Township of West Deer, PA Land Development

Every development shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development, or so that the new development shields itself from potential impacts from existing uses already in operation.

This section sets forth the type of screening method required between various uses in order to provide a mechanism to buffer potential negative impacts. To determine the type of screening required (Type A, B or C) based upon the Screening Requirements Table included in the Appendix of this Chapter, find the use in the "Developing Use" column which is similar to the proposed use to be developed, and follow that line across the page to its intersection with the type of use(s) that adjoins the property to be developed. For each intersecting square that contains a letter, the developer is required to install the level of screening indicated.

The three basic types of screens that are required are as follows:

Opaque screen, Type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence or densely planted vegetation with fencing. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstruction should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns follow:

Semi-opaque screen, Type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction for above the opaque portion to a height of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, or planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any complete unobstructed openings more than 15 feet wide. Suggested planting patterns follow:

Broken screen, Type C. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns follow:

The screening requirements set forth in this section may be interpreted with more flexibility by the Planning Commission and Board of Supervisors in their enforcement of the standards.

It is recognized that, because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, minor deviations may be granted to allow less intensive screening, or requirements for more intensive screening may be imposed, whenever such deviations are more likely to satisfy the intent of this section.

Landscaping.

Any part or portion of the site which is not used for building, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with the natural surroundings.

Any off-street parking area with five or more spaces shall retain at least 5% of the total parking area for landscaping and shall be graded for proper drainage and shall be paved; or, at least one shade tree, of at least two-inch caliper, shall be provided per every five parking spaces. The grouping or spacing of such trees shall be reviewed as part of the landscape plan.

Any off-street parking area located in a required front yard shall be set back at least 10 feet from the road right-of-way, with the area between the right-of-way and the parking area maintained with mulch, gravel or other appropriate ground cover and landscaped with trees, shrubs or boulders, and in accordance with the landscape plan.

Storage. Any article or material stored outside an enclosed building as an incidental part of the primary commercial or industrial operation, shall be so screened by opaque ornamental fencing, walls, or evergreen planting that it cannot be seen when viewed by a person standing on ground level during any season of the year. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened.

Lighting. It is the intent of this Part to provide for the control of lighting and glare for all districts of the Township.

In any district, any operation or activity producing intense glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of 1/2 footcandle when measured at any residence district boundary line or any residentially developed property in a commercial or industrial district. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high-brightness surface from viewing angles about 60° from horizontal shall be utilized. Architectural lighting shall be recessed under roof overhangs or generated from concealed sources utilizing low-intensity light fixtures. The interior illumination of a canopy which permits any light to pass through is hereby banned. The illumination or lighting of freestanding and building canopies, awnings and exterior auxiliary parts is prohibited, with the exception of flat-lens, full-cutoff, downcast lighting, which may be mounted on the underside surface of a structure, provided that it illuminates only the ground area beneath the structure. For the purpose of this Chapter, a "canopy" shall be defined as a covering over an area not enclosed by walls. An "awning" shall be defined as an overhanging projection extending from a structure. An "auxiliary part" shall mean all exterior structures, such as shelters, porches, decks, colonnades, arbors, trellises, and pergolas.

All outside lighting, including sign lighting, shall be focused away from adjacent streets and properties and shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaries and fixtures hereafter constructed, installed, changed or remodeled shall be equipped with a glare shielding device, full cutoff downward cast in the case of freestanding area lighting. Intensity of outdoor lighting shall be limited within usable areas of a site (i.e., parking, walkways, etc.) to an average intensity at the ground of 3 1/2 footcandles with a maximum intensity at any given point on the ground of 12 footcandles, unless otherwise approved by the Board of Supervisors. A four-hundred-watt maximum shall apply to any light source.

In any district all pole-mounted illumination or lighting over six feet in height or any wall-mounted illumination or lighting supported by brackets or pole arms over six feet in height, hereafter constructed, installed, changed or remodeled shall be "full cut-off lighting" with flush or recessed lens caps only. All light fixtures shall be mounted parallel to the ground. Full cut-off lighting shall be defined as the type lighting fixture designed to provide a light distribution so that the candela at 90° above nadir is zero and less than 10% of rated lumens at 80° above nadir.

