For the purpose of this chapter, the following
regulations shall govern each district:
A.
Lots of record. In the event that any lot is held
of public record in single and separate ownership on the effective
date of this chapter, which shall not be of sufficient size or dimension
to permit the erection of a building thereon in accordance with the
requirements of this chapter, and provided that the Zoning Hearing
Board shall find that the necessary additional ground is not available
because of the settled condition of the neighborhood or because of
inability of the owner to acquire additional ground upon fair terms,
the Zoning Hearing Board may specify so that the minimum and maximum
regulations of the district shall be met as closely as possible.
B.
Subdivision plan of lots of record. A lot which does
not conform to the minimum and maximum regulations of the district
in which it is located and which is included in a recorded plan of
lots heretofore approved by the Commissioners of Upper Gwynedd Township
shall not be used unless the minimum and maximum regulations of the
district are met, unless such recorded subdivision plan was approved
within five years immediately preceding the effective date of this
chapter or a variance is obtained from the Zoning Hearing Board.
C.
Reduction of lot area or open spaces. No lot shall
be so reduced that the area of the lot or the dimensions of the required
open spaces shall be less than herein prescribed.
D.
Modification of front yard requirements. Where there
is pronounced uniformity or alignment of the fronts of existing buildings
on the same side of the street within 200 feet of each side line of
a proposed building, the front yard requirement of the district may
be modified as to said building to permit a depth not less than the
mean front yard existing within said distance.
E.
Clear sight triangle. On any lot, no wall, fence,
object or structure of any kind shall be erected, altered or maintained,
and no hedge, tree, shrub or other growth shall be planted or maintained
which may cause danger to traffic on a road by obscuring the view.
(1)
Clear sight triangles shall be established, as measured
from the street center lines, a distance of 100 feet from the intersection
of streets. All yards and building setback lines prescribed by this
chapter shall, in addition, be subject to such additional setbacks
as may be required to ensure conformance with the above clear sight
triangle.
(2)
Driveway intersections. Driveways shall be located
so as to provide a clear sight triangle, measured from the intersection
street center line and the driveway center line, of not less than
30 feet.
F.
Accessory uses. Accessory uses authorized by this
chapter shall include the following:
(1)
Uses accessory to dwelling.
(a)
Private garage, private parking space, barn
or any other outbuildings for occupant's noncommercial use.
(b)
Keeping of animals.
[1]
The keeping of household pets normally kept
indoors, dogs, cats or ornamental birds, provided that no more than
four four-legged animals shall be kept upon the premises unless said
premises consists of at least three acres.
[2]
The keeping of horses, livestock, poultry or
fowl, other than pigs, provided that the premises shall contain not
less than three acres and provided that all buildings, pastures, yards
and portions of the premises used for said domestic animals, livestock,
poultry or fowl shall be situated not less than 100 feet from any
road line or property line of an adjoining lot.
(c)
Private greenhouse.
(d)
Cultivation of soil.
(e)
Professional office or studio of a doctor, dentist,
teacher, artist, architect, musician, lawyer, engineer or magistrate
or practitioner of a similar character, babysitting or rooms for home
occupations, provided that the office, studio or rooms are located
in a dwelling in which the practitioner resides or in a building accessory
thereto, and provided further that no goods are publicly displayed
on the premises. Uses authorized in this chapter as accessory to a
dwelling shall not be deemed to include a business, hospital, clinic,
animal hospital, barbershop, beauty shop, mortuary, other personal
service shop, tearoom or hotel, or any similar use. The following
regulations and standards shall apply:
[Amended 1-22-1990 by Ord. No. 90-4]
[1]
The area used for the practice of the above
shall occupy no more than 15% of the gross floor area of the dwelling
unit.
[2]
No other persons except a resident of the dwelling
shall practice the occupation therein.
[3]
No more than two persons shall be employed by
the practitioner to provide secretarial or clerical services.
[4]
Two paved off-street parking spaces shall be
required in addition to those required for residential dwelling use
and shall not be located within the minimum front yard area prescribed
for the district in which located.
(f)
Residential swimming pool for use of family
and guests only.
