Township of Williams, PA GENERAL REGULATIONS

Every principal building shall be built upon a lot that has frontage upon a public private street improved to meet Township standards, or for which the installation of such improvements have been guaranteed by the posting of financial security to the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Two or More Buildings or Use on a Lot. When two or more principal buildings involving two or more principal uses are permitted to exist on a lot:

Each principal building or use shall conform to all requirements of this chapter as if each such building or use were on a separate lot, unless specifically permitted by this chapter (see § 27-1302C below); and

The buildings shall conform to the standards, improvements, and procedures use, and lots required for a land development by the Township Subdivision and Land Development Ordinance.[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Multiple Occupancy.

Occupancy of a principal commercial or industrial building by more than one use of similar type is specifically allowed, provided that all other requirements of this chapter are satisfied.

Each use within a multiple use building shall apply for separate zoning and occupancy permits through the appropriate processes.

Multiple occupancy shall be allowed in the residential districts where short-term transient rental is a special exception use only where the second use is a single-family detached dwelling.

§ 27-1303 Maximum Height of Structures.

[Ord. No. 2020-01, 1/6/2020]

No building shall exceed the maximum building height specified in the relevant district regulations of this chapter, except that such standard shall not apply to farm silos or grain elevators, communications towers, amateur radio antennas, water towers, electrical transmission lines, elevator shafts, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. For these exempted structures, the maximum height shall be 180 feet above the average surrounding ground level, except chimneys and belfries or steeples attached to places of worship shall not exceed 80 feet in height.

Height and Aircraft. All uses are subject to any applicable regulations of the Federal Aviation Administration and the Pennsylvania Aviation Administration regarding the heights of structures within proximity of any airport. In addition, for any structure designed to have a height of 150 feet or more above average surrounding ground level, the applicant must present sufficient information to the Zoning Officer that the structure would not be a hazard to air traffic.

§ 27-1304 Special Lot and Dimemensional Requirements, Sight Distance, and Buffer Yards.

[Ord. No. 2020-01, 1/6/2020]

In General.

No lot, building, or use shall be created or developed in such a way that it would result in another lot, building, or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas, off-street parking areas, minimum and maximum ratios, etc.

Emergency Access. All buildings shall have adequate provisions for access by emergency vehicles, as specified by the Pennsylvania Uniform Construction Code, as amended.

Setbacks Not Applicable. The accessory or principal setbacks of this chapter shall not apply to fences, or heat pump and central air conditioning units, for individual dwellings. See also exemptions for certain "essential services" in § 27-1403E(6).

Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.

Exceptions to Minimum Lot Areas, Lot Widths and Yards.

Nonconforming Lots. See § 27-1309.

Through Lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of these streets.

Corner Lots. Setback distances equal to the minimum front yard setback shall be provided along all portions of a corner lot abutting any public street, except where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller setback of a different yard for a residential building will conform with the clearly prevailing yard pattern on existing developed adjoining lots fronting on the same street.

Projections Into Required Yards. Cornices, eaves, sills, or other similar architectural features, exterior stairways, fire escapes, or other required means of egress, rain leads, or chimneys, or other similar structures that do not include space usable by persons, may extend or project into a required yard not more than three feet, except as may be restricted under a drainage or utility easement.

Septic Systems. Nothing in this chapter shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot size larger than the minimums required in this chapter to carry out state and Township sewage regulations, including Township Ordinance No. 1977-3, as may be amended.[1]

Editor's Note: See Ch. 18, Part 1.

Previously Approved Setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this chapter, and the lawful setbacks in effect at such time are shown on the approved plans, those approved setbacks may apply in place of the setbacks in the Ordinance.

(7)

In any residential zoning district where the lots comprising more than 75% of the residential frontage in that particular block have been improved prior to the effective date of this chapter with the buildings having front yards of less depth than the depth required for that zoning district, then the required front yard setback for residential buildings may be decreased for such block to not less than the minimum of the majority of the buildings which existed prior to the effective date of this chapter. Once established, this minimum setback shall be regarded as the front setback for that block and maintained as such.

Buffer Yards. Buffer yards and screening complying with the following standards shall be required under the following situations as a minimum standard unless a larger buffer yard or a more dense view-block is required by another provision of this chapter.

