No more than one principal use shall be permitted on a lot in a residential district, unless specifically permitted by this chapter. See § 275-169C.
A.
Street frontage required.
(1)
Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 230, Subdivision and Land Development.
(2)
Minimum width of frontage. For any single-family detached dwelling, single-family semidetached dwelling, institutional use or commercial or industrial use, a minimum frontage of 25 feet is required at the existing right-of-way of a public street or 20 feet at the cartway of a private street, unless a wider frontage is required by the regulations of a particular district. See provisions for flag lots in § 275-171B(9).
B.
Two or more buildings on a lot. When two or more principal
buildings involving two or more principal uses are permitted to exist
on a lot:
C.
Multiple occupancy.
A.
No building shall exceed the maximum building height
standard specified in the relevant district regulations of this chapter,
except that such standard shall not apply to farm silos, communications
towers, amateur radio antenna, water towers, belfries or steeples
of places of worship, electrical transmission lines, elevator shaft,
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 250 feet above the average surrounding ground level.
B.
Height and aircraft. All uses are subject to any applicable
regulations of the Federal Aviation Administration and the Pennsylvania
Bureau of Aviation regulating the heights of structures within proximity
of any airport. In addition, any structure designed to have a height
of 150 feet or more above average surrounding ground level must present
with the zoning permit application a written statement from the Federal
Aviation Administration that the agency does not object.
A.
General regulations.
(1)
The lot or yard requirements for any new building
or use shall not include any part of a lot that is required by any
other building or use to comply with the requirements of this chapter.
(2)
No required lot area or yard shall include any
property (the ownership of which has been transferred subsequent to
the effective date of this chapter), if such property was a part of
the area required for compliance with the dimensional requirements
applicable to the lot from which such transfer was made.
(3)
No part of yard, or other open space, or off-street
parking or loading space required about or in connection with any
building for the purpose of complying with this chapter, shall be
included as part of a yard, open space or off-street parking or loading
space similarly required for any other building.
(4)
Emergency access. All buildings shall have adequate
provisions for access by emergency vehicles.
(5)
Setbacks not applicable. The accessory or principal setbacks of this chapter shall not apply to central air conditioning units for individual dwellings. See also exemptions for certain essential services in Article XX.
(6)
Accuracy. The applicant is responsible to make
sure that all measurements submitted to the Township are accurate.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Through lots. Any lot having frontage on two
approximately parallel streets shall provide a required front yard
setback abutting each of these streets.
(3)
Corner lots. Setback areas 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 can show
that the provision of a smaller setback of a different yard will comply
with the clearly prevailing yard pattern on existing developed adjoining
lots.
(4)
Projections into required yards. Cornices, eaves,
sills or other similar architectural features, exterior stairway,
fire escape or other required means of egress, rain lead or chimney
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 required under a drainage or utility easement.
(5)
Septic systems. Nothing in this chapter shall
prevent the Township Sewage Enforcement Officer from requiring a minimum
lot size larger than what is stated in this chapter to carry out state
sewage regulations.
(6)
Previously approved setbacks. Where a residential
subdivision 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 this chapter.
(7)
Front yards. In any residential zoning district
where more than 75% of the residential block frontage has been improved
prior to the effective date of this chapter with buildings having
front yards of less depth than that required for the particular zoning
district, then the required front yard setback may be decreased for
such block to not less than the minimum of the majority of the buildings
which existing prior to the effective date of this chapter. Once established,
this minimum building setback shall be regarded as the front setback
for that block and maintained as such.
(8)
Decks and porches. See exceptions in § 275-190D(5), Decks and patios, and in the definition of "yard, front" in § 275-24.
(9)
Flag lots.
(a)
Definition. A "flag lot" is a lot which does
not meet the minimum lot width of this chapter at the minimum building
setback line, but which still includes its own lot frontage upon a
street.
(b)
A lot approved as a flag lot shall meet the
minimum lot width requirement at the proposed front yard building
setback line, instead of the minimum building setback line. The minimum
front yard shall be measured at a point where the lot significantly
widens from the width of the "pole" portion of the lot.
(c)
A flag lot shall not be created from an existing
lot of less than two acres. A maximum of one flag lot may be created
from an existing lot of two to 20 acres. A maximum of two flag lots
may be created from an existing lot of over 20 acres.
(d)
A flag lot shall have a minimum of 25 feet of
frontage along a public street, measured at the street right-of-way
line. The "pole" portion of the lot shall be in fee-simple ownership
with the remainder of the flag lot.
(e)
The flag lot shall have its own driveway to
reach a public street.
(f)
The flag lot shall only include one single-family
detached dwelling and its permitted accessory uses.
(g)
Any portion of a flag lot that has a minimum
width of less than 40 feet shall not count towards the minimum lot
area.
(h)
As a condition of subdivision approval, the
Board of Commissioners may require that a fifty-foot minimum width
of the "pole" portion of the lot be established to provide for the
right-of-way of any future local street extension if such street may
be necessary in the future to provide access to the interior of a
tract of land.
C.
Sight distance at intersections.
(1)
Sight lines at intersection of streets.
(a)
Intent: to ensure that traffic passing through
an intersection or turning onto a street can safely see oncoming traffic.
(b)
A triangular area as defined in Subsection C(1)(d) shall be graded and shall be kept free of sight obstructions, including fences, so that vision between the ground level and a height of 10 feet above the center line grades of the intersecting streets is not obscured, within the triangular area defined in Subsection C(1)(d).
(c)
This sight distance shall be protected by a
deed restriction, lease restriction or plan amendment (whichever method
is applicable).
(d)
Such triangular area shall be bounded by the
intersecting street center lines and a diagonal connecting two points,
one which is at each end of the center line of each street:
[1]
One hundred fifty feet from the intersection
of such street center lines, if either street is an arterial street.
 |
[2]
One hundred feet from the intersection of such
street center line, if either street is a collector or connector street.
