[Ord. 2000-03, 9/14/2000, Art. XIV, § 1400]
All uses and activities shall comply with the standards in this
Part 14.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1401]
1.
Any proposed use must be a permitted use in that district (either
by right or upon receiving conditional use approval) or must have
received a variance for its use.
2.
This chapter does not prohibit more than one of the same use or more
than one principal use on any lot. If this condition is proposed,
no part of a required minimum lot area or required open space can
be used by another use or structure to meet its required minimums.
Unless otherwise permitted by the Board of Supervisors during subdivision
and/or land development review, any use or structure must occupy a
portion of the lot sufficiently sized and oriented to allow it to
be subdivided from that parent tract without creating any nonconformities.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1402]
On a corner lot, within the triangular area computed by the
method described below, nothing shall be erected, placed, or allowed
to grow to a height in excess of two feet above the center line grades
of the intersecting streets.
A.
No vehicle, object, or other obstruction of a height in excess of
two feet shall be parked or placed within the clear sight triangle
depicted below.
B.
No hedge, shrub, tree, or other growth shall be maintained within
the clear sight triangle at a height in excess of two feet except
existing trees.
(1)
Leaves and branches of existing trees within the clear sight
triangle shall be trimmed away to a height of at least 10 feet above
the center line grades of the intersection streets.
C.
The area of the clear sight triangle to be preserved at intersections
is determined by connecting a straight line between two points. Each
point is on the center line of one of the intersecting streets a distance
"d" from the point of street center line intersections.
|
"d"
|
Township Designation for Major Streets
| |
|---|---|---|
|
75 feet
|
Local
| |
|
90 feet
|
Collector
| |
|
120 feet
|
Arterial
|
D.
Clear sight triangle requirements have precedence over any other
setback, yard, or other requirements, unless they are not more stringent
than the clear sight triangle requirement; the most demanding requirement
shall apply.
E.
The clear sight triangle extends from a vertical height of two feet
to a vertical height of 10 feet at minimum.
F.
Traffic directional signs and parts thereof are excluded from the
requirements of this section.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1403]
1.
Minimum yards shall be required from all public and private roads,
streets, highways, and property lines.
2.
The required front yard varies depending upon the functional classification
of the road, street, or highway; the functional classification of
roads in the Township is delineated on its Official Map.
3.
Setback Requirements. No building or structures shall be placed within
any required yard or ultimate road, street, or highway right-of-way
line except lamp posts, driveways, mail boxes, sidewalks, and utility
lines, or such incidental items as may be agreed to by the Board of
Supervisors during the site or land development plan review.
A.
In the case of a proposed street, the street right-of-way line, the
street classification, and the setback line shall be shown on the
subdivision plan.
4.
Where a lot extends through from street to street or in the case
of a corner lot, the applicable front yard setback requirements shall
be applied to both streets.
5.
Exceptions for Existing Alignment. If the alignment of existing buildings
on either side of a lot within a distance of 50 feet of the proposed
building and fronting on the same side of the same street in the same
block is nearer to the street than the required front yard depth,
the Supervisors may accept the average of such existing alignment
within that distance as the required front yard, but in no case shall
the front yard be less than 20 feet.
6.
Projection into Yards. Ground-story bay windows, porches, and chimney
flues may project into required yard areas no more than four feet
[ADA required facilities are exempt]. Such projections shall not occupy
more than 1/3 the length of the building wall. Cornices and gutters
may project not more than two feet into a required yard. Fire escapes
may be permitted in accordance with this section in side and rear
yards only.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1404, as
amended by Ord. 2013-07, 11/14/2013]
1.
A fence shall be permitted on any property line. All fences shall
be installed with the finished side of the fence not containing the
support beams or posts facing toward the neighboring property.
2.
No fence shall exceed the following height limitations.
A.
Any fence located within the front yard shall be a maximum of 36
inches high and be able to be seen through from the street.
B.
No fence shall exceed six feet in height for a residential use.
C.
No fences shall exceed 10 feet in height in a commercial/industrial
use. Additional security measures above 10 feet may be approved by
the Board of Supervisors.
3.
(Reserved)
5.
No proposed fence, structure, or wall is permitted within the existing
or ultimate right-of-way of a public street, public easement, or clear-sight
triangle without the express permission of the Board of Supervisors.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1405]
1.
Applicability. The Zoning Map identifies the following environmental
features: floodplains, forest and steep slopes.