Buffer Yard Width, When Required. Buffer yards with evergreen screening shall be required in the following situations:

Buffer Yard to Be provided for the Following:		When the Use Providing the Screening and Buffer Is:	Width of Required Provided Buffer Yard (feet)
a.	Industrial use (including storage, parking, or loading areas.)	Abutting a residential district or within 250 feet of an existing dwelling	50
b.	Commercial use	Abutting a residential district or within 250 feet of an existing dwelling	30
c.	Loading areas or parking of 4 or more tractor-trailers	Abutting the right-of-way of an expressway, arterial, or collector street	20, unless such area to a height of 15 feet would be completely screened or obscured from view of such streets up to a height of 6 feet
d.	Any other use	Required to provide a buffer yard under another section of this chapter	20, unless stated otherwise

Location of Buffer Yards.

The buffer yard shall be measured from the district boundary line, if within the lot, future street right-of-way line or lot line, whichever is applicable.

Buffer yards shall not be within an future street right-of-way and shall be in addition to that right-of-way.

The buffer yard may include areas within a required front, side, or rear yard, or a paved area setback area, provided that the larger yard requirement shall apply in case of conflict.

A commercial or industrial use shall not be required to provide a buffer yard for an adjacent residential use or district if an expressway separates the uses.

Characteristics of Buffer Yards.

The buffer yard shall be a landscaped area free of structures, Dumpsters or other waste or recycling containers, commercial or industrial storage or display, manufacturing or processing activity, materials, loading or unloading areas, or vehicular parking. No new driveways or streets shall be permitted in the buffer yards except at points of ingress or egress. Sidewalks and utility crossings through or over the buffer yard are permitted.

Maintenance. In all buffer yards, all areas not covered by trees or shrubs shall be well-maintained in an all-season natural ground cover (such as grass), shall be kept free of debris, litter, and rubbish, and any grass shall not exceed more than eight inches in height.

Preservation of Existing Vegetation or Slopes. Where a buffer yard is required and either or a combination of an existing tree line, thick vegetation, or steep slopes presently serves as a natural buffer, this buffer shall be maintained for the minimum width required under § 27-1304C(1) above and shall be supplemented if necessary to achieve said minimum width. See also § 27-1517, Preservation of Trees and Forests. If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density, and character to the buffer yard that was removed.

If a substantial natural berm or slope or dense vegetation will be maintained and will be substantial enough to meet the buffer provisions of this section, or if topographic conditions or the creation of berming by the developer would clearly relieve the need and cause for screening, the Zoning Hearing Board may waive the required evergreen screening.

(e)

Fence. Any fence that may be constructed shall be on the inside of any required evergreen screening.

Planting Screen.

Each buffer yard shall include a planting screen of evergreen (as opposed to deciduous) trees or shrubs extending the full length of the lot line.

Each planting screen shall be in accordance with the following requirements:

Required plant materials shall have a minimum height when planted of six feet.

Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a solid year-round visual screen at least 12 feet in height.

The landowner shall permanently maintain the planting screen and any plant material that is not alive two years after planting shall be replaced.

[4]

The planting screen shall be so placed that at maturity it will at least three feet from any cartway, lot line, sidewalk, or access drive.

[5]

The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with the sight distance requirements of SALDO.[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

[6]

If evergreen trees are used, as opposed to hedgerows or shrubs, they shall be planted at offsets in a staggered pattern to allow space for future growth.

Plans.

Prior to the issuance of a construction permit where a buffer yard would be required, the applicant shall submit plans showing:

The location and arrangement of each buffer yard;

The placement, species and size of all plant materials; and

The placement, size, materials and type of all fences to be placed in such buffer yard.

The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.

Species of Plants. Evergreen trees and shrubs shall be of the following species, unless the applicant proves to the satisfaction of the Zoning Officer that a substitution would be appropriate.

Evergreen Trees.

Scientific Name (Latin)	Popular Name
Ilex opaca	American holly
Picea omorika Serbian spruce pungens	Picea Colorado spruce
Pinus thunbergi	Japanese black pine
Pseudotsuga taxifolia	Douglas fir
Larix decidua	European larch
Picea glauca	White spruce
Picea abies	Norway spruce
Pinus strobus	Eastern white pine

Hedgerow.

Scientific Name (Latin)	Popular Name
Amalanchier spp.	Service berry
Crataegus crusgalli	Cockspur thorn
Crataegua phanenopyum	Washington hawthorn
Viburnum sieboldi	Siebold viburnum
Viburnum tomentosum	Doublefile viburnum

Evergreen Shrubs.

Scientific Name (Latin)	Popular Name
Juniperus virginiana	Upright juniper
Pyracantha lalandei	Laland firethorn
Taxus capitata	Upright or spreading yew
Taxus Hicksi	Hicks yew
Thuja occidentalis	American arborvitae
Juniperus shinensis	Spreading juniper
Illex	Japanese holly
Pinus Mugo	Dwarf pine

Sight Distance at Intersections.