[3]
Seventy-five feet from the intersection of such
street center lines, if both streets are local streets.
(e)
Along a specific street or driveway intersection
where clear site distance is required by a PennDOT highway occupancy
permit, the Township may require an alternate sight distance triangle
that is generally based upon such PennDOT sight distance criteria.
(2)
Sight lines at intersections of driveways or
access drives with streets.
(a)
A triangular area as defined in Subsection C(2)(b) shall be graded and shall be free of sight obstructions, including fences, and vegetation so that vision between the ground level and a height of 10 feet above the center line grades of a driveway or access drive intersecting with a street is not obscured within the triangular area defined in Subsection C(2)(b).
(b)
This sight distance shall be protected by a
deed restriction, lease restriction or plan amendment (whichever method
is applicable).
(c)
Such triangular area shall be bounded by the
intersecting driveway, access drive or street center lines and a diagonal
connecting two points, one which is at a set point along the center
line of each driveway, access drive or street.
(d)
As seen in the illustration below, this set
point shall be 30 feet from the intersection of the center lines along
the driveway or accessway and a point the following distance from
the intersection center lines along the street:
D.
Buffer yards. Buffer yards with plant screening complying
with the following standards shall be required under the following
situations:
(1)
Width and locations. Buffer yards shall be required
in the following situations:
|
Provided By the Following Use:
|
When the Use Providing the Screening and
Buffer is:
|
Width of Required Buffer Yard
(feet)
| |
|---|---|---|---|
|
Any newly developed or expanded principal industrial
use or any industrial storage or loading area.
|
Abutting a residential district or within 250
feet of an existing dwelling
|
50
| |
|
Any newly developed or expanded principal commercial
use or dormitory or college or university building.
|
Abutting a residential district or within 250
feet of an existing dwelling
|
30
| |
|
Any newly developed or expanded industrial outdoor
storage or area routinely used for the parking of 4 or more tractor-trailers.
|
Abutting the existing right-of-way of an expressway,
arterial or connector street
|
20, unless such area would be completely screened
from view of such streets by buildings
| |
|
Any use required to provide a buffer yard under
another section of this chapter.
|
20, unless stated otherwise
|
(2)
Location.
(a)
The buffer yard shall be measured from the district
boundary line, existing street right-of-way line or lot line, whichever
is applicable.
(b)
Buffer yards shall not be within an existing
street right-of-way and shall be in addition to that right-of-way.
(c)
The buffer yard may include areas with a required
front, side or rear yard, provided the larger yard requirement shall
apply in case of conflict.
(d)
Buffer yards shall not be required where an
existing expressway exists between a residential and a business district.
(e)
On a corner lot, a buffer yard shall not be
required along the more heavily traveled of the two streets.
(3)
Characteristics.
(a)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicular parking. No new driveways or streets shall be permitted in the buffer yards except at points of approximately perpendicular ingress or egress. One conforming freestanding sign may be located in a buffer yard in a front yard, provided such sign complies with the sight distance requirements of Subsection C.
(b)
Maintenance. In all buffer yards, all areas
not within the planting screen shall be planted with grass seed, sod
or ground cover and shall be maintained and kept clean of all debris,
rubbish, grass more than eight inches in height or weeds.
(c)
Preservation of existing vegetation or slopes. Where a buffer yard would be required and an existing tree line, thick vegetation or steep slopes presently serves as a natural buffer, this buffer shall be maintained for the width required under Subsection D(1). See also § 275-138. 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.
(d)
Waiver. The Board of Commissioners, considering
advice of the Planning Commission, may waive or modify buffer yard
and plant screening requirements where the applicant proves that:
[1]
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
[2]
Topographic conditions or the creation of berms
by the developer would clearly relieve the need and cause for screening;
or
[3]
Where owing to existing building, yard setback
and lot depth conditions, the provisions for screening would create
a hardship or is deemed impossible, then a seven-foot high solid wooden
fence or decorative masonry wall may be permitted in place of the
evergreen screening. As part of any such application, the applicant
shall describe in writing the design and materials to be used, which
shall be subject to approval by the Township.
(e)
Fence. Any fence that may be constructed shall
be on the inside of any required evergreen screening.
(4)
Plant screen.
(a)
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 to serve as a barrier to visibility, airborne
particles, glare and noise.
(b)
Each planting screen shall be in accordance
with the following requirements:
[1]
Required plant materials shall have a minimum
height when planted of four feet.
[2]
Plant materials used in the planting screen
shall be of such species, spacing and size as can reasonably be expected
to produce, within four years, a 90% solid year-round visual screen
of at least six feet in height.
[3]
The planting screen shall be permanently maintained
by the landowner and any plant material that is not alive one year
after planting shall be replaced.
[4]
The planting screen shall be so placed that
at maturity it will be at least three feet from any street or property
line.
[5]
The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with the sight distance requirements of Subsection C.
[6]
A relatively naturalistic arrangement is encouraged,
as opposed to rigid straight lines. Likewise, a mix of species is
strongly encouraged.
[7]
Plants likely to grow substantially in diameter
shall be planted in two or more rows or offsets if needed to allow
space for future growth.
 |
(5)
(6)
Species of plants in buffer yards.
(a)
Trees and shrubs needed to form a required visual
screen shall be of the following or closely related species, unless
the applicant proves to the satisfaction of the Board of Commissioners,
Planning Commission or Zoning Officer that a substitution would be
appropriate. A required visual screen shall primarily include evergreen
plants. Leafy deciduous plants may be selectively used provided that
their use does not result in significant visual openings during the
winter. If more than 20 plants are needed, then a maximum of 40% of
such plants shall be of any one species.
[1]
Abies. All varieties of firs.
[2]
Buxus. All varieties of boxwood.
[3]
Caragana arborescens. Siberian pea shrub.
[4]
Chaenomeles Japonica. Flowering quince.
[5]
Cornus. All varieties of dogwood.