(g)
When accessory to a single-family detached dwelling
only, one separate living area, including cooking facilities, may
be provided for no more than two persons related to the principal
occupant of the single-family detached dwelling by blood, marriage
or adoption, provided that no change is made in the area covered by
the building in which housed, and provided further that said use is
registered with the Zoning Officer, subject to a written agreement
to be recorded, to remove said cooking facilities at the time said
facilities are no longer utilized by said persons related to the principal
occupant as aforesaid.
(h)
When authorized as a special exception only
within a single-family detached dwelling, a family day-care home which
is owner-occupied may be permitted for not more than a total of six
children unrelated to the caregiver, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
[1]
The lot must conform to the minimum frontage,
width, area and yard requirements of the district in which it is situated
and shall not be reduced.
[2]
An outdoor lot area of at least 2,000 square
feet reserved for play area shall be located in the rear yard only
and not within any required side yard. Said area shall be fenced to
a minimum of four feet and shall be childproof.
[3]
There shall be a minimum of 40 square feet of
floor space per child, inclusive of space occupied by furniture and
equipment but exclusive of closets, halls, bathrooms, kitchens and
areas related thereto, which shall be on the first floor of the single-family
detached dwelling.
[4]
Parking lots, driveways, loading areas and areas
for outdoor recreation shall be visually screened on an immediate
year-round basis to a height of not less than six feet.
[5]
In order to limit the concentrations of home
day-care facilities in residential neighborhoods, home day-care facilities
authorized by special exception shall be a minimum distance apart
of not less than 5,000 feet.
[6]
Structure characteristics.
[a]
The building shall conform to any
and all Commonwealth of Pennsylvania regulations for child day care,
as well as applicable regulations for fire and panic, and have no
barriers for the handicapped, and shall conform to all Township codes.
[b]
There shall be no external alteration
of an existing building except as may be necessary for reasons of
safety. Fire escapes and outside stairways shall, where practicable,
be located on the rear of the building. Any expansion shall be limited
to a maximum of 25% of the existing floor area of said building.
[c]
Any addition shall be of such elevation
and style, have materials and fenestration and front, side and rear
yard setbacks that will be compatible with and not substantially injure
or detract from the residential uses of adjacent properties or appreciably
alter the character and building bulk/yard standards of the neighborhood.
[d]
Special signs and outside illumination
are prohibited.
[e]
Applications shall indicate the
method of building and grounds maintenance and file a plan for implementation.
(i)
When authorized as a special exception only
within a single-family detached dwelling in BP, C and IN Zoning Districts,
a group day-care home may be permitted for not more than a total of
11 children unrelated to the caregivers, provided further that:
[Added 1-22-1990 by Ord. No. 90-4]
(j)
No-impact home-based businesses. The business
or commercial activity must satisfy the following requirements:
[Added 10-28-2002 by Ord. No. 2002-21]
[1]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
[2]
The business shall employ no employees other
than family members residing in the dwelling.
[3]
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
[4]
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
[5]
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical interference, including interference with radio or television
reception, which is detectable in the neighborhood.
[6]
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
[7]
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
[8]
The business may not involve any illegal activity.
G.
Accessory structures (including buildings).
(1)
Structures accessory to a permitted use shall not be permitted within
the required front yard of a lot and, with the exception of a detached
garage and the canopy over the fuel pumps of a gasoline service station,
shall not be permitted on that portion of the lot between the principal
building and the lot line that abuts a street right-of-way.
[Amended 5-29-2018 by Ord. No. 2018-004]
(2)
On reverse frontage lots, structures accessory to
a permitted use shall not be permitted within 25 feet of the rear
lot line adjoining the right-of-way of the arterial or collector street.
(3)
Where a district requires building setbacks from streets
to which the district abuts or from property lines to which the district
abuts, no structures accessory to a permitted use shall be permitted
within the designated setback area.
H.
No trailer camp shall be permitted in any residential
district.
I.
Fences. No fence or wall shall be erected along or within any of
the yards required by this chapter which shall exceed a height of
eight feet in industrial districts or six feet six inches in all other
districts (excepting a retaining wall of a building permitted under
the terms of this chapter), unless a special exception therefor is
granted by the Zoning Hearing Board.
[Amended 12-19-2016 by Ord. No. 2016-19]
J.