Intent. To ensure that traffic approaching an intersection with a through or receiving street or turning onto a street can safely see oncoming traffic.

A triangular area as defined in § 27-1304D(4) (below) shall be graded and shall be kept free of sight obstructions, including fences and vegetation, as necessary between the ground level and a height of 10 feet above the intersecting point of the centerline grades at the intersection so that vision is not obscured within the sight triangle as defined.

This sight distance triangle shall be protected by additional right-of-way dedication, a deed restriction, lease restriction, municipal easement, or depiction and/or notation on the recorded plan (whichever method is applicable).

The sight distance triangle shall be measured based upon the intersecting point of the centerlines of the street receiving the traffic and the intersecting street, accessway, or driveway. The horizontal extent of the sight distance triangle shall be established by measuring a distance along the centerline of the receiving street (established below) way from the intersecting point, and a distance 15 feet* back from the edge of the pavement or cartway of the receiving street. The vertical extent of the sight distance triangle shall be defined by a line of sight from the position of the eye of the driver on the intersecting street, accessway, or driveway (3.5 feet above the street surface) in the stopped vehicle, which shall be deemed to be on the centerline of the intersection street, accessway, or driveway, at the setback distance of 15 feet* back from the edge of the pavement of the receiving street to the position of an oncoming vehicle in either lane approaching the intersection. The elevation of the sight distance at the approaching vehicle is either lane approaching the intersection.

NOTE:

* A ten-foot offset distance may be used when residential driveways intersect residential streets.

The following distances shall be used along the centerline of the receiving street to establish the sight distance triangle:

Minimum Intersection Sight Distance
Design Speed of the Receiving Street: (Mph)	Sight Distance (Y) as measured along centerline of Receiving Street: (feet)
20	225
25	280
30	335
35	390
40	445
45	500
50	555
55	610

The sight distance values in the table apply to a vehicle starting from a stop on a street grade not exceeding 3% on the intersecting street, accessway, or driveway, and entering or crossing a two-lane, two-way receiving street. If the rear tires of the stopped vehicle are resting on a grade steeper than 3%, then the sight distances in the table should be increased by 10%. If the through street contains a median or includes more than one through lane in either direction, an adjustment should be made to the sight distance as follows:

Y = 1.47 V (7.5 + 0.5 X AL)

Where:
Y	=	sight Distance (feet)
V	=	through street Design Speed (mph)
AL	=	number of additional travel lanes (count lanes in both directions)

Note: Any median width should be converted to equivalent additional travel lanes by dividing the median width by 12 feet.

These sight distance requirements shall apply to all intersections involving a street and another street, accessway, or driveway, except these requirements shall not apply to an individual driveway serving only single-family detached one- or two-family detached dwelling units.

A sight distance triangle shall be established for each direction of approach to an intersection unless it is clear that the receiving street will continue to be the primary or more important street and will not have a traffic control device installed.

§ 27-1305 Landscaping.

[Ord. No. 2020-01, 1/6/2020]

Groundcover. Any part of a commercial, industrial or institutional lot which is not used for structures, buildings, loading areas, parking spaces and aisles, sidewalks or designated storage areas shall be provided with an all-season, well-maintained natural groundcover, and shall be attractively landscaped with trees and shrubs native to Eastern Pennsylvania as designed by a licensed landscape architect. The ground cover shall be resistant to soil erosion and sediment releases.

See also § 27-1603G, Paved Area Landscaping, § 27-1603H, Parking Lot Screening, § 27-1304C, Buffer Yards, and any street tree requirements of the Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

The trunks of all trees and shrubs shall be located at least three feet from any cartway, or lot line except for street trees as may be required by the Subdivision and Land Development Ordinance. All trees and shrubs shall be pruned and trimmed at least annually so as not to encroach on any cartway, sidewalk, or lot line.[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 27-1306 Establishment of Future Right-of-Way Widths for Streets.

[Ord. No. 2020-01, 1/6/2020]

Purpose. Minimum future right-of-way widths are established for streets where the width of the existing right-of-way is less than that indicated in this section for the particular class of street. These future rights-of-way are designed to establish and reserve adequate rights-of-way for future circulation improvements, including street widening, shoulders, bikeways, and sidewalks, and to provide rights-of-way for needed public sewer and water lines and other utilities.

Dedication of Future Right-of-Way. See the requirements in the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Measurement.