2.
Overlay Concept. The environmental features shown on the Zoning Map
are considered to apply an overlay zoning designation supplementing
the requirements of the underlying district. The more-restrictive
requirement shall apply.
3.
Discrepancies and Additional Environmental Regulations. Applicants
may dispute the presence of environmental features on his/her site
by presenting a plan for Township review based on actual field measurements
and/or calculations and certified by a professional land surveyor
or a professional engineer. The Zoning Officer shall review the plan
and make the final determination, accepting review from the Township
Engineer, the Planning Commission, and the Board of Supervisors, if
necessary. Also, environmental features not identified on the Zoning
Map may be present on a site. All applicable environmental performance
standards contained in this Part must be followed and the features
shown on the applicant's site plan; land development plan, and/or
subdivision plan.
4.
Floodplains. All such lands shall remain as permanent open space, unless otherwise allowed in § 27-1418.
5.
Steep Slopes. In areas of steep slopes, i.e., those above 8%, the
following standards shall apply.
[Amended by Ord. 2005-07, 3/22/2005]
A.
If public water and sewer facilities are not available, the following
requirements shall apply to all lots:
(1)
Fifteen Percent to 25%. If any part of the lot located outside of
the minimum required yard area (i.e., within the building setback
lines) contains slopes of 15% to 25%, the required minimum lot size
and required minimum lot width shall double, and the required maximum
density and coverage shall be halved.
(2)
Twenty-Five Percent or More. If any part of the lot located outside
of the minimum required yard area (i.e., within the building setback
lines) contains slopes greater than 25%, the required minimum lot
size and required maximum lot width shall triple, and the required
maximum density and coverage shall be 1/3 of the specified maximum.
(3)
Any earthwork performed on a slope of 8% or greater must have a grading
plan, following the requirements of Ordinance 90-3, as amended.
(4)
Performing grading to avoid requirements of this chapter is hereby
prohibited.
(5)
In the case of property containing both steep slopes and forests,
the more-restrictive minimum lot size and required maximum lot width
shall be applied.
B.
If public water and sewer facilities are available, the following
requirements shall apply to all lots:
(1)
Single-Family Detached and Single-Family Semidetached.
(a)
Any earthwork performed on a slope of 8% or greater must have a grading
plan, following the requirements of Ordinance 90-3, as amended.
(b)
If any part of the lot located outside of the minimum required yard
area (i.e., within the building setback lines) contains slopes of
33%, the required minimum lot size and required minimum lot width
shall be 1.5 times the required size and width.
(2)
Multiple-Family and Townhouses.
(a)
If any part of the lot located outside of the minimum required yard
area (i.e., within the building setback lines) contains slopes of
20%, the maximum density for multifamily and townhouse units shall
be three units per acre, and the maximum number of units in a townhouse
grouping shall be four units.
(b)
No multifamily or townhouse structure shall be constructed on a lot
where the slope anywhere within the building setback lines exceeds
25%.
6.
Forest. Properties which contain forests, as defined by this chapter,
subsequent to the effective date of this chapter, shall be subject
to the following regulations:
A.
The minimum lot size, maximum density of development permitted, and
maximum lot coverage for any property containing forests is established
in accordance with the following requirements.
|
Residential Lot Size, Lot Width Development Density, and
Cover Factors
| |||
|---|---|---|---|
|
Percent of Property Covered by Forest
|
Lot Size and Width Factor*
|
Development Density and Cover Factor**
| |
|
0% to 25%
|
1.0
|
1.0
| |
|
25.1% to 50%
|
1.5
|
0.67
| |
|
50.1% to 100%
|
2.0
|
0.50
| |
|
Nonresidential, Development Density and Cover Factor
| ||
|---|---|---|
|
Percent of Property Covered by Forest
|
Development Density and Cover Factor**
| |
|
0% to 25%
|
1.0
| |
|
25.1% to 50%
|
0.85
| |
|
50.1% to 100%
|
0.75
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
This factor shall be multiplied by the zoning district lot size
and width requirement to obtain the adjusted minimum lot size and
width.
| |
|
**
|
This factor shall be multiplied by the zoning district density
and lot coverage requirement to obtain the adjusted maximum allowed
development density and lot coverage.
| |
B.
Removing forests or existing trees to avoid requirements of this
chapter is hereby prohibited.
C.