[6]
Cotoneaster divaricata. Spreading or upright
cotoneaster.
[7]
Crataegus crusgalli. Cockspur thorn.
[8]
Crataegus phaenopyrum. Washington hawthorn.
[9]
Elaeagnus angustifolia. Russian olive.
[10]
Euonymus. All varieties of euonymus.
[11]
Forsythia spectabilis. Snowy forsythia.
[12]
Hamamelis. All varieties of witch
hazel.
[13]
Hydrangea. All varieties of hydrangea.
[14]
Ilex. All varieties of holly.
[15]
Juniperus. All varieties of junipers.
[16]
Kalmia latifolia. Mt. Laurel.
[17]
Kolkwitzia amabilis. Beauty bush.
[18]
Ligustrum. All varieties of privet.
[19]
Lonicera. All varieties of honeysuckle.
[20]
Magnolia. All varieties of magnolia.
[21]
Picea. All varieties of spruces.
[22]
Pinus. All varieties of pines.
[23]
Pseudotsuga menziesii. Douglas
fir.
[24]
Rhododendron spp. Hardy varieties.
[25]
Spirea. All varieties of spirea.
[26]
Syringa. All varieties of lilac.
[27]
Taxus. All varieties of yews.
[28]
Thuja occidentalis. American arborvitae.
[29]
Tsuga. All varieties of hemlocks.
[30]
Viburnum. All varieties of viburnum.
(7)
Seriously incompatible uses. The Board of Commissioners,
based upon the recommendation of the Planning Commission, may require
additional screening and buffer yard width where it can be clearly
shown that the combination of uses represent a serious threat of incompatibility.
(9)
Outparcels. All access to outparcels for commercial
and office developments under the same ownership and consolidated
for the purposes of development or phased developments, shall be derived
using internal roadways. Separate access to outparcels from arterial,
connector or collector streets shall be prohibited.
[Added 6-19-2006 by Ord. No. 03-06]
A.
Any part of a commercial, industrial or institutional
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season ground cover and shall be landscaped with trees
and shrubs. All such areas shall be well-maintained.
C.
Minimum landscaping. In addition to other landscaping
requirements of Township ordinances, any proposed new principal commercial,
industrial, garden apartment or institutional building shall be accompanied
by the planting of at least five additional trees or shrubs for every
one acre of proposed new impervious coverage.
(1)
Such plants shall, to the maximum extent feasible,
be placed in highly visible locations, such as adjacent to public
streets or expressways and/or between the use and adjacent existing
or future residential areas.
(3)
Each deciduous tree required by this section
shall have a minimum trunk width of 1.5 inches measured at one foot
above the ground elevation. Each other tree or shrub required by this
section shall have an initial height of 30 inches.
(4)
Shrubs and plants shall not be placed in locations
where they are likely to eventually obstruct sight distance within
parking areas, driveways and access drives.
D.
Alternative landscaping. An applicant may submit an
alternative landscape design prepared and sealed by a registered landscape
architect, or similar qualified professional, that includes a greater
total number of plantings than is normally required under Township
ordinances, but in different arrangements, locations and species.
The Planning Commission may accept such an alternative landscape design
in place of all landscaping requirements of Township ordinances if
the applicant proves to the satisfaction of the Planning Commission
that such a design would meet the intent of Township ordinances and
be superior in quantity, quality and effect to what would normally
be required.
A.
Purpose. Minimum future right-of-way widths are established
for streets where the existing right-of-way is less than the width
indicated in this section for the particular class of street. These
future rights-of-way are designed to seek to reserve adequate rights-of-way
for future circulation improvements, including street widenings, shoulders,
bikeways, sidewalks and improvements of sight distance, and to provide
rights-of-way for needed public sewer and water lines, other utilities
and stormwater improvements.
B.
Dedication of future right-of-way. See any requirements in Chapter 230, Subdivision and Land Development.
C.
Measurement.
(1)
The future right-of-way shall be measured with
1/2 on either side of the center line of the existing right-of-way.
If the existing right-of-way is clearly significantly off-center of
the cartway, then the center line of the cartway shall be used for
measurements.
(3)
Minimum setbacks shall be measured from the
future right-of-way line, regardless of whether such future right-of-way
has actually been dedicated.
D.
Minimum widths. The following future rights-of-way widths shall be measured along each street, unless a differing right-of-way is established by Chapter 230, Subdivision and Land Development.
|
Street Classification
|
Minimum Future Right-of-Way
(feet)
| |
|---|---|---|
|
Expressway
|
120
| |
|
Arterial street
|
80
| |
|
Connector street
|
60
| |
|
Collector street
|
60
| |
|
Local and private street
|
50
|
E.
Ownership and maintenance. All future street right-of-way widths shall remain a part of the adjacent lot of that adjacent lot owner, except as may be required otherwise by Chapter 230, Subdivision and Land Development, until such time that the Township or PennDOT may require dedication, purchase or otherwise assume ownership of the future right-of-way. The owner of the adjacent property shall be responsible for maintenance of portions of the existing and future right-of-way that are not part of a street cartway or shoulder.
A.
Every lot with an industrial and commercial use shall
have access onto at least one street with a minimum cartway of 20
feet.
B.
Access. A driveway or access drive 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 shall
not apply to existing access or existing nonconforming uses. This
restriction shall not apply to a driveway or accessway that will be
clearly limited to use by only emergency vehicles.
[Amended 6-19-2006 by Ord. No. 03-06]
A.
Access.
(1)
Maximum number of access points. Subject to
the other requirements of this chapter, a maximum of one access shall
be permitted onto an arterial, connector or collector street. A maximum
of one additional access point may be permitted if the applicant proves
to the satisfaction of the Planning Commission, through a capacity
and circulation analysis, that an additional access point is necessary
to accommodate traffic to and from the site and it can be achieved
in a safe and efficient manner.