The future right-of-way shall be measured with 1/2 of the minimum required width on each side of the centerline of the existing right-of-way. If the existing right-of-way is clearly significantly off-center from the centerline of the cartway, the centerline of the cartway shall be used instead to measure for the future right-of-way.

The specific classification of each street is shown on the Township Official Street Classification Map, which is part of the SALDO.[2]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Minimum Widths. The following minimum widths of future rights-of-way for future circulation improvements shall be established and reserved along each street, unless a differing right-of-way is required by the Township Subdivision and Land Development Ordinance,[3] in which case the greater width shall be required:

Street Classification	Minimum Future Right-of-Way (feet)
Expressway	120
Arterial street	80
Collector street	60
Local and private street	50

Editor’s Note: See Ch. 22, Subdivision and Land Development.

Ownership and Maintenance. If neither the Township nor PennDOT accept dedication of a future right-of-way at the time the right-of-way is established and offered for dedication in connection with development of a use, then that land within the future right-of-way shall remain a part of the adjacent lot and shall be reserved for future dedication until such time as either the Township and/or

PennDOT accept dedication of the entire future right-of-way. A note shall be added to the plan that right-of-way has been established and reserved for the future dedication and acceptance.

§ 27-1307 Industrial and Commercial Driveways.

[Ord. No. 2020-01, 1/6/2020]

Driveways. A driveway or accessway serving a commercial or industrial use shall be deemed to be integral with such use, and shall not be a permitted use in a residential district. This restriction shall not apply to a driveway or accessway that will be clearly limited to use by emergency vehicles only.

§ 27-1308 Access Onto Arterial Streets.

[Ord. No. 2020-01, 1/6/2020]

Access Points Involving Left-Hand Turn Limitations.

Each lot with less than 150 feet of frontage on an arterial street shall have not more than one access point involving left-hand turns onto each such arterial street. No lot with 150 feet or more feet of total frontage on an arterial street shall have more than two access points involving left-hand turns onto any such arterial street.

This provision shall not apply to the following:

Construction of a new street onto an existing arterial street; or

Access points that are clearly limited to use by emergency vehicles only.

A separate ingress point and a separate egress point shall be considered to be one access point, if well marked.

Where practicable, access to two or more lots shall be combined and shared to minimize the number of access points onto an arterial street.

Shared parking lots and access points are strongly encouraged. See possible reduction of parking requirements in § 27-1601B, Conditional Reduction in Off-Street Parking Areas.

See the access control provisions of the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Wherever possible, a system or network of interior access (such as common driveways, parking courts and accessways) shall be provided that minimizes access points onto all adjacent public streets.

§ 27-1309 Nonconformities.

[Ord. No. 2020-01, 1/6/2020]

Registration of Nonconformities. The person or party asserting a nonconformity shall be responsible for and have the burden of proof to provide the evidence that the nonconformity is lawful. A property owner (or other person with legal standing) shall register the nonconformity with the Zoning Officer.

Continuation. A lawful nonconforming use, structure, building or lot as defined by this chapter may be continued, maintained, improved, and repaired, provided the nonconformity conforms to this section and other applicable ordinances of the Township (except as provided for in § 27-1309G, pertaining to changes from one nonconforming use to another).

Alteration or Expansion of Nonconformities.

Nonconforming Structure.

A nonconforming structure may be altered, reconstructed or enlarged provided that:

Such alteration, reconstruction, or enlargement does not increase the amount or extent of the nonconformance or the nonconforming part of the structure;

The enlargement complies with setbacks normally required for a similar permitted use in that district; and

The enlargement is less than 10% of the "footprint" area of the original structure that was in place at the time of the change to this chapter that made the structure nonconforming.

In the case of a nonconforming structure which is used by a nonconforming use, any expansion or enlargement of the nonconforming structure shall also meet the requirements of § 27-1309C(3) (pertaining to expansion of a nonconforming use) below.

Nonconforming Lots of Record.

Permitted structures and uses may be constructed or expanded on a legally existing nonconforming lot, subject to the requirements of the Zoning Ordinance that was in effect at the time of subdivision or other means of creation of the lot, and only in compliance with the following:

If either the proposed minimum lot width or the minimum lot area would be less than what would otherwise be required, a variance shall be obtained before any construction is permitted on the lot.

Lawfully Existing. A use may only be developed on a legally existing nonconforming lot, subject to the requirements of the Zoning Ordinance that was in effect at the time of subdivision or other means of creation of the lot.

Setbacks. Yard setbacks and other requirements of this chapter shall be in compliance with this chapter unless a variance is granted by the Zoning Hearing Board.