A minimum of 80% of forest area shall be preserved as undisturbed
forests, except for removal of dead or diseased trees, and/or except
for normal removal of trees for prudent forest management to allow
for proper tree growth. This calculation of 80% in both cases shall
be made after the lot size criteria of this chapter have been met
as listed above. If the preservation of forests (as required by this
section) results in less development density and on-lot coverage than
otherwise allowed, the more restrictive requirement shall be utilized.
D.
The "forest" definition and delineation shall be determined on the
basis of lot lines that exist as of the effective date of this chapter.
The delineation of forests shall be made during the preparation of
any subdivision or land development plan for approval by the Township,
on the basis of the property prior to the creation of building lots
in any proposed subdivision. Once the delineation of forests is made,
the lot layout for that subdivision and/or development density and
coverage for that subdivision and/or land development plan would be
based upon the criteria of this section.
E.
In any case, if a lot owner wished to develop a single lot with a
single-family detached dwelling, the owner shall be permitted to remove
the minimum amount of forest required for construction of his dwelling
and grading of his building and normal accessory items (for example:
driveway, septic system, pool, shed, etc.).
F.
In the case of property containing both steep slopes and forests,
the more restrictive minimum lot size and required maximum lot width
shall be applied.
7.
Lakes, Ponds, Wetlands, or Watercourses. These areas shall be left
as permanent open space. Quarries are not included in this section.
A.
Lake Shorelines. The shorelines of lakes, to a distance of 300 feet
from the shorelines, shall contain no more than 10% impervious surfaces.
At least 70% shall be permanent open space.
B.
Pond Shorelines. The shorelines of ponds shall, to a distance of
100 feet from the shorelines, contain no more than 10% impervious
surfaces. At least 80% shall be permanent open space.
8.
Stormwater. Stormwater management for all subdivisions and land developments
consistent with the Township Stormwater Management Ordinance must
be provided.
9.
Soil Erosion and Sedimentation. All developments shall protect streams,
lakes, and ponds from sedimentation damage control erosion in accordance
with the Clean Streams Law, PL 1987, Chapter 102, Latest Edition,
as amended.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1406; as
amended by Ord. 2005-08, 3/22/2005, § 1; and by Ord. 2015-03,
6/11/2015
Buffer yards are required for mobile home parks, golf courses
and for any use in the HC, I, and I/C Districts where it adjoins any
property in a residential zoning district or any existing residential
properties, or any publicly owned recreational facility (excluding
linear parks).
A.
In multifamily subdivisions and mobile home parks, the buffer yard
shall be part of the open space and not part of the lot area assigned
to a dwelling unit, unless open space is not required for the development.
B.
The buffer yard shall be measured from the district boundary line,
property line or from the near street where a street serves as the
district boundary line or property line.
C.
The buffer yards may be coterminous with required front, side and
rear yards, and, in case of conflict, the larger yard requirements
shall apply.
D.
In all buffer yards, the exterior twenty-five-foot width (30 feet
in multifamily subdivisions and 12 feet for a hospital) shall be maintained
and kept clean of all debris, rubbish, weeds and tall grass in conformance
with existing regulations. The treatment of invasive or exotic species
shall be performed in accordance with the best management practices
endorsed by the Pennsylvania Invasive Species Council and in accordance
with State and Federal regulations for any application of herbicides.
In addition, sufficient documentation shall be provided to the Township
by the property owner to demonstrate that any proposed buffer planting
material is not subject to any active act and/or quarantine pursuant
to Federal or Commonwealth regulations governing invasive and/or exotic
species.
E.
No structure, manufacturing or processing activity, or storage of
materials shall be permitted in the buffer yard; however, parking
of passenger automobiles shall be permitted in the portion of the
buffer yard exclusive of the exterior ten-foot width.
F.
All buffer yards, except residential subdivisions or mobile park
homes, shall include a dense screen planting of trees, shrubs or other
plant materials, or both, to the full length of the lot line to serve
as a barrier to visibility, airborne particles, glare and noise. Such
screen planting shall be located within the buffer yard, and shall
be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be at least
four feet high when planted and shall be of such species as will produce
a dense visual screen at least eight feet high within four years.
In addition, sufficient documentation shall be provided to the Township
by the property owner to demonstrate that any proposed buffer planting
material is not subject to any active act and/or quarantine pursuant
to Federal or Commonwealth regulations governing invasive and/or exotic
species.