(2)
Where practical, access to adjoining commercial
lots and to a maximum of two residential properties shall be provided
by a common access drive or driveway in order to minimize the number
of access points along arterial, connector and collector streets subject
to the provisions of this section. The provision of joint access shall
be subject to the creation of an easement with provisions allowing
cross access between the properties within the access road area. The
joint access arrangements shall include a recorded joint agreement
defining the maintenance responsibilities of each of the property
owners served by the access road. The terms and conditions of the
easement and joint agreement shall be subject to the review and approval
of the Township Solicitor.
(3)
The total number of access points shall always be minimized. Nothing in this chapter shall limit the authority of the Board of Commissioners to limit access beyond the requirements of this chapter, if authorized by Chapter 230, Subdivision and Land Development.
(4)
The minimum separation between an access point
or driveway and an interchange ramp for a limited-access highway shall
be 300 feet measured from the end of a ramp radius or the intersecting
edge of the pavement of the ramp speed change lane to the beginning
of the access radius.
B.
Large developments. These standards shall be followed
for any development involving more than three commercial (including
retail, service or office uses) lots, or more than four acres of commercial,
garden apartment or townhouse uses.
(1)
Each principal building shall have its access
upon a marginal access street, service road, common parking lot or
similar area and not directly upon an arterial or connector street.
(2)
Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines, except that such point of vehicular access which converts a T-intersection into an intersection of two streets which cross one another shall be permitted, and except where a more restrictive requirement is stated in Chapter 230, Subdivision and Land Development, or required by PennDOT.
C.
Reverse frontage encouraged. Direct vehicular access
from individual lots abutting arterial or connector streets shall
be strongly discouraged. Instead, it is very strongly encouraged that
interior road systems be developed to minimize the number of total
access points onto a minor arterial or collector road. Uses should
back onto major roads, but with access available from an alternative
road.
D.
Cross access shall be provided between adjoining commercial
properties that front on an arterial, connector or collector street
to provide circulation between the properties, unless the applicant
proves to the satisfaction of the Planning Commission that such cross
access is not feasible. The circulation plans of the adjoining properties
shall be coordinated. The availability of cross access shall be visually
obvious. The property owners with cross access shall record an easement
allowing cross access to and from the other properties. The terms
and conditions of the easement shall be subject to the review and
approval of the Township Solicitor.
A.
Registration of nonconformities. The Zoning Officer
may seek to identify and register some or all nonconforming uses and
structures. However, the burden of proof involving a nonconforming
use shall be on the party asserting the nonconformity.
B.
Continuation. A nonconforming use, structure or lot
as defined by this chapter, may be continued, maintained, improved
and repaired, provided it conforms to this section and other applicable
ordinances of the Township, (except as provided for in § 275-171G).
C.
Change or expansion of nonconforming use; nonconforming
lots; nonconforming structures.
(1)
Nonconforming structure.
(a)
A nonconforming structure may be altered, reconstructed
or enlarged, provided that:
(2)
Nonconforming lots of record. Permitted land
uses and structures may be established, constructed or expanded on
a nonconforming lot only within each of the following requirements:
(a)
Smaller lots. If either the proposed minimum
lot width or the minimum lot area would be less than 70% of what would
normally be required, the application shall be required to go before
the Zoning Hearing Board as a variance request.
(b)
Larger lots. If the lot would be 70% or greater
than the minimum lot width and minimum lot area, construction on the
lot may be permitted by right for permitted-by-right uses, provided
that all other requirements of this chapter are complied with.
(c)
Lawfully existing. A use may only be developed
on a nonconforming lot if it is a lot of record that lawfully existed
prior to the adoption of this chapter. Otherwise, a variance would
need to be granted before any construction on the lot could occur.
(d)
Setbacks. Yard setbacks and other requirements
of this chapter shall be complied with unless a variance is granted
by the Zoning Hearing Board, or unless the Zoning Hearing Board allows
construction under the following waiver:
[1]
In a residential district, minimum yard setback
may be reduced to a minimum of 70% of what would normally be required
if the lot is deemed adequate for building under this section and
if the Zoning Hearing Board determines that such reduction would result
in the construction of a single-family detached dwelling that would
be more compatible with the character of adjacent residential areas
than if the yard requirement was not reduced.
(e)
Only one principal and its customary accessory
uses that are permitted by right in that district may be developed
on a nonconforming lot.
(f)
In an RR or LDR District, as an absolute minimum,
in no case shall a principal building be developed on a nonconforming
lot with minimum lot area of less than 5,000 square feet or a minimum
lot width at the minimum building setback line of less than 45 feet.
(g)
In the MDR District, as an absolute minimum,
in no case shall a principal building be developed on a nonconforming
lot with a minimum lot area of less than 3,500 square feet or a minimum
lot width at the minimum setback line of less than 35 feet, except
for a lot that was specifically approved in the past for a single-family
semidetached dwelling (twin).
(h)
For any variance or special exception request
under this section, the Zoning Hearing Board shall consider if any
reasonable use could be made of the property other than a proposed
use that would less significantly adversely affect the established
character of an existing residential neighborhood.
(i)
The nonconformity shall not have been self-created.
(j)
Contiguous nonconforming lots under common ownership
shall be considered one lot.
(k)
Any lot proposed to use an on-lot septic system
shall meet all DEP requirements, plus shall have sufficient open area
that would also meet DEP requirements for a second drainfield, for
use in case the first drainfield fails.
(3)
Expansion of a nonconforming use. A nonconforming
use or a building used by a nonconforming use shall not be expanded
or enlarged, except in accordance with the following provisions:
(a)
Such expansion or enlargement shall be permitted only by special exception from the Zoning Hearing Board under the provisions of Article I.
(b)
Such alteration, reconstruction, extension or
enlargement shall be only upon the same lot that the nonconforming
use was located upon at the time the use became nonconforming.