The permanent removal of topsoil from any parcel of
land within the Township shall be prohibited, except as follows:
(1)
During actual construction on the premises, that portion
of the topsoil present which covers an area to be occupied by permanent
structures or permanently located materials of an impervious nature
may be considered excess and may be removed by the owner.
(2)
During regrading operations conducted upon the premises,
whether or not carried on in conjunction with on-site construction,
excess topsoil remaining after restoring proper topsoil cover to the
areas of the parcel upon which regrading operations were conducted
may be removed by the owner.
K.
Side yard requirements for flag lots. Each side yard of a flag lot shall be at least equal to the minimum rear yard specified for the zoning district in which the flag lot is located. This provision shall supersede any contrary provision regarding side yards in this Chapter 195.
[Added 12-19-2016 by Ord.
No. 2016-19]
L.
(Reserved)
M.
Height restrictions. The maximum height of buildings
and other structures, including towers, chimneys, spires and all appurtenances
erected or enlarged in any district, shall be, unless otherwise authorized:
(1)
For any dwelling: 35 feet.
(2)
For any building accessory to any dwelling use: 14
feet.
(3)
For any other institutional and commercial building
or other structure: 35 feet, except that such height may be increased
to a maximum of 65 feet, provided that, for every foot of height in
excess of 35 feet, there shall be added to each yard requirement two
corresponding feet.
(4)
For any industrial building or other structure: 35
feet, except that such height may be increased to a maximum of 65
feet, provided that, for every foot of height in excess of 35 feet,
there shall be added to each yard requirement one corresponding foot.
(5)
Towers for communication purposes shall be permitted
only as an accessory use to a permitted principal use on the same
lot and shall be subject to all the required yard and height requirements
applicable to principal buildings, whether such tower is roof-mounted
or freestanding.
(6)
Where specific building heights are authorized in
individual zoning districts, the maximum heights herein may apply
to structures, towers and appurtenances only and shall not alter a
maximum height of building otherwise provided in the individual zoning
district.
[Added 10-28-1991 by Ord. No. 91-10]
N.
Unless otherwise clearly stated herein to the contrary,
the provisions of this chapter shall apply to Upper Gwynedd Township,
as a municipal corporation, and to any other government, municipal
corporation, authority, governmental or quasi-governmental agency
or entity to the extent permitted by law.
O.
Buffer areas and landscaping or parking facilities.
Where required under the terms of this chapter, a permanent landscaped
planting area or planting strip shall be provided in accordance with
the following:
(1)
Screen buffer.
(a)
A screening buffer shall be provided by the applicant or existing natural features shall be preserved, having a minimum of 25 feet in width. As a minimum, it shall consist of evergreen trees planted in conformance with the additional requirements of Subsection O(1)(b) and (c) below, to produce a total visual screening effect consistent with the topography, existing vegetation and use of adjacent land. The screening buffer shall not be traversed or bisected by any public or private street, road, highway or accessway when situated between any nonresidential district and a residential district.
[Amended 10-28-1991 by Ord. No. 91-10]
(b)
The primary component of a screening buffer
shall be a double row of evergreen trees with each tree in a row spaced
10 feet apart on center, with the trees in one row offset five feet
from the trees in the other row and the rows at least five feet apart.
These trees shall not be less than six feet in height at the time
of planting and shall be of such species that expected height at maturity
shall not be less than 10 feet.
(c)
The secondary component of a screening buffer
shall be either earthen mounding or the use of additional plant materials
to supplement the minimum required double row of evergreen trees.
[1]
Variations in the sizes and shapes of earthen
mounds which resemble natural, rounded forms are strongly encouraged.
The unnaturally graded appearance of uniform, linear mounding shall
be avoided. Slopes greater than four to one should be avoided. An
average elevation of three feet above surrounding grades should be
used as a guide.
[2]
If earthen mounds are not used, additional tree planting shall be required. The number of additional trees shall be equal to 50% of the number of evergreen trees required by Subsection O(1)(b) above. These additional trees may be evergreen, flowering, shade or otherwise ornamental species and shall be planted in accordance with a planting plan designed to soften the linear appearance of the double row of evergreen trees. Minimum size of trees when planted shall be between five feet to eight feet in height and one- to two-inch caliper for deciduous material, depending on the type of tree, and six feet in height for evergreens, as required in Subsection O(1)(b) above.