(2)
The screen planting shall be maintained permanently and any
plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will
be not closer than three feet from any street or property line.
(4)
In accordance with the provisions of this chapter, a clear sight
triangle shall be maintained at all street intersections and all points
where private accessways intersect public streets.
(5)
The screen planting shall be broken only at points of vehicular
or pedestrian access and required drainage.
G.
In multifamily subdivisions and mobile home parks, the following
shall apply:
(1)
The buffer yard may be averaged. The width in Subsection J below
is average with the minimum being 60% of the average.
(2)
All existing deciduous and coniferous trees above two inches
caliper and/or six feet in height shall be preserved in the buffer
yard except where clearance is required to ensure sight distances.
Any removal should, where feasible, involve relocation rather than
clearing.
(3)
Buffer width and planting material shall be laid out to respect
existing or proposed off-site uses. The minimum width may be used
where compatible single-family uses adjoin, or where the property
abuts nonbuildable land. The object of planting shall be defined in
the plan as visual barrier, noise barrier or to prevent access to
hazardous areas.
(4)
Generally, a minimum of 25% of plant material shall be evergreen
and 10% flowering. Planting shall be adequate in quantity to fully
cover the minimum thirty-foot buffer, but may be clumped or grouped
for maximum efficiency.
(a)
Where noise and glare are problems, 50% of the plantings shall
be evergreens.
(b)
Where hazardous conditions exist, hedgerows with thick, thorny
plants are desirable (excluding noxious weeds). Plantings should be
such as to make access difficult.
(c)
Where visual screening is most important, evergreens and flowering
trees should increase to 50% of the total.
(5)
Self-maintaining ground cover or grass shall be planted to the
edge of the buffer.
(6)
The buffer must produce a dense visual barrier to a height of
eight feet within four years.
(7)
The screen planting shall be broken only at points of vehicular
or pedestrian access and required drainage.
H.
No screen planting shall be required along streets that form district
boundary lines, provided that:
(1)
No outdoor processing or manufacturing activity and no outdoor
storage of materials shall be so located as to be visible from the
adjacent residential properties or residential districts (R, R1, R2
and R3).
(2)
Only the front of any proposed building shall be visible from
the adjacent residential properties or residential districts (R, R1,
R2 and R3).
I.
Prior to the issuance of any zoning permit, complete plans showing
the arrangement of all buffer yards; the placement, species and size
of all plant materials; and the placement, size material and type
of all fences to be placed in such buffer yard shall be reviewed by
the Zoning Officer to ascertain that the plans are in conformance
with the terms of this chapter.
J.
Size of Buffer Yards. The following are the required buffer yard
widths for each use requiring a buffer yard. Unless noted otherwise,
the buffer yard is applicable to any property line adjacent to a residential
property or residentially zoned (R, R1, R2 and R3) property, or publicly
owned recreational facility (excluding linear parks).
(1)
Multifamily garden apartments: 30 feet with no more than 30%
of the required open space area (if any) in the buffer yard.
(2)
Mobile home park: 50 feet on all property lines.
(3)
Golf courses: 50 feet.
(4)
Hospital: 12 feet.
(5)
Office uses: 25 feet.
(6)
Commercial uses: 25 feet.
(7)
Industrial uses: 25 feet.
K.
The buffer yards shall be shown on any required site plan, land development
plan and/or subdivision plan and shall be sealed by a registered landscape
architect.
L.
The buffer yard landscaping and/or barriers must be permanently maintained
by the property owner and any dead landscaping replaced. A protective
easement shall be provided.
M.
At the discretion of the Board of Supervisors, the Board of Supervisors
may accept the existence of existing, mature tree lines as meeting
the requirements of this section. A protective easement shall be required
to ensure their preservation and maintenance.
N.
A raised berm shall be provided in the buffer yard which shall be
undulating and shall have an average height of six feet, or as otherwise
approved by the Board of Supervisors during site or land development
plan review.
[Added by Ord. 2017-02, 3/28/2017]
O.
The raised berm shall be planted with a dense screen planting consisting
of a minimum of six different trees, 50% of which shall be evergreen,
and dense shrub understory plantings (noninvasives, native preferably).
The minimum height of the screen planting evergreen trees shall be
eight feet at the time of planting as measured from finished grade.
[Added by Ord. 2017-02, 3/28/2017]
P.
All street tree plantings within the Industrial and Industrial Commercial
Zoning Districts shall be a minimum caliper of four to 4.5 inches
as measured three feet above finished grade.