(c)
A nonconforming use shall not be increased in
total building coverage, total impervious coverage, total land area
in use, total floor area or total number of dwelling units by greater
than 50% beyond the respective total measurement that existed in such
use at the time such use becomes nonconforming. Whichever of these
limitations is most restrictive shall apply. This maximum increase
shall be measured in aggregate over the entire life of the nonconformity.
(d)
Any expansion of a nonconforming use shall only
occur outside of the required setbacks, unless a variance is also
granted by the Zoning Hearing Board.
(e)
In a residential district, as a minimum, a nonconforming
use proposed to expand shall meet the setback requirements that would
otherwise apply to a single-family detached dwelling.
(f)
An existing nonconforming dormitory, townhouse
or garden apartment use shall not be expanded more than 10% in the
total number of beds, total number of dwelling units and total floor
area of such building, whichever is more restrictive, during the life
of the nonconformity.
D.
Restoration.
(1)
A nonconforming structure [except as provided
for in Subsection G(3)] that has been destroyed or damaged equal to
50% or more of its total 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 damage or destruction. A nonconformity may not be
increased by any reconstruction.
(2)
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.
(3)
Restoration and abandonment regulations of this
section shall not apply to crop farming uses, which may be restored
by right without any time limitation.
E.
Ownership. Whenever a nonconforming use, structure
or lot is sold to a new owner, a previously lawful nonconforming use
may be continued by the new owner, within the requirements of this
chapter.
F.
Abandonment of nonconforming uses.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 365 days, except as provided for in Subsection F(3), subsequent use of such building or land shall conform with the regulations of the district in which it is located.
(2)
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:
(a)
For a residential use, actual habitation of
the premises.
(b)
For a business use, actual conduct of business
on the premises.
(c)
Payment of a non-nominal amount of money in
a lease.
(d)
Actual purchase for such a use.
(e)
Substantial financial and/or labor investment
in a property for such a use.
(f)
Actual applications to the Zoning Hearing Board
for uses.
(3)
Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, outside storage areas and similar nonconforming uses of open land, when discontinued for a period of 90 days or damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed. For parking of commercial vehicles, see § 275-145.
G.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to another
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board after the following conditions are met:
H.
District changes. Whenever the boundaries of a district
are changed so as to transfer an area from one district to another
district, the provisions of this section shall also apply to any nonconforming
uses or structures existing in the district to which the area was
transferred.
I.
Floodplain area. In the floodplain area, as defined by Chapter 135, Floodplain Management, all nonconforming structures and uses, including agricultural, shall be subject to the following:
(1)
Existing nonconformities located in such district
shall not be extended, expanded or enlarged, unless any effect of
the proposed extension, expansion or enlargement on flood heights
is fully offset by accompanying stream improvements.
(2)
Any modification, alteration, repair, reconstruction
or improvement of any kind to an existing nonconformity, to an extent
or amount of less than 50% of its market value, shall be elevated
and/or floodproofed at least 1 1/2 feet above the standard project
flood or the one-hundred-year flood, whichever is greater, to the
greatest extent possible.
(3)
Any modification, alteration, reconstruction
or improvement of any kind to an existing nonconformity, to an extent
or amount of 50% or more of its market value shall be undertaken only
in full compliance with the provisions of this ordinance and all other
applicable Township, state and federal ordinances and regulations.
Except for the temporary uses allowed under
Subsection H, a temporary permit may be issued only if authorized
by the Zoning Hearing Board as a special exception for structures
or uses subject to the following additional provisions:
A.
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.
B.
Statement from owner. Prior to the issuance of a permit
for a temporary use or structure, the applicant shall present a statement
from the owner of record of the land recognizing the application and
accepting responsibility to ensure that the use or structure is removed
once the permit expires.
C.
Removal. Such structure or use shall be removed completely
upon expiration of the permit without cost to the Township. If the
structure or use is not removed in a timely fashion after proper notification,
the Township may remove the use or structure at the cost of the person
who owns the land upon which the structure or use is located.
D.
Bond. The Zoning Hearing Board may require that a
bond or other acceptable form of security be posted by the applicant
to ensure removal of the temporary use or structure. Such a bond shall
be equal to 125% of the cost of removing the structure or use, as
estimated by the Township Engineer.
E.
Compatibility. The temporary use or structure shall
be compatible with adjacent uses.
F.
Conditions. The temporary use or structure shall clearly
be of a temporary nature.
G.
Construction vehicle parking and temporary offices. See § 275-190D(6), Essential services, a permitted-by-right accessory use, in Article XX.
H.
By right temporary uses. Special exception approval
under this section shall not be required for the following uses and
structures and instead a permit for a temporary use may be issued
by the Zoning Officer, if required clear sight distances are not obstructed
and accessory setback requirements are met.
(1)
The temporary erection of a tent or similar
structure for a maximum of six days once in any three-month period
for the following activities, or for similar activities that the applicant
proves to the Zoning Officer are routine customarily accessory uses:
(2)
One temporary dwelling for residents of a damaged
dwelling during a period of construction, with permits to be issued
for one six-month period, with only one renewal allowed. This exemption
shall not apply to nonresidential temporary structures.
A.
Intent. Some uses warrant particular attention. A
site plan review is required for these uses to more effectively ensure
compliance with this chapter and to provide a review of items such
as traffic access.
B.
Conditional uses. For conditional uses, the site plan review should be part of the requirements and review of the conditional use (see § 275-18).
C.
When required.
(1)
A site plan meeting the requirements of this section shall be submitted for any of the following proposed uses or buildings [except as provided by Subsection C(2)].
(a)
Any new principal building or building expansion of more than 2,000 square feet of floor area built in any consecutive twenty-four-month period or any principal building which is not classified as a "land development" under Chapter 230, Subdivision and Land Development, provided any such building or expansion involves any of the following land use categories:
(b)
Any new or expanded paved area of greater than
5,000 square feet.
(c)
Any dormitory, townhouse, garden apartment or
mid-rise apartment principal building.