(d)
As an alternative to the possibly linear appearance
of the minimum requirements above, applicants are encouraged to provide
innovative, free-form screening buffers which need not be located
entirely within the minimum required twenty-five-foot width, but shall
be subject to the specified approval of the Township Board of Commissioners.
(2)
Softening buffer.
(a)
Planting of trees.
[1]
The primary component of a softening buffer
shall be a row of trees spaced not more than 25 feet apart on center.
[2]
In addition, there shall be planted one tree
per eight feet, which shall be evergreens. The evergreen trees shall
be at least three feet in height when planted and shall attain at
least six feet in height at maturity.
[3]
Deciduous trees shall be at least 2 1/2
inches in caliper and eight feet in height when planted and shall
attain a height of not less than 15 feet at maturity.
(b)
These trees shall be interspersed with other
allowable components, including any other type of trees, shrubs, mounding,
fencing and/or similar natural or man-made elements having a visible
vertical dimension, or any combination thereof.
(3)
Open buffer. The open buffer shall, as a minimum,
consist of grass, ground cover and/or similar vegetative material
and may include trees, shrubs or other natural or man-made landscaping
materials, but it shall only be vegetative with no paved areas.
(4)
Existing buffers. In cases where edges of a development
occur along natural features which function as buffers, including
but not limited to mature vegetation, significant grade changes or
stream valleys, which are to be permanently preserved, new buffering
may be waived along those edges upon approval of the Township Board
of Commissioners.
(5)
Landscaping of off-street parking areas.
(a)
Within the parking facility, there shall be
planted at least one tree of 2 1/2 inches in caliper minimum
for every five parking spaces in single bays and one tree of 2 1/2
inches in caliper minimum for every 10 parking spaces in double bays.
Trees shall be planted in such a manner to afford maximum protection
from the sun for parked vehicles. The following trees are particularly
recommended for off-street parking areas:
|
Latin Name
|
Common Name
| |
|---|---|---|
|
Acer campestre
|
Hedge maple
| |
|
Gleditsia triacanthos inermis
|
Thornless honey locust
| |
|
Prunus kwanzan
|
Kwansan cherry (tree form)
| |
|
Pyrus calleryana
|
Bradford callery pear
|
(b)
A minimum of 10% of any parking lot facility
over 2,000 square feet in gross area, whether constructed immediately
or reserved for future needs, shall be devoted to landscaping, inclusive
of required trees.
(c)
The perimeter of all parking facilities shall
be landscaped with one or any combination of the following buffers
in order to visually screen the motor vehicles:
(d)
All plantings shall be able to survive soot,
gas fumes and salt. Trees which have low-growing branches, gum or
moisture which may drop on vehicles, blossoms, thorns, seeds or pods
which may clog drainage facilities shall be avoided. The plantings
chosen should be of sufficient size to be effective the first year
they are planted.
(e)
All landscaping planting areas shall be raised
in order to prevent road salts from seeping into the planting area.
(f)
Parking garages or covered parking structures
shall be landscaped and buffered so that they are concealed from view
from adjoining tracts of residential or institutional districts or
existing perimeter public streets. Parking areas located beneath any
such garage or structure which is located above surrounding grade
shall be screened by screen walls and landscaping.
(6)
Plant material list. Each planting option may utilize
any of the plant materials set forth below. Minimum plant size, given
either in height or in caliper, is indicated below. The Board of Commissioners
may permit other planting types if they are hardy to the area, are
not subject to blight and disease and are of the same general character
and growth habit as those listed below. All plant material shall meet
the standards of the American Association of Nurserymen. Dimensional
requirements are as follows: "inches caliper" shall be the diameter
of the trunk measured one foot above the root ball; "feet" shall be
the typical height of the material at the time of planting.