[Added by Ord. 2017-02, 3/28/2017]
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1407]
1.
No land or building in any zoning district shall be used or occupied
in any manner so as to create any dangerous, injurious, noxious, or
otherwise objectionable fire, explosive, or other hazard; noise or
vibration, smoke, dust, odor, or other form of air pollution; heat,
cold, dampness, electromagnetism; or other condition, substance, or
element; in such manner or in such amount as to adversely affect the
reasonable use of the surrounding area or adjoining premises.
2.
Procedures.
A.
An application for a building permit or a certificate of occupancy
for a use shall include a plan or proposed construction and a description
of the proposed machinery, operations and products, and specification
for the mechanisms and techniques to be used in restricting the emission
of any dangerous and objectionable elements listed in this section.
B.
The applicant shall also file with such plans and specifications
a statement acknowledging his understanding of the applicable performance
standards and stating his agreement to conform to the same at all
times.
C.
Fire and Explosion Hazards. All activities involving, and all storage
of flammable and explosive materials shall be provided at any point
with adequate safety devices against the hazard of fire and explosion
and adequate fire fighting and fire suppression equipment and devices
standard in the industry. Burning of waste materials in open fires
is prohibited at any point. The relevant provisions of State and local
laws and regulations shall also apply.
D.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond any lot line; nor shall any vibration produced exceed 0.002g
peak at up to 50 cps frequency, measured at or beyond the lot line
using either seismic or electronic vibration measuring equipment.
E.
Noise. Excessive levels of sound and vibration are detrimental and
harmful to the health, comfort, living conditions, welfare and safety
of citizens and injurious to their property.
[Amended by Ord. 2015-03, 6/11/2015]
(1)
NOISE
DECIBELS (db)
SOUND LEVEL
A-WEIGHTED SOUND LEVEL [dB(A)]
PURE TONE
Definitions. The following words, terms and phrases, when used
in this Section, shall have the meaning ascribed to them below, except
where the context clearly indicates a different meaning. All terminology
and sound measurements referred to in this Section shall be in conformance
with the applicable publications of the American National Standards
Institute, or its successor body.
Any undesired sound.
A unit of measurement of the sound pressure level equal to
20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals
(that is, 20 micronewtons per square meter). Sound pressure is the
instantaneous difference between the actual pressure and the average
or barometric pressure at a given point as produced by sound energy.
The quantity in decibels obtained by the use of a sound level
meter, which is an instrument that includes a microphone, amplifier,
output meter, and frequency weighing networks used for the measurement
of noise and sound levels in a specified manner.
The frequency weighing network that shall be used for the
measurement of noises applicable to this Section is that designated
as "A" by the American National Standards Institute. The A-weighted
sound level denoted by dB(A) is the sound pressure level in decibels
as measured by a sound level meter using the A-weighing network.
Any sound that can be heard essentially as a single pitch
or a set of single pitches. For the purposes of this Section, a pure
tone shall exist if the one-third octave bank sound pressure level
for the band with the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous octave bands by 5 db for center
frequencies of 500 Hz (that is, 500 cycles per second) and above,
and 8 db for center frequencies between 160 and 400 Hz, and by 15
db for center frequencies less than or equal to 125 Hz.
(2)
Noise Prohibitions.
(a)
A person shall not cause or permit noise levels to emanate that exceed those specified in the following table, including Subsection 2E(2)(b) and (c), except as exempted by Subsection 2E(2)(d).
|
Maximum Allowed Noise Level for All Land Uses in a Receiving
Zoning District at a Receiving Property Boundary, Expressed as A-weighted
Decibels ["dB(A)"]
| |||
|---|---|---|---|
|
Zoning District
|
Daytime*
|
Nighttime**
| |
|
I, I/A, I/C(1)
|
75 dB(A)
|
75 dB(A)
| |
|
HC(2)
|
67 dB(A)
|
62 dB(A)
| |
|
A, R, R1, R2, R3, NC, MHP (3)
|
60 dB(A)
|
55 dB(A)
| |
|
NOTES:
| ||
|
*
|
A-weighted sound level maximum allowed for the period 7:00 a.m.
to 10:00 p.m.
| |
|
**
|
A-weighted sound level maximum allowed for the period 10:00
p.m. to 7:00 a.m.
| |
|
(1)
|
I/C — Industrial/Commercial; I/A - Industrial/Airport;
I - Industrial.
| |
|
(2)
|
HC — Highway/Commercial.
| |
|
(3)
|
A-Agricultural; MHP — Mobile Home Park; R1 — Low-Density
Residential; R2-Medium-Density Residential; R3-High-Density Residential;
NC — Neighborhood Commercial.
| |
(b)
A person shall not cause or permit the emission of a pure tone
that exceeds an A-weighted sound level 5 dB(A) lower than the applicable
maximum given in the above table.