(d)
Conversion of a noncommercial building to a
new principal commercial use.
(e)
Commercial communications tower.
[Added 3-19-2001 by Ord. No. 03-01]
(2)
A site plan shall not be required under this
section under the following conditions:
D.
Procedure for permitted-by-right uses requiring site
plan review.
(1)
Initial reviews.
(a)
The applicant shall ensure that a proposed use
will be allowable under this chapter prior to a submission to the
Planning Commission for a formal site plan review.
(b)
The formal submission to the Planning Commission
shall not occur until any needed zoning variances or special exception
approval are received.
(c)
The applicant or the Planning Commission may
request an informal review by the Planning Commission of a site plan
prior to requesting variances or a special exception.
(2)
Submission.
(a)
Fourteen 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.
(b)
The applicant shall make separate applications
to other review agencies, where applicable, such as the Lehigh Valley
Planning Commission for stormwater and the Township Sewage Department.
Where appropriate, separate applications shall also be made to the
Northampton County Conservation District, the State Department of
Environmental Protection and the State Department of Transportation.
(c)
See also § 275-11F(3) pertaining to notice to neighbors.
(3)
Time. The Planning Commission and the Board
of Supervisors shall both review the site plan within 90 days of the
first regularly scheduled Planning Commission meeting after the receipt
of a complete site plan submission, unless the applicant agrees in
writing to an extension.
(4)
Effect. A site plan review by itself shall not
relieve the applicant of any obligation under a Township ordinance
nor constitute a recommendation for a zoning variance.
(5)
Distribution. The Township shall distribute
the copies of the site plan to the Planning Commission and should
provide it to the Township Engineer. A minimum of one copy shall be
retained in the Township files. The Township fire services should
be given an opportunity for a review.
(6)
The Planning Commission shall review the site
plan and submit its written recommendations to the Board of Commissioners.
(7)
The Board of Commissioners shall review the
site plan after the Planning Commission and submit its written recommendations
in writing to the Zoning Officer. Such recommendations should also
be sent to the applicant.
(8)
The Zoning Officer shall review the site plan
and determine its compliance or noncompliance with this chapter, based
upon his review and the findings of the review of the Board of Commissioners.
(9)
Compliance. The applicant or his successor shall
comply with the site plan upon which the zoning approval was received.
Any changes to the site plan shall be resubmitted to the Township
for approval.
(10)
Recording. The applicant shall be responsible
to ensure that the site plan is recorded in the Office of the Recorder
of Deeds within 45 days of approval, with a return receipt to the
Township.
E.
Site plan requirements. The following information
shall be included on the site plan, unless waived by the Planning
Commission as not applicable or necessary:
(1)
A statement describing the proposed use.
(2)
Layout. A site layout 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.
(3)
Staging. If the application relates to property
which is scheduled to be developed in successive stages, such plans
shall show the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(4)
Buffer yards. The width of any buffer yard and
the heights, spacing and types of plants to be used for screening.
Details of any proposed earthen berm or acoustic barrier.
(5)
Landscaping. Description of the general numbers,
locations and types of landscaping to be provided in off-street parking
lots, along streets and in other areas.
(6)
Use areas. The proposed use areas within the
development, including outdoor storage or display areas.
(7)
Parking. The locations and numbers of parking spaces; the location, direction and widths of lanes; the location and sizes of off-street loading areas. The method of calculating the off-street parking requirement shall be shown, based upon Article XVII.
(8)
Streets. The location, rights-of-way and cartway
widths of any proposed or abutting streets, and the classification
of these streets based upon the Official Street Classification Map.
(9)
Lighting. The height, location and approximate
intensity in candlepower of exterior lighting.
(10)
Sidewalks. The location and width of sidewalks.
(11)
Utilities. Provisions to be made for treatment
and disposal of sewage and industrial wastes and water supply, including
any proposed and an alternate backup on-lot septic leach field locations.
(12)
Dwellings. The proposed density in terms of
number of dwelling units per acre of land.
(13)
Nuisances and safety. A description of any proposed
industrial or commercial operations or storage in sufficient detail
to indicate effects of those operations in producing noise, glare,
air pollution, 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.
(14)
Open space. For any common open spaces, the
function, proposed improvements and proposals for ownership, maintenance
and management of the land.
(16)
Drainage. All proposed site grading and drainage provisions and proposals. Proposals for maintenance, ownership and liability responsibilities for stormwater detention basins. Such stormwater control methods shall meet the requirements of Chapter 230, Subdivision and Land Development, any adopted Township Stormwater Ordinance[1] and § 275-180 of this chapter.
(17)
A key map showing the entire project and its
relation to surrounding lots and existing and approved buildings and
streets. All adjacent land uses shall be designated.
(18)
Zoning districts and requirements.
(19)
Soils delineations from the County Soil Survey
and floodplain area delineations from the official floodplain maps.
(20)
Name of the person who prepared the site plan.
The site plan shall be prepared by a licensed professional engineer,
registered land surveyor, registered landscape architect or registered
architect.
(21)
Certification of ownership or other clear form
of control of the land by the applicant and acknowledgment of plan
signed by landowner.
(22)
Traffic. When traffic information is submitted to PennDOT for any required highway occupancy permit, two copies shall also be sent at that time to the Zoning Officer. Section 275-179 also requires a traffic study for major traffic-generating uses.
(23)
Such other data or information as the Zoning
Hearing Board, the Planning Commission or the Board of Commissioners,
shall reasonably deem necessary to determine compliance of Township
ordinances.
(24)
Truck traffic. The applicant shall estimate
the amount, direction, times and types of heavy truck traffic that
will be generated.
(25)
Signs. The sign area, height, location and method
of lighting of signs.
A.
Intent. To allow the Township to determine the safety
and congestion impacts, and related costs, of proposed major traffic
generating uses. To require that applicants respond with reasonable
proposals to resolve the negative traffic impacts that their proposed
uses will cause on the public. To recognize that sufficient federal,
state and municipal funds are not available to resolve traffic problems
caused by private development.