[4]

Only one principal and its customary accessory uses that are permitted by right in that zoning district may be developed on a nonconforming lot.

[5]

In the LDR and MDR Zoning Districts, in no case shall a principal building be developed on a nonconforming lot with minimum lot area of less than 5,000 square feet and the minimum lot width as measured at the minimum building setback line of less than 45 feet.

[6]

For any variance or special exception request under this section, the Zoning Hearing Board shall expressly consider if any reasonable use could be made of the property other than the proposed, which alternative uses(s) would less significantly adversely affect the established character of an existing residential neighborhood.

[7]

The nonconformity shall not have been self-created.

[8]

Contiguous nonconforming lots under common or closely related ownership and which have been actually used or treated as an integrated lot shall be merged into one lot.

[9]

Any lot proposed to use an on-lot sewage disposal system shall meet all DEP requirements, plus shall have sufficient open area that would also meet DEP requirements for a second drain field, for use in case the first absorption field fails.

Expansion of a Nonconforming Use. A nonconforming use, structure, or a building used by a nonconforming use shall not be expanded, or enlarged, except in accordance with the following provisions:

Such expansion or enlargement shall be permitted only by special exception from the Zoning Hearing Board under the provisions of Part 1, § 27-119 (pertaining to special exception use procedure).

Such expansion or enlargement shall be confined to the same lot upon which the nonconforming use was located upon at the time the use became nonconforming.

A nonconforming use shall not be increased in either total floor area of buildings, total area covered by impervious surfaces, or of total number of dwelling units, by greater than 50% above each such measurement as it applied to the nonconforming use as it existed at the time such use became nonconforming. Whichever of these limitations is the most restrictive shall apply and govern. This maximum increase shall be measured in the aggregate over the entire life of the nonconformity since the use became nonconforming.

Any expansion or enlargement of a nonconforming use shall comply with all required setbacks unless a variance is granted by the Zoning Hearing Board.

(e)

For a similar use in the zoning district, a nonconforming use in a residential district proposed to expand shall as a minimum meet the setback requirements that would otherwise apply to a single-family detached dwelling.

Restoration of Destroyed Nonconformities.

A nonconforming building or structure that has been destroyed or damaged to the extent of 50% or more of its total fair market value by fire, windstorm, lightning, or a similar cause deemed to be no fault of the owner, may be rebuilt only if the application for a building permit is submitted within one year from the date of the damage or destruction; otherwise, the nonconforming building or structure shall be deemed to have been abandoned and shall be terminated and discontinued.

No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.

Change in Ownership. Whenever a nonconforming use, building, structure, or lot is sold or transferred to a new owner, the new owner, within the requirements of this chapter, may continue a previously lawful nonconforming use.

Abandonment of a Nonconformity.

If a nonconforming use of a building or land is discontinued, razed, removed, or abandoned for 365 or more days, except for the shorter period provided for in § 27-1309(3), then all subsequent use of such building, structure, or land shall conform with the regulations of the district in which it is located.

The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use cease. Such efforts shall be limited to the following:

For a residential use, actual habitation of the premises;

For a business use, actual conduct of business on the premises;

Active attempts to sell the property for such a use, including, but not limited to, listing the property with an agent, posting the property with a "for sale" sign for the use, and/or advertisements of the sale;

Purchase of a property for such a use;

(e)

Substantial financial and/or labor investment in a property for such a use; and/or

(f)

Applications to the Zoning Hearing Board for such a use.

Nonconforming Use of Open Land. All nonconforming signs, billboards, junk storage areas, outside storage areas and similar nonconforming uses of open land, when discontinued, razed, removed, or abandoned for a period of 90 days, or damaged to an extent of 50% or more of replacement cost, shall not be continued, replaced, repaired or reconstructed. For parking of commercial vehicles, see § 27-1604, pertaining to parking of commercial vehicles in residential zoning districts and unregistered vehicles.

Changes from One Nonconforming Use to Another.

After a nonconforming use is changed to a conforming use, no such building, structure or land shall revert to or be used by a nonconforming use.

A nonconforming use may be changed to another nonconforming use only if the change and the new nonconforming use are permitted as a special exception by the Zoning Hearing Board after the following conditions are met:

The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use; and

The applicant shall show that the proposed nonconforming use will be no more objectionable in external effects and impacts on the adjoining and other nearby properties than the existing nonconforming use with regard to:

Traffic generation (especially truck traffic);

Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, and explosive hazards;

Amount and character of outdoor storage; and

[4]

Compatibility with the character of the surrounding area.