(a)
Canopy trees (2 1/2 inches caliper; minimum
planting height: 10 feet).
|
Latin Name
|
Common Name
| |
|---|---|---|
|
Acer rubrum
|
Red maple
| |
|
Acer saccharum
|
Sugar maple
| |
|
Fraxinus americana
|
White ash
| |
|
Fraxinus pennsylvanica lanceolate
|
Green ash
| |
|
Liquidambar styraciflua
|
Sweetgum
| |
|
Liriodendron tulipifera
|
Tulip tree
| |
|
Plantanus acerifolia
|
London plane tree
| |
|
Quercus alba
|
White oak
| |
|
Quercus borealis
|
Red oak
| |
|
Quercus palustris
|
Pin oak
| |
|
Quercus phellos
|
Willow oak
| |
|
Sophora japonica
|
Regent scholartree
| |
|
Tilia
|
Linden (all species hardy to the area)
| |
|
Zelkova serrata
|
Japanese zelkova
|
(b)
Flowering trees.
|
Latin Name
|
Common Name
|
Height/
Caliper
| |
|---|---|---|---|
|
Amelanchier canadensis
|
Shadblow serviceberry
|
6 to 8 feet
| |
|
Cornus florida
|
Flowering dogwood
|
6 to 8 feet
| |
|
Cornus kousa
|
Kousa dogwood
|
6 to 8 feet
| |
|
Cornus mas
|
Cornelian cherry
|
5 to 6 feet
| |
|
Crataegus phaenopyrum
|
Washington hawthorn
|
5 to 6 feet
| |
|
Koelreuteria paniculata
|
Goldenrain tree
|
8 to 10 feet
| |
|
Laburnum vossi
|
Golden chain
|
1 1/4 to 1 1/2 inches caliper
| |
|
Magnolia soulangeana
|
Saucer magnolia
|
6 to 8 feet
| |
|
Magnolia virginiana
|
Sweetbay magnolia
|
5 to 6 feet
| |
|
Malus baccata
|
Siberian crab
|
2 1/2 inches caliper
| |
|
Malus floribunda
|
Japanese flowering crab
|
2 1/2 inches caliper
| |
|
Malus hopa
|
Hope red flowering crab
|
2 1/2 inches caliper
| |
|
Oxydendrum arboreum
|
Sourwood
|
6 to 8 feet
| |
|
Prunus x yedoensis
|
Yoshine cherry
|
1 1/2 inches caliper
| |
|
Pyrus calleryana
|
Bradford callery pear
|
2 1/2 inches caliper
|
(c)
Evergreens.
|
Latin Name
|
Common Name
| |
|---|---|---|
|
Ilex opaca
|
American holly
| |
|
Picea omorika
|
Serbian spruce
| |
|
Picea pungens
|
Colorado spruce
| |
|
Pinus thunbergii
|
Japanese black pine
| |
|
Pinus strobus
|
White pine
| |
|
Pseudotsuga taxifolia
|
Douglas fir
| |
|
Tsuga candensis
|
Canada hemlock
| |
|
Tsuga caroliniana
|
Carolina hemlock
|
(d)
Evergreen shrubs.
|
Latin Name
|
Common Name
|
Height
(feet)
| |
|---|---|---|---|
|
Juniperus chinensis pfitzeriana
|
Pfitzer juniper
|
3 to 4
| |
|
Pyracantha lalandei
|
Laland fire thorn
|
4 to 6
| |
|
Taxus capitata
|
Upright yew
|
2 1/2 to 3
| |
|
Taxus media hicksii
|
Hicks yew
|
2 1/2 to 3
| |
|
Thuja occidentalis
|
American aborvitae
|
4 to 5
|
(e)
Shrubs.
|
Latin Name
|
Common Name
|
Height
(feet)
| |
|---|---|---|---|
|
Euonymous alatus
|
Winged euonymus
|
3 to 4
| |
|
Hamamelis vernalis
|
Vernal witch hazel
|
4 to 5
| |
|
Hamamelis virginiana
|
Common witch hazel
|
4 to 5
| |
|
Ilex verticillata
|
Winterberry
|
4 to 5
| |
|
Rhamnus frangula
|
Glossy buckthorn
|
4 to 5
| |
|
Viburnum dentatum
|
Arrowwood viburnum
|
4 to 5
| |
|
Viburnum lantana
|
Wayfaring-tree viburnum
|
4 to 5
|
(7)
Landscape plan. A landscape plan shall be required in support of this section to indicate the location, species and size of trees and shrubs proposed for planting or individual or groves of trees or natural vegetation to be preserved. The quantity, spacing and guying details should be included on the plan and considered a part of the preliminary and final plan set required in Chapter 168, Subdivision and Land Development. Upon approval of the landscape plan and the establishment of an estimated cost of installation of improvements by the appropriate board and prior to the issuance of any permit for construction or for use and occupancy, the applicant shall furnish a bond to the Township, as obligee, with good and sufficient surety, in the amount of the estimated cost of the improvement, plus 20%, conditioned upon compliance with the requirements of this section and of this chapter, or shall escrow with the Township the estimated cost of said improvements, plus 20%, under a written escrow agreement, providing, inter alia, that the Township shall have the right to utilize said escrow funds to complete the improvements if not installed by the date specified.