B.
Uses requiring a traffic study. Any application for
any of the following uses shall be required to complete a traffic
study and include the findings in a written report:
(1)
Residential: 120 or more dwelling units.
(2)
Commercial: 20,000 square feet or more of total
floor area.
(3)
Office: 30,000 square feet or more of total
floor area.
(4)
Industrial: 60,000 square feet or more of total
floor area or any truck terminal.
(5)
Institutional: 30,000 square feet or more of
total floor area.
(6)
Any use or combination of uses that would generally
result in greater than 1,500 trips per day.
C.
Timing. Any required traffic study shall be submitted
at the same time or earlier as any preliminary plan, special exception,
conditional use or construction permit application, whichever is submitted
earliest.
D.
Costs. The full costs of completing the study and
of a review by the Township Engineer or other Township representative
shall be born by the applicant.
E.
Selection of professional. The applicant shall select
a professional engineer or other individual of comparable credentials
who is known for their expertise in traffic studies and who is acceptable
to the Township. A summary of the traffic engineering/planning qualifications
of the individual(s) who completed the study shall be included in
the report.
F.
Study area. Prior to initiation of the traffic study,
the traffic engineer or planner shall meet with the Township Engineer
to establish the area to be studied. This area shall be limited to
streets and intersections within a maximum of 1/4 mile of the proposed
project boundaries, except for a use projected to generate more than
3,000 trips per day which shall have a maximum study area of one mile
from the project boundaries.
G.
Joint studies. Joint traffic studies between different
applicants are strongly encouraged.
H.
Fees. In place of individual traffic studies, the
Board of Commissioners may require that an applicant provide a fee
in lieu of a study. This fee shall only be used towards the costs
of traffic studies sponsored by the Township. Any such fee shall be
established by resolution or ordinance of the Board of Commissioners.
I.
Project description. Any study shall include a description
of the proposed development, its proposed access and the surrounding
street system. If a development is proposed to occur in stages, each
stage shall be described and taken into account in the study. If the
applicant owns other lands within the study area, reasonable assumptions
shall be made about how that land can be expected to be developed,
and shall be taken into account.
J.
Existing traffic conditions. The traffic volumes and
service levels during the a.m. and p.m. peak hours shall be presented
for all streets and intersections in the study area that can reasonably
be expected to be significantly impacted. Traffic volumes shall be
based upon actual counts that occurred within the prior two years
and not upon state estimates. The locations of all accidents reportable
to the State Police within the study area during a recent two-year
period shall be noted.
K.
Expected traffic generation. The study shall include
an estimate of the number of trips expected to be generated by the
use and any future stages during the a.m. and p.m. peak hours. Such
estimates shall be based upon the latest published estimates of the
Institute of Transportation Engineers, or its successor entity.
L.
Projected effects. The study shall take into account
not only the use proposed by the applicant, but also other uses and
developments that have received building permits or preliminary subdivision
or land development approval from a municipality. The study shall
project a.m. and p.m. peak-hour traffic volumes and levels of service
on impacted intersections and streets. If the traffic generation by
the development would be more than 30% greater during any hour other
than the a.m. or p.m. peak hour on adjacent streets, the study shall
analyze both the peak hours for the development and for adjacent streets.
The study shall project what directions the traffic generated will
head towards.
M.
Levels of service. The study shall use the description
of the levels of service (A through F), for streets and highways established
by the U.S. Department of Transportation.
N.
Signal warrants. Heavily traveled intersections at
entrances to the development and other major unsignalized intersections
in the study area shall be studied to determine whether a traffic
signal is warranted by PennDOT criteria.
O.
Needed improvements. The study may take into account
traffic improvements which are clearly funded and will occur within
the next two years. The study shall include suggestions for how each
congested or hazardous intersection in the study area should be improved
to reduce the hazard or congestion, and a rough estimate of the cost
of that improvement.
P.
Applicant's response. The applicant shall respond
to the traffic study with proposals on what traffic improvements,
right-of-way dedications or commitments of financing for specific
projects the applicant proposes to commit to resolve the negative
traffic impacts of the proposed development. Such improvements or
financing may be staged in relation to the stages of the development.
The applicant may also agree to commit towards the long-term support
of a program to reduce peak-hour traffic by private vehicles, through
programs such as vanpooling, support of mass transit or staggered
work hours, in place of certain structural improvements.
Q.
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 230, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.
A.
B.
Review. All proposed stormwater control methods are
subject to review by the Township Engineer. All such methods shall
be professionally acceptable to the Township Engineer.
C.
Developments shall limit the rate of stormwater runoff so that no greater rate of runoff will occur than occurred on the site prior to development, except as Chapter 218, Stormwater Management, may specifically provide.
D.
Calculations. The applicant shall provide pre- and postdevelopment calculations for all uses, that involve any addition of impervious cover where site plan review under § 275-178, except for an individual single-family detached house on an individual lot. This requirement may be waived by the Township Engineer if there will not be a net increase of more than 8,000 square feet of impervious coverage. Where crop farming or disturbed earth exists on the site prior to development, meadow shall be used as the starting base for such calculations.
E.
The quantity, velocity and direction of resulting
stormwater runoff shall be managed in a manner as to adequately protect
persons and property from possible injury.
F.
Runoff water quality.
(1)
Intent: to seek appropriate stormwater control
measures to protect creeks from pollution from runoff. This may include
oil-water separation devices in catch basins to control runoff from
parking lots.
(2)
A professional study by an expert in methods
of controlling thermal pollution and polluted runoff shall be required
to be funded by the applicant if the development would:
(a)
Involve a total impervious cover of five acres
or more within 1,000 feet of a bank and within a drainage basin of
the Monocacy Creek, Nancy Run or Lehigh River; or
(b)
Involve a total impervious cover of 10 acres
or more within 5,000 feet of a bank and within a drainage basin of
the Monocacy Creek, Nancy Run or the Lehigh River.