(c)
A person shall not cause or permit an A-weighted sound level
to emanate from construction or demolition activities that exceeds
during daytime hours 90 dB(A) or during nighttime hours the maximum
stated in the above table for the applicable land use.
(d)
Exemptions. The provisions of the Section do not apply to:
[1]
Devices used only for the purpose of warning, protecting,
or alerting the public, or some segment thereof, of the existence
of an emergency or emergency work.
[2]
Motor vehicles on public rights-of-way, aircraft,
trains, and emergency, utility or public operations, including snow
removal. See the separate Township Noise Ordinance, which regulates
vehicle noise.
[3]
Sounds created by Township-recognized sporting,
amusement, entertainment, and other public gatherings conducted pursuant
to other Township permits or ordinances. This exception includes,
but is not limited to, public athletic contests, festivals, carnivals,
fairs, parades, celebrations, and concerts.
[4]
Unamplified human voices.
F.
Odor. No emission of noxious odor other than agricultural in nature
as perceived by the human olfactory sense at any lot line shall be
permitted.
G.
Air Pollution. No fly ash, fume, vapor, gas, or other form of air
pollution shall be permitted that exceeds any air pollution standard
or air quality criteria established by the Bureau of Air Environmental
Protection. Specific standards and regulations are contained in the
Bureau's Regulations, as amended.
H.
Glare.
(1)
Direct glare is defined for the purpose of this chapter as illumination
beyond property lines caused by direct or specularly reflected rays
from incandescent, fluorescent, or arc lighting, or from such high
temperature process as welding or petroleum or metallurgical refining.
(2)
Indirect glare is defined for the purpose of this chapter as
illumination beyond property lines caused by diffuse reflection from
a surface such as a wall or roof of a structure.
(3)
No direct glare shall be permitted with the exceptions that
parking areas and walkways may be illuminated by luminaries so hooded
or shielded that the maximum angle of the cone of direct illumination
shall be 60° drawn perpendicular to the ground, such luminaries
shall be placed not more than 16 feet above the ground level and the
maximum illumination at ground level shall not be in excess of three
footcandles.
(4)
A luminary less than four feet above the ground may have a cone
angle of 90°.
(5)
Indirect glare produced by illuminating a reflecting surface
shall not exceed 0.3 footcandle instantaneous maximum measurement
or 0.1 footcandle average measurement.
(6)
Deliberately induced sky-reflected glare, as by casting a beam
upward for advertising purposes, is specifically prohibited.
I.
Liquid or Solid Wastes. No discharge shall be permitted at any point
into any sewage disposal system, or watercourse, or lake, or into
the ground, except in accord with State Health or Environmental Protection
Department Standards, Township standards, or other regulating agency
standards.
(1)
Materials of such nature or temperature that will contaminate
any water supply or otherwise cause the creation of dangerous elements
shall be prohibited.
(2)
The accumulation of solid or liquid wastes conducive to the
breeding of rodents or insects thus formulating a health or safety
hazard shall be prohibited.
J.
Radioactive or Hazardous Waste. No radioactive or hazardous waste,
as defined by the United States Environmental Protection Agency, shall
be stored or disposed of in any district.
K.
Storage of Gas, Liquids, and Solids.
(1)
No underground or subsurface storage of chemicals, either gas,
liquid or solids shall be permitted in any district, except for underground
storage of petroleum products as regulated by the State Police and/or
other state or federal regulatory agency.
(2)
No above ground or surface storage of chemicals, either gas,
liquid or solids in any quantity in excess of 20 cubic feet in volume,
shall be stored or maintained within 300 feet of a residential district
boundary, or within 300 feet of a residential dwelling, except for
chemicals, such as heating oil, or propane, which may be required
for the normal heating and cooling of a building and fire suppressant
chemicals developing chemicals and janitorial chemicals and lawn and
agricultural fertilizers in a quantity not to exceed 40 cubic feet.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1408]
1.