(8)
Maintenance. The quantity, location, species and size
of the trees and shrubs specified on the landscape plan and approved
by the Board of Commissioners shall be maintained in good condition
by the property owner, who shall have the additional responsibility
to promptly replace all plant material not showing healthy growth
with a size equal to or greater than that originally specified on
the plans.
P.
Submission of plans shall be required in all zoning
districts. The following regulations shall govern the character and
submission of plans:
(1)
Preliminary plans shall be submitted to the Board
of Commissioners for preliminary approval, showing the general layout
of the total area and the type of building and/or buildings to be
erected.
(2)
Final plans shall be submitted to the Board of Commissioners
for approval, showing the layout of the total area and shall include,
inter alia, the following:
(a)
The scale shall not be less than one inch equals
100 square feet, with contours at two-foot intervals and showing all
topographical features.
(b)
A plot plan of the lot showing the locations
of all present and proposed buildings, sidewalks and other areas devoted
to pedestrian use, loading and unloading areas, drives, parking lots,
waste disposal and storage facilities 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.
(c)
Description and architectural plans of any proposed
buildings or change in existing buildings.
(d)
A description of the use and/or operations proposed
in sufficient detail to indicate the effects of those uses and/or
operations in producing traffic congestion, noise, glare, air pollution,
water pollution, thermal pollution and fire hazards and whether any
part of the use and/or operation will be conducted on the outside
of any building.
(e)
Engineering and architectural plans for the
connections to public water and public sewerage lines and for the
pretreatment, if required, of any sewage or industrial waste before
its discharge into public sewer lines.
(f)
Engineering and architectural plans for the
treatment and disposal of waste other than that which will be discharged
into the public sewer lines. Outdoor facilities for waste storage
shall be provided with a minimum six-foot-high opaque enclosure on
all sides.
(g)
Engineering and architectural plans for the
handling of any traffic, noise, lighting, glare, air pollution, water
pollution, thermal pollution, water consumption, fire hazard and safety
hazard.
(h)
Designation of the fuel proposed to be used
and any necessary architectural and engineering plans for controlling
smoke, dust and dirt, fly ash, fumes, vapors and gases.
(i)
The proposed hours of operation, the number
of shifts to be worked and the maximum number of employees on each
shift and the parking lot requirements, both present and future.
(k)
Engineering plans and reports for the control
and disposal of surface drainage.
(l)
Statement from the appropriate sewer authority
authorizing connection of the premises to its sewer and indicating
it will receive the type of effluent to be generated upon the premises.
(m)
Any other pertinent data or evidence that the
Board of Commissioners may require.
(3)
Upon receipt of plans under this subsection, the Board
of Commissioners shall have the power of approval or disapproval of
these plans. The Secretary of the Board of Commissioners shall notify,
in writing, the Zoning Officer of its final decision and any special
conditions regarding the proposed use and/or operation.
R.
All driveways shall be a minimum of six feet from
the lot line in all R-1, R-2, R-3, R-4 and VPR Districts. The following
exceptions shall apply:
[Amended 12-19-2016 by Ord. No. 2016-19]
(1)
In the access strip, up to a point (where the minimum lot width is
achieved) of a flag lot, in which case the required minimum shall
be four feet.
(2)
Along the lot line between attached dwellings, including semidetached
(twin dwelling), townhouse dwelling, and twin duplex, triplex and
quadraplex dwellings.
(3)
In the case of a common driveway between adjacent lots where the
driveway is provided partially or completely beyond the lot line of
the subject lot.
S.
Ownership, use and design and maintenance of common
open area.
