(a)
Removal, dumping, filling, excavation, or disturbance of the soil, other than in association with any activities identified in Subsection
D(6) hereof.
(b)
Erection of structures or paving, other than in association with any activities identified in Subsection
D(6) hereof.
(c)
Destruction of plant life which would alter
vegetation patterns.
(8) 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.
E. Riparian corridor preservation.
(1) Establishment. The establishment of the Riparian Corridor
Conservation District (RCCD) applies to The Stream Valley Network,
Figure 5, 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.
(2) 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.
(3) 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:
(a)
Zone One.
[1]
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.
[2]
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.
(b)
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.
(c)
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.
(d)
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.
(4) Uses permitted in the RCCD. The following uses are
permitted, either by right or as a conditional use in the RCCD:
(a)
Zone One.
[1]
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:
[a] Wildlife sanctuaries, nature preserves,
forest preserves, fishing areas, passive areas of public and private
parklands, and reforestation.
[b] 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.
[2]
Uses permitted by conditional use.
[a] Corridor crossings of recreational
trails, roads, railroads, centralized sewer and/or water lines, and
public utility transmission lines.
[b] Selective cutting of extremely
high economic value trees when part of a forestry operation..
(b)
Zone Two.
[1]
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:
[a] 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.
[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.
[2]
Uses permitted by conditional use.
[a] New agricultural uses in compliance
with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania
Administrative Code.
[b] 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.
(5) Uses specifically prohibited in the RCCD.
(a)
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:
(b)
Clear-cutting of trees and other vegetation.
(c)
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.
(d)
Removal or disturbance of vegetation in a manner
that is inconsistent with erosion control and corridor protection.
(e)
Storage of any hazardous or noxious materials.
(f)
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.
(j)
Any type of permanent structure, including fences,
except structures needed for a use permitted herein.
(k)
Subsurface sewage disposal areas.
(6) Inspection of Riparian Corridor Conservation District.
(a)
Lands within or adjacent to an identified Riparian
Corridor Conservation District shall be inspected by the Township
Engineer when:
[1]
A subdivision or land development plan is submitted.
[2]
A building permit is requested.
[3]
A zoning permit is requested.
[4]
A change or resumption of a nonconforming use
is proposed.
(b)
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.
(7) Management of the Riparian Corridor District.
(a)
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.
(b)
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.
(c)
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.
[1]
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.
[2]
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.
(8) 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.
F. Woodlands. The following standards shall apply to
woodlands:
(1) All paving, buildings, and other structures shall
be located in such a manner so as to minimize disturbance to existing
trees.
(2) 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.
(3) 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.
G. Smoke.
(1) 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.
(2) 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.
(3) These provisions, applicable to visible gray smoke,
shall also apply to visible smoke of a different color, but with an
equivalent apparent capacity.
H. Dust and dirt, fly ash, and fumes, vapors and gases.
(1) 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.
(2) 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.
(3) For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air.
I. Noise. At no point on the boundary of a residential,
industrial or commercial district shall the sound pressure level of
any operation exceed the decibel levels in the designated octave bands
shown below for the districts indicated:
|
Octave Band in Cycles Per Second
|
Along Residential District Boundaries:
Maximum Permitted Sound Level in Decibels
|
At Any Other Point on the Lot Boundary:
Maximum Permitted Sound In Decibels
|
---|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Above 4,800
|
32
|
39
|
J. Odors. There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive at lot
boundary line. Any process which may involve the creation or emission
of any odors shall be provided with a secondary safeguard system,
so that control will be maintained if the primary safeguard system
should fail. There is hereby established as a guide in determining
such quantities of offensive odors Table III (Odor Thresholds) in
Chapter 4, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing
Chemists' Association, Inc., Washington, D.C.
K. Glare or heat. Any operation producing intense glare
or heat shall be performed within an enclosed building or behind a
solid fence in such manner as to be completely imperceptible from
any point along the lot lines.
L. Vibration. No vibration which is discernible to the
human sense of feeling and is perceptible at any point on the lot
line shall be permitted.
M. Radioactivity or electrical disturbance. There shall
be no activities which emit dangerous radioactivity at any point.
There shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation at any point of any
equipment other than that of the creator of such disturbance.