Nothing herein shall restrict the height of a church spire, cupola,
dome mast, belfry, clock tower, radio tower, or transmission line,
flagpole, water tank, elevator, or stair bullhead, stage tower, scenery
loft, smoke stack, silo or similar structure, so long as sufficient
yard exists, adjacent to such structure, to allow such structure to
fall completely within the lot lines if such structure were to fail.
All federal airport regulations must be followed.
2.
Structures for which height restrictions have been waived shall not
have a lot coverage at the base in excess of 10% of the lot area.
3.
Structures for which height restrictions have been waived shall not
be used for residency or tenancy purposes.
4.
Structure for which height restrictions have been waived shall not
have any advertising sign or device inscribed upon or attached to
such structures.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1409]
The Township reserves the right to require a traffic impact
study in accordance with provisions hereinafter set forth, if in the
opinion of the Township, the proposed use could generate significant
traffic flow. The traffic impact study shall be based on the following
criteria:
A.
General Site Description. The site description shall include the
size, location, proposed land uses, construction, staging and completion
date and types of dwelling units, if applicable. A brief description
of other major existing and proposed land developments within 1/2
mile of the proposal which shall constitute the study area, except
that a study area of one mile from the proposal shall be used for
any commercial development of greater than 200,000 square feet of
total floor area.
B.
Traffic Facilities Description. The description shall contain a full
documentation of the proposed internal and existing highway system.
The report shall describe the external roadway system within the area.
Major intersection in the area shall be identified and sketched. All
future highway improvements which are part of proposed surrounding
developments shall be noted and included in the calculations.
C.
Existing Traffic Conditions. Existing traffic conditions shall be
measured and documented for all streets and intersections in the area.
Existing traffic volumes for average daily traffic, peak highway hour(s)
traffic, and for the hour(s) of predicted peak development generated
hour(s) traffic shall be recorded. Traffic counts at major intersections
in the study area shall be conducted, encompassing the peak highway
and predicted peak development generated hour(s), and documentation
shall be included in the report. A volume/capacity analysis based
upon existing volumes shall be performed during the peak highway hour(s)
and the predicted peak development generated hour(s) for all streets
and major intersections in the study area. Levels of service shall
be determined for each major road segment and turning movement. Detailed
traffic counts of existing local streets not provided or proposed
for through access are not required. A tabulation of accident locations
during a recent three-year period shall be shown. This analysis will
determine the adequacy of the existing roadway system to serve the
current traffic demand. Roadways and/or turning movements experiencing
Levels of Service D, E, or F, as described in Highway Capacity Manual,
Special Report No. 209, dated 1985, shall be noted as congestion locations.
D.
Traffic Impact of the Development. Estimation of vehicular trips
to result from the proposal shall be computed from the average daily
peak highway hour(s). Vehicular trip generation rates to be used for
this calculation shall be obtained from the Trip Generation Manual,
published by the Institute of Transportation Engineers, or, at the
request of the Township, said calculations shall be substantiated
by physical counts at similar type developments. These estimated development
generated traffic volumes shall be provided for both inbound and outbound
traffic movements, and the reference source(s) and methodology followed
shall be documented. All tuning movements shall be calculated. These
estimated volumes shall be distributed to the area and assigned to
the existing streets and intersections throughout the area. Documentation
of all assumptions used in the distribution and assignment phase shall
be provided. Traffic volumes shall be assigned to individual access
points. Any characteristics of the site that will cause particular
trip generation problems shall be noted. For retail sales uses, the
increased traffic during the holiday seasons and during weekends shall
be forecast and analyzed.
E.
Analysis of Traffic Impact. The total future traffic demand shall
be calculated. This demand shall consist of the combination of the
existing traffic expanded to the completion year (straight line projections
based on historical data), the development generated traffic and the
traffic generated by other proposed developments in the study area.
A second volume/capacity analysis shall be conducted using the total
future demand and the future roadway capacity. If staging of the proposed
development is anticipated, calculations for each stage of completion
shall be made. This analysis shall be performed during the peak highway
hour(s) for all roadways and major intersections in the study area.
Volume/capacity calculations shall be completed for all major intersections.
All access points shall be examined as to the necessity of installing
traffic signals. This evaluation shall compare the projected traffic
to state warrant regulations for traffic signal installation.
[Amended by Ord. 2017-02, 3/28/2017]
(1)
All traffic studies shall