(1)
Methods of ownership. Any of the following methods
may be used, either individually or together, to preserve, own and
maintain common open space as permitted in multifamily, townhouse
or residential and industrial clustered developments: condominium,
homeowners' association, dedication in fee simple, dedication of easements
and transfer of fee simple title and easements to a private conservation
organization. Such land shall not be eligible for transfer to another
party, except for transfer to another method of ownership permitted
under this section, and then only where there is no change in the
open space ratio. The following specific requirements are associated
with each of the various methods:
(a)
Condominium. The common open space may be controlled
through the use of condominium agreements. Such agreement shall be
in conformance with the Pennsylvania Uniform Condominium Act of 1980,
as may be amended.[2] All open space land shall be held as "common element."
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(b)
Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII, Section 705(f)(2) of the Pennsylvania Municipalities Planning Code of 1968, as amended,[3] and the homeowners' association agreements shall be recorded.
[Amended 2-27-2017 by Ord. No. 2017-01]
[3]
Editor's Note: See 53 P.S. § 10705(f)(2).
(c)
Fee simple dedication. The Township may, but
shall not be required to, accept any portion or portions of the common
open space, provided that such land is accessible to the residents
of the Township; there is no cost of acquisition (other than any costs
incident to the transfer of ownership such as title insurance); and
the Township agrees to and has access to maintain such lands.
(d)
Dedication of easements. The Township may, but
shall not be required to, accept easements for public use of any portion
or portions of open space land, title of which is to remain in ownership
by a condominium or homeowners' association, provided that such land
is accessible to the residents of the Township; there is no cost of
acquisition (other than any costs incident to the transfer of ownership,
such as title insurance); and a satisfactory maintenance agreement
is reached between the developer and the Township.
(e)
Transfer to a private conservation organization.
With permission of the Township, an owner may transfer either the
fee simple title, with appropriate deed restrictions running in favor
of the Township, or restrictive easements to a private, nonprofit
organization, among whose purposes is to conserve open space land
and/or natural resources, provided that the organization is acceptable
to the Township and is a bona fide conservation organization with
perpetual existence; the conveyance contains appropriate provision
for proper reverter or retransfer in the event that the organization
becomes unwilling or unable to continue carrying out its functions;
and a maintenance agreement acceptable to the Township is entered
into by the developer and the organization.
(2)
Specific requirements for homeowners' association.
If a homeowners' association is formed, it shall be governed according
to the following regulations:
(a)
The developers shall provide to the Township
a description of the organization, including its bylaws and methods
for maintaining the open space.
(b)
The organization shall be established by the
developers and shall be operating (with financial subsidization by
the developers, if necessary) before the sale of any lots within the
development.
(c)
Membership in the organization is mandatory
for all purchasers of homes therein and their successors with a financial
commitment at time of sale or settlement.
(d)
The organization shall be responsible for maintenance
of and insurance and taxes on common open space.
(e)
The members of the organization shall share
equitably the costs of maintaining and developing common open space
in accordance with the procedures established by them.
(f)
In the event of any proposed transfer of common
open space land by the homeowners' association within the methods
here permitted or of the assumption of maintenance of common open
space land by the Township as hereinafter provided, notice of such
action shall be given to all property owners within the development.
(g)
The organization shall have or hire adequate
staff to administer common facilities and maintain common open space.
(h)
The property owners' organization may lease
back open space land to the developer, his heirs or assigns or to
any other qualified person or corporation, for operation and maintenance
of open space lands, but such a lease agreement shall provide that
the residents of the development shall at all times have access to
the open space lands contained therein; that the common open space
to be leased shall be maintained for the purposes set forth in this
chapter; and that the operation of open space facilities may be for
the benefit of the residents only or may be open to the residents
of the Township. The lease shall be subject to the approval of the
Township, and any transfer or assignment of the lease shall be further
subject to the approval of the Board of Commissioners. Lease agreements
so entered upon shall be recorded with the Recorder of Deeds of Montgomery
County within 30 days of the execution, and a copy of the recorded
lease shall be filed with the Manager of the Township.
(i)
Any amendments or modifications shall be first
submitted to the Township for approval.
(3)
Use and design.