The height of a luminaire shall be limited as follows:

In any residential district, the maximum height permitted shall be 20 feet.

In any other district, the maximum height shall be 30 feet.

The Board of Supervisors may further limit the height of luminaries when it is determined that proposed lighting may have a detrimental impact upon nearby properties.

(6)

Ball diamonds, playing fields and tennis courts have a unique requirement for nighttime visibility may be exempted from Subsection D(1) through (8) if, in the judgment of the Board of Supervisors, their limited hours of operation and the location of the luminaries will adequately protect neighboring residential uses.

(7)

The Board of Supervisors shall also retain overall supervision of issues pertaining to enforcement of lighting and glare regulations and may grant modifications from the lighting and glare, regulations contained in this Chapter.

(8)

All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

Interior circulation. The interior circulation of traffic in commercial and industrial areas shall be designed so that no driveway, or access land providing parking spaces, shall be used as a through street.

Loading areas. Areas provided for the loading and unloading of delivery trucks and other vehicles, and for the servicing of businesses by refuse collections, fuel and other service vehicles, shall be located at the side or rear of all buildings, unless topographic constraints prevent their location, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities.

Emergency access.

The applicant shall demonstrate to the satisfaction of the Planning Commission that all buildings shown on the land development plan can be adequately accessed by emergency vehicles and equipment. Emergency access shall be required for the purpose of positioning firefighting equipment or other emergency vehicles in relation to the building so that the equipment can be effectively used. Emergency access may be provided by a means of a fire lane, a public or private street, a driveway or aisle in a parking area or an unobstructed landscaped area.

Emergency access shall be provided on at least one side of each building. The Planning Commission may require emergency access to be provided on more than one side of a building, if warranted by site conditions, and the layout of the land development plan.

In the event that any applicant disagrees with the determination of the Planning Commission regarding the provision of emergency access, the applicant may appeal that determination to the Zoning Hearing Board.

Access driveways and streets.

All required permits for state, county and/or Township highways and roads must be obtained prior to final approval.

Driveways shall be separated by a distance of at least 125 feet between center lines, as measured at the point of intersection with the street right-of-way.

No driveway shall be located closer than 125 feet from an intersection of any state, county or Township right-of-way.

The width of any entranceway leading from a public right-of-way shall not exceed 30 feet at the point of intersection with the public right-of-way.

Streets shall intersect at ninety-degree angles, except where topographic constraints prevent an appropriate alignment. Angles less than 90° may be designed, subject to the approval of the Planning Commission. In no case shall proposed streets intersect at an angle less than 75°.

(6)

All streets, rights-of-way and pavement designs shall conform to the requirements adopted by the Township Board of Supervisors in effect at the time of construction.

Traffic control.

No design shall be approved which is likely to create substantial traffic hazards endangering the public safety, nor which is inconsistent with the recommendations and findings of any officially adopted Township traffic study.

Should an official traffic study not exist for the Township, the developer may be required by the Township to complete such a study for development that generates more than 100 average daily trips and which said study shall address the development and specific traffic problems. Requirements for said traffic study shall be as defined by the Township.

Traffic control devices may include traffic signals, overhead flashing lights and delineators, such as medial barriers, and not be limited to acceleration and deceleration lanes, turning lanes, one-way traffic flow, traffic and land markings, and signs.

The plan for traffic control shall provide off-site traffic flow and safety. The developer shall be responsible for the construction of any such traffic control devices.

Stormwater management. A stormwater management plan shall be developed which conforms to the Township's Stormwater Ordinance.

§ 210-111 Natural resource inventory and density determination.

Purpose. The natural resource analysis is intended to encourage the accurate identification of the Township's most suitable land for development while conserving lands essential to the Township's health, safety and welfare. It enables the protection of persons, property and the community as a whole from hazards resulting from improper stormwater management, such as erosion, landslides, flooding, surface water contamination and groundwater contamination. It encourages the conservation of West Deer Township's rural character and ensures that current residents and newcomers alike will benefit from the community's natural amenities. Finally, it assists developers in understanding the land's range of development opportunities that are available while capitalizing on density incentives that are offered in conjunction with natural resource protection.

Natural resource analysis methodology.

Applicability. The Natural Resource Analysis shall be completed for all major subdivisions and land developments as defined by the Township and shall only apply to any residential portions.