District Changes. Whenever the boundaries of a zoning district are changed so as to transfer an area from one zoning district to another zoning district, the provisions of this section shall also apply to any uses, buildings, or structures that are existing in the zoning district, and are nonconforming in the zoning district to which the area was transferred.

Floodplain Area. In the floodplain areas, as defined by the Township Floodplain Area Regulations of § 27-1506, pertaining to alluvial soils, § 27-1507C, pertaining to identification of floodplain areas, and § 27-1507H(2), pertaining to definition of Floodplain Area, Floodplain Ordinance 2001-1, and its successors, all nonconforming buildings, structures and uses, including agricultural, shall be subject to the following:

Existing nonconformities located in such floodplain area shall not be extended, expanded, or enlarged, unless any effect of the proposed extension, expansion, or enlargement to increase the predicted flood elevations is fully offset by accompanying stream improvements or otherwise.

The effect shall not utilize any portion of any freeboard, or tolerance, or allowance for the higher flood elevations that may result from such extension, expansion, or enlargement. Any modification, alteration, repair, reconstruction, or improvement of any kind to an existing nonconformity, to an extent or amount of more than 50% of the nonconformity's fair market value, shall be elevated and/or floodproofed to at least 1 1/2 feet above the 100-year flood level, to the maximum extent possible.

Any modification, alteration, reconstruction, or improvement of any kind to an existing nonconformity, to an extent or amount of 50% or more of its fair market value shall be undertaken only in full compliance with the provisions of this chapter and all other applicable Township, state, and federal laws and regulations.

§ 27-1310 Temporary Structure or Use.

[Ord. No. 2020-01, 1/6/2020]

A temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses subject to the following additional provisions:

Duration. The life of such permit shall not exceed one year and may be renewed for a total combined period of not more than two years.

Statement from Owner. Prior to the issuance of a permit for a temporary use or structure, the applicant shall present a notarized statement from the owner of record of the land acknowledging the application and accepting responsibility to ensure that the temporary use or structure is removed after the permit expires. The form and content of the statement shall be acceptable to the Zoning Hearing Board.

Removal. Such temporary structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the temporary structure or use is not removed in a timely fashion after proper notification, the Township may, but need not, remove the temporary use or structure, the cost of which shall collectible from the person who owns the land upon which the temporary structure or use is located.

Financial Security. The Zoning Officer may require that a bond or other acceptable form of financial security per the MPC be posted by the applicant to ensure removal of the temporary use or structure. Such financial security shall be in an amount not less than 125% of the cost of removing the temporary structure or use, as estimated by the Township Engineer.

Compatibility. The temporary use or structure shall be compatible with adjacent uses.

Conditions. The temporary use or structure shall clearly be of a temporary nature.

Construction Vehicle Parking and Temporary Offices. See "Essential Services," a permitted-by-right accessory use, in Part 14.

Tents. This section shall not apply to tents erected for a maximum of 14 days in any calendar year for routine and customary accessory uses that are permitted by right.

Retail sales of fireworks are strictly and absolutely prohibited in tents, pavilions, and/or temporary structures.

§ 27-1311 Site Plan Review.

[Ord. No. 2020-01, 1/6/2020]

Intent. This section provides for and regulates a site plan review for certain uses that require special attention to more effectively ensure compliance with this chapter and to provide a review of items and impacts such as traffic access.

Conditional Uses. For conditional uses, the site plan review shall be part of the requirements and review of the conditional use (see § 27-118).

Special Exceptions. The site plan review shall be part of the requirements and review of the special exception, per § 27-119B(2) (pertaining to procedure).

When Otherwise Required.

A site plan meeting the requirements of this section shall be submitted for any of the following proposed uses, buildings, or structures, unless such use, building, or structure is required to be submitted to the Township as a subdivision or land development:

Any expansion of more than 2,000 square feet in the floor area of a building or structure of one the following types:

Industrial, office, or commercial building or use;

School, place of worship, or institutional building.

Any new or expansion of an impervious area of greater than 5,000 square feet.

Conversion of a noncommercial building to a new principal commercial use.

For any proposed use, building, or structure that is a subdivision or land development, as defined by the Municipalities Planning Code, the Planning Commission and Board of Supervisors shall consider whether the proposal and plan will comply with this chapter, may make recommendations concerning such matters to the Zoning Officer, and shall not approve a subdivision or land development that does not comply with this chapter.

Procedure for Permitted-By-Right Uses Requiring Site Plan Review.