G.
Individual lot drainage.
(1)
Lots shall be graded and drained in accordance
with the approved plan. If there is no approved plan, lots shall be
graded in a manner that is consistent with the existing drainage patterns
of the neighborhood and in a way that causes water to be diverted
away from the foundation of the house.
(2)
Subsurface drainage systems may be installed
in accordance with the following criteria:
(a)
Any drainage system intended to connect to the
Township storm drain system must receive the approval of the Township
Engineer.
(b)
Roof leader extensions, whether installed as
surface or subsurface systems must not cause an erosion problem, or
discharge water within five feet of a property line unless the pipes
are angled to cause the discharge water to flow parallel to the property
line.
(3)
All drainage systems, including roof drains,
sump pumps and swimming pool drainage, shall be discharged into an
appropriate location, such as a stormwater inlet or an established
drainage swale.
Every principal building shall post its street
number in such a prominent place that it can be clearly viewed from
a public street.
A.
Intent: to recognize severe stormwater runoff problems
that exist in many locations and to seek an efficient means of resolving
these problems.
B.
Severe stormwater problem areas. "Severe stormwater
problem areas" are those that routinely cause severe erosion, damage
to property, closing of streets to traffic and risks to persons. These
areas are generally identified in the Township Comprehensive Plan.
The Township Engineer shall determine in a case if a severe stormwater
problem area exists. A severe stormwater problem area shall be one
that seriously affects more than one lot and affects more than just
the property of the applicant.
C.
Resolution of problems. If a development would include
measures, such as a larger detention basin, that would substantially
reduce a preexisting severe stormwater problem area, a bonus may be
granted under this section. It shall be the responsibility of the
applicant to prove to the satisfaction of the Township Engineer that
the proposal would substantially reduce the problem.
D.
Ordinary requirements. No bonus shall be granted for
stormwater controls that would ordinarily be required under Township
ordinances, engineering reviews and state law.
E.
Bonus. The bonus under this section may be approved
by the Zoning Hearing Board as a special exception if they receive
a favorable recommendation from the Planning Commission and the Township
Engineer following any technical criteria of any Township Stormwater
Ordinance.[1] The bonus may at the option of the applicant take one
of the following forms, but shall not affect any other Township requirements:
(1)
Impervious coverage bonus. An additional 5%
of the total area of each lot may be covered by impervious surfaces,
beyond what is normally allowed; or
(2)
Lot area bonus. The minimum lot area may be
reduced by 5%. In the case of townhouses or garden apartments, the
minimum average buildable area per dwelling unit may be reduced by
5%.
A.
This option shall only apply to lots intended for
single-family detached houses, in any district where such houses are
allowed.
B.
Deed restrictions. Appropriate deed restrictions shall
be placed on each lot at the time of final subdivision to carry out
the requirements of this section. Such deed restrictions shall be
subject to prior approval by the Township Solicitor. The subdivider
shall provide clear evidence to the Zoning Officer that such deed
restrictions are in place.
C.
This option shall not apply to lots of less than one
acre that were created prior to the adoption of this chapter.
D.
Within the requirements of this section, a single-family
detached house may be placed on a side lot line or within one side
yard and not meet the requirement for two side yards. Instead, a side
yard equal to the sum of the two minimum side yards that would otherwise
be required shall be established as the other side yard of the building.
E.
This option shall only apply to lots within subdivisions
that are specifically shown on the approved final subdivision plans
for such construction.
F.
Maintenance easement. No single-family detached house
may be constructed under this section without both required side yards
unless the owner of an abutting residential lot grants to the owner
of the lot intended for construction within the side yard a permanent
ten-foot wide maintenance easement.
G.
No single-family detached house constructed under
this section shall be placed closer than 20 feet to any other principal
building or to an existing street right-of-way.
H.
All other required yards shall remain in effect.
A.
Intent: to allow certain land uses to be developed
with ownership of buildings or portions of buildings by individuals,
while all or most of the land area is owned commonly and maintained
by a homeowner's association.
B.
Lot area requirements. All lot area, setback and other
requirements of this chapter shall be able to be met by any use or
lot. However, with the approval of the Board of Commissioners, the
actual division of land into separate lots with separate ownership
is not required. Instead, a condominium form of ownership may be permitted.
C.
Maintenance of commonly owned land. Any process of
maintenance of commonly owned land shall meet the requirements of
§ 705.d. of the Municipalities Planning Code.[1] Any condominium or homeowners' association agreement shall
be reviewed by the Township Solicitor and require approval of the
Board of Commissioners prior to recording of the deeds. Any such agreement
shall be filed as part of the subdivision or land development plan.
[1]
Editor's Note: See 53 P.S. § 10705(d).
As a special exception in the RR District, the
Zoning Hearing Board shall authorize individual single-family detached
houses to be built on individual lots, each with a minimum lot area,
where all of the following criteria will be met:
A.
Each dwelling would be served with public water service;
B.
Each dwelling would be built with capped sewers built
to Township specifications;
C.
The director of the municipal authority or sewage
department states in writing that the lots are clearly expected to
be connected into the public sewer system within five years of final
approval of the lots, that the lots could be connected without uncompensated
public expense, and that the lot is not presently being connected
only because of insufficient public sewage capacity;
D.
The applicant pays at the time of issuance of each
building permit an amount of money equal to all normally required
sewer connection fees;
E.
Only every other lot is built upon, so that each building
lot abuts or is adjacent to a second undeveloped lot; and
F.
The lot shall meet the requirements that would normally
apply to a lot with the same lot area in the RR District.
Any principal commercial, industrial or institutional
building shall be separated by a minimum of 25 feet from any other
such building, unless the Township determines that the building layout
would provide sufficient access for emergency vehicles and personnel
in an alternative manner.