Data acquisition. The Township should be consulted for sources that are to be used to acquire the relevant data to complete the analysis.

Required submissions. In addition to all required submissions for major subdivisions and land developments as defined in the West Deer Township Subdivision and Land Development Ordinance, the developer shall prepare for submission a Natural Resource Analysis Map at a minimum scale one inch equals 100 feet that clearly identifies and illustrates the location of all existing Class I resources [Subsection B(4)(a)], existing Class II resources, [Subsection B(4)(b)], proposed land disturbance, and proposed land protection. Developments which do not utilize cluster residential development shall submit a Natural Resource Analysis Map, but are not required to complete the worksheets in Subsection C. The developer of a cluster residential development shall then complete the worksheets in Subsection C and may adjust proposed land disturbance and land protection as desired. Said map and worksheets shall be submitted together as part of the proposal for major subdivisions and land developments.

Methodology. To identify the most suitable land for single-family residential development, the Township has established the following process to map, inventory and calculate the number of acres of existing natural resources on a site. Natural resources are categorized into two groups based on the level of sensitivity to the effects of land development.

Class I resources.

[1]

Class I resources are critical to maintaining the public health, safety and welfare of the Township and shall remain undisturbed throughout the development process. Class I resources include:

[a]

Wetlands.

[b]

Floodplains.

[c]

Slopes steeper than 40% gradient.

[2]

For the completion of the Natural Resource Analysis Map, the developer shall identify and illustrate the total number of acres of Class I resources on the proposed development site. For any area where a Class I resource overlaps with another Class I resource, only one resource shall be computed.

[3]

In an area where Class I resources exist on a site, all land disturbances shall be prohibited. As a result, the total number of acres of Class I resources subtracted from the total number of acres of the site to be developed shall equal the maximum buildable acreage of said site.

Class II resources.

[1]

Class II resources support the public health, safety and welfare of the Township and contribute greatly to the character of the entire community. The developer is encouraged to protect Class II resources as part of the residential development and shall be granted density-based incentives if Class II resources are protected rather than disturbed. The worksheets in Subsection C will help the developer calculate the incentive. Class II resources include:

[a]

Slopes greater than 15% and less than or equal to 40% gradient.

[b]

Woodlands.

[2]

For the completion of the Natural Resource Analysis Map, the developer shall identify and illustrate the total number of acres of Class II resources on the site to be developed. For any area where a Class II resource overlaps with another Class II resource, only one resource shall be computed. For any area where a Class II resource overlaps with a Class I resource, the Class I resource takes precedence, and the Class II resource shall not be computed as part of the total acreage of Class II resources.

[3]

When the developer has determined the total number of acres of Class II resources, the developer shall determine the number of Class II acres proposed to be disturbed and calculate the disturbance ratio. The disturbance ratio shall be used to determine the density factor using Figure 1: Density Incentive Graph, in Subsection C. The developer shall then use the resulting density factor to calculate the adjusted gross density of the site.

[4]

If the developer chooses to protect all of the Class II resources on the site, the adjusted gross density will be greater than the original base gross density.

If there are no Class II resources on the property to be developed, but the developer wants to take advantage of increased density incentives in return for open space protection, the developer shall complete the Natural Resource Analysis worksheets in Subsection C. The developer will propose the total number of acres to be protected and substitute that number for the total number of acres of Class II resources proposed for protection in Box 6 of the Natural Resource, Analysis. The subdivision shall meet all standards and dimensions for cluster development as defined in § 210-15.

Open space. As sensitive resources in West Deer Township are protected, the resulting undeveloped open space may be used and/or managed in a variety of ways. Proposed ownership and management of the open space shall be addressed as part of the major subdivisions and land development application and is subject to approval by the Township.

Required common open space shall not include areas devoted to public or private streets, right-of-way, within 25 feet from buildings, stormwater management facilities, parking areas, driveways and erosion and sedimentation control facilities.

The open space areas shall be designated as a separate parcel. The landowner and/or developer shall dedicate the open space parcel to the agriculture or open space uses for perpetuity through a restrictive covenant in conformance with West Deer Township standards and shall be filed with the proposed subdivision plan. The restrictive covenant shall be signed by the landowner and/or developer and notarized.