Initial Reviews.

The applicant shall ensure that a proposed use, building, or structure will be allowable under this chapter prior to a submission to the Planning Commission for a formal site plan review.

The formal submission to the Planning Commission shall not occur until any needed dimensional zoning variances are received that are related to the submission.

Either the applicant or the Planning Commission may request an informal review by the Planning Commission of a site plan prior to the applicant requesting any variances.

Submission. Fifteen complete copies of any required site plan shall be submitted to the Township. The Zoning Officer shall refuse to accept an application if it does not contain sufficient information to determine compliance with this chapter.

Time. The Planning Commission and the Board of Supervisors shall each review the site plan within 90 days following the first regularly scheduled Planning Commission meeting after the receipt of a complete site plan submission, unless the applicant agrees in writing to a time extension.

Effect. A site plan review by itself shall not relieve the applicant of any other obligation under any other provision of a Township Ordinance, nor shall said review constitute a recommendation for a zoning variance.

Distribution. The Township shall distribute the copies of the site plan to the Planning Commission, to the Township Engineer, and to the Sewage Enforcement Officer. A minimum of one copy shall be retained in the Township files.

The Planning Commission shall review the site plan and submit the Planning Commission's written recommendations to the Board of Supervisors.

(7)

The Zoning Officer shall review the site plan and determine the site plan's compliance or noncompliance with this chapter, based upon his review, and submit the written findings of the review to the Board of Supervisors.

(8)

Compliance. The applicant and successors shall comply with the depictions and representations of the site plan upon which the zoning approval was received together with all terms and conditions of said approval. Any changes to the approved site plan shall be resubmitted to the Township for approval.

Site Plan Requirements. The following information shall be included on the site plan, unless waived by the Planning Commission as not applicable or necessary:

Proposed Use. A statement describing the proposed use.

Layout. A map or plan view depiction of the site drawn to a scale of one inch equals 50 feet (or another scale preapproved by the Township Engineer or Zoning Officer) showing the location, dimensions, and area of each lot; the location, dimensions, and height of proposed and any existing structures; and the required setback areas.

Buffer Yards. The width of any buffer yard and the heights, spacing, and types of plants to be used for screening. Also details of any proposed earthen berm or acoustic barrier.

Landscaping. Description of the general numbers, locations, and types of landscaping to be provided in off-street parking lots, along streets, and in other vegetative areas.

Use Areas. The proposed use areas within the development, including outdoor storage or display areas.

Parking. The locations, dimensions, and numbers of parking spaces; the location, dimensions, grade or slope, direction, and widths of parking lot aisles; and the location, sizes, grade or slope of off-street loading and unloading areas. The method of calculating the off-street parking requirement shall be shown, based upon § 27-1601, Required Number of Off-Street Parking Spaces.

(7)

Driveways and Accessways. The locations, widths, grade or slope, other dimensions, and materials of all driveways and accessways to or from the site, including sight distances.

(8)

Lighting. The height, location, and approximate intensity of exterior lighting.

(9)

Signs. The sign display area, height, location, and method of lighting of all signs.

(10)

Sidewalks. The location and width of any sidewalks and curbing.

(11)

Utilities. Provisions to be made for conveyance, treatment, and disposal of sewage and industrial wastes, including any proposed and an alternate back-up on-lot septic absorption field locations, provisions for water supply and estimated volumes, on-site service lines, facilities, and equipment for electricity, telecommunications, cable TV, radio, internet, natural gas, and heating, ventilation, and air conditioning systems.

(12)

Nuisances and Safety. A description of any proposed industrial or commercial operations, or any outdoor loading, unloading, or storage or display in sufficient detail to indicate effects of those operations in producing noise, glare, effects of lighting, air pollution, fugitive dust, smoke, fumes, water pollution, or fire hazards or hazards from use of highly toxic or hazardous materials or chemicals, or other public health or safety hazards. The location and distance to the nearest operable fire hydrant shall be provided, together with all fire prevention and protections measures that are proposed.

(13)

Grading.

Existing and proposed contours at two-foot intervals, except that five-foot intervals are allowed where slopes are greater than 10%.

Slopes between 12% and 25% and greater than 25% shall each be designated in a distinctive manner. See "Steep Slope" requirements in Part 15, § 27-1503.

(14)

Drainage. All proposed site grading and stormwater drainage and management provisions and proposals. Proposals for maintenance, ownership, and liability responsibilities for any stormwater detention basins or other "best management practices" facilities. The use shall comply with the stormwater management requirements of the Subdivision and Land Development Ordinance[1] and any applicable watershed management plans.