(a)
The common open space shall be laid out in accordance
with the best principles of site design, shall be consistent with
the Township's open space plan and shall be located and designed as
areas easily accessible to residents and preserving natural features.
(b)
The land development plans shall designate the
use of common open space and the type of maintenance to be provided.
In determining use and maintenance, the following may be used:
[1]
Lawn. A grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to ensure a neat and tidy appearance.
[2]
Natural area. An area of natural vegetation
undisturbed during construction or replanted; such area may contain
pathways. Meadows shall be maintained as such and managed in accordance
with a minimal maintenance plan acceptable to the Township. Noxious
vegetation shall not be allowed to proliferate. Litter, dead trees
and brush shall be removed and streams kept in free-flowing condition.
[3]
Recreation area. An area may be designated for
a specific recreational use, including but not limited to: tennis,
swimming, shuffleboard play fields and tot-lots. Such areas shall
be located and maintained in such manner as not to create a hazard
or nuisance and shall perpetuate the proposed use.
[4]
Designated planting and recreation facilities
within the open space areas shall be provided by the developer. A
performance bond or other securities may be required to cover costs
of installation in accordance with this chapter.
(4)
Maintenance. In the event that the organization established
to own and maintain a common open space or any successor organization
shall at any time fail to maintain the common open space in reasonable
order and condition in accordance with the development plan, the Township
may serve written notice upon such organization or upon the residents
and owners of the development, setting forth the manner in which the
organization has failed to maintain the common open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof and shall state the
date and place of a hearing thereon, which shall be held within 14
days of the notice. At such hearing, the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be corrected. If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be corrected within said 30 days or any extension thereof, the
Township, in order to preserve the taxable values of the properties
within the development and to prevent the common open space from becoming
a public nuisance, may enter upon said common open space and maintain
the same for a period of one year. Said entry and maintenance shall
not constitute a taking of said common open space and shall not vest
in the public any rights to use the common open space, except when
the same is voluntary dedicated to the public by the residents and
owners and such dedication is acceptable to the Township. Before the
expiration of said year, the Township shall, upon its initiative or
upon the request of the organization theretofore responsible for the
maintenance of the common open space, call a public hearing upon notice
to such organization or to the residents and owners of the development,
to be held by the Township, at which hearing such organization or
the residents and owners of the development shall show cause why such
maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If the Township shall determine that
such an organization is ready and able to maintain said common open
space in reasonable condition, the Township shall cease to maintain
said common open space at the end of said year. If the Township shall
determine that such organization is not ready and able to maintain
said common open space in a reasonable condition, the Township may,
in its discretion, continue to maintain said common open space during
the next succeeding year and, subject to a similar hearing and determination,
in each year thereafter. The decision of the Township in any case
shall constitute a final administrative decision subject to judicial
review. All costs and expenses incurred by the Township in the abatement
or correction of the aforesaid deficiencies or maintenance of the
aforesaid common open space shall be a lien upon said premises, and
whenever a bill therefor remains unpaid for a period of 60 days after
it has been rendered, the Township Solicitor may file for a municipal
claim or an action of assumpsit against the homeowners' association
for such costs and expenses, together with a penalty of 10%, in a
manner provided by law for the collection of municipal claims. The
homeowners' association shall also be responsible for the payment
of reasonable attorney's fees to the Township.
T.
Regulation of satellite dishes.
(1)
Not more than one satellite dish may be mounted above
the roofline of the principal building for each lot, and said dish
or similar attachment shall have a maximum diameter not greater than
three feet.
(2)
Ground-mounted satellite dishes and other similar
devices may be placed on a lot as an accessory use only and shall
conform to all required height, setback and yard and coverage requirements
applicable to accessory buildings for the district in which located,
and further, such structures or devices shall not be permitted within
the minimum required front yard established for the district.
U.
Access and highway frontage.
(1)
Unless clearly impracticable, all lots in a residential
subdivision shall have direct access only to a local or feeder street.
(2)
Where residential lots are created having frontage
on an existing arterial or collector street within the Township, the
subdivision street pattern shall provide reverse frontage access to
a street of lower classification created within the subdivision rather
than access to the existing arterial or collector street. All such
lots shall be provided with a minimum rear yard of 75 feet from the
right-of-way line.[4]