Editor's Note: See Ch. 22, Subdivision and Land Development.

(15)

A key map showing the entire site or project and its relation to surrounding lots and existing and approved buildings and streets. All adjacent land uses shall be designated.

(16)

Zoning district and dimensional requirements for the use proposed on the site, including both "required" and "proposed" or "provided" dimensions and ratios.

(17)

Delineation of any floodplains on the site from the Official Floodplain Maps.

(18)

Name and address of the person who prepared the site plan.

(19)

Certification of ownership or other clear form of control of the land by the applicant, and acknowledgement of site plan signed by landowner.

(20)

Such other data or information as either the Zoning Hearing Board, the Planning Commission, or the Board of Supervisors shall reasonably deem necessary to determine compliance with Township ordinances.

(21)

Truck Traffic. The applicant shall provide and estimate of the amount, direction, times, and types of heavy truck (greater than 7,000 pounds gross vehicle weight) traffic that will be generated.

(22)

Solid Waste and Recycling. Provisions, locations, and dimensions of facilities and equipment for the minimization, collection, holding or storage, processing, pick-up, and disposal or transportation of solid waste and recyclable materials generated by or from the site.

§ 27-1312 Hazards to Public Health and Safety.

[Ord. No. 2020-01, 1/6/2020]

Every property owner is responsible to ensure that the property owned or controlled by that property owner does not threaten the public health or safety. Property owners shall remove or alter any structure, building, condition, or situation and cease any use that threatens the public health and safety, specifically including, but not limited to, the following:

Structures and buildings that are structurally unsound and at imminent risk of collapse, including structures damaged by fire;

Storage areas and detention basins that are not properly fenced or otherwise secured from young children.

If the Zoning Officer becomes aware of a serious threat to the public health and safety, the Zoning Officer may provide a written notice requiring that the property owner where such threat is located abate the hazard by repair, removal, or other means within a specified reasonable time period. If the hazard is not abated within the reasonable period of time stated in such notice, the Township may abate or cause to be abated the hazard in any reasonable manner. In such case, the property owner shall compensate and reimburse the Township for all such expenses, including engineering and legal fees.

§ 27-1313 Stormwater Management.

[Ord. No. 2020-01, 1/6/2020]

Applicability. The requirements of this section shall apply to any use, building or structure that is not otherwise regulated by stormwater requirements of the Township Subdivision and Land Development Ordinance,[1] or by an implemented watershed stormwater management plan.

Editor's Note: See Ch. 22, Subdivision and Land Development.

Review. All proposed stormwater control methods are subject to review by the Township Engineer. All such methods shall be acceptable to the Township Engineer, based on current professional standards, criteria, techniques, and practices.

Run-Off Rate Restrictions. All new or expanded developments such as buildings, structures, parking lots, and other paved or impervious surfaces, shall limit the rate of stormwater runoff (in terms of cubic feet per second), so that no greater rate of runoff will occur than occurred on the site prior to development, based upon the one-, two-, five-, ten-, twenty-five-, fifty-, and 100-year recurrent interval storms.

Calculations. The applicant shall provide pre- and post- development stormwater run-off calculations for all uses that involve an addition or change of 5,000 square feet or more of impervious cover. Where crop farming or disturbed earth exists on the site prior to development, the coefficient of runoff or soil curve number for meadow in good condition shall be used instead as the pre-development starting base for such surface area calculations.

Other Run-Off Limitations. The quantity, volume, point of discharge, concentration and flow type, tributary area, sediment load, velocity and direction of all stormwater runoff from the development shall be managed in a manner as to adequately protect all downstream persons and property from possible injury or damage.

Run-Off Water Quality. Appropriate methods shall be used to separate oils, greases, and other contaminants, pollutants, or hazardous substances from any stormwater run-off from the site or run-off water that will be absorbed, percolated, or infiltrated into the groundwater, including, but not be limited to, oil-water separation provisions in catch basins.

Easements. Easements and facilities shall be provided for stormwater run-off from the site.

§ 27-1314 Recreation Land, Open Space and Fees Requirements.

[Ord. No. 2020-01, 1/6/2020]

See the requirements of the Township Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

§ 27-1315 Posting of Address.

[Ord. No. 2020-01, 1/6/2020]

Every principal building shall post its street number address (if one has been established) in a prominent place such that it can be clearly viewed from a public street, including at night. The numbers shall be reflectorized and not less than three inches high and 1 1/2 inches wide as referenced in Ordinance 2002-9.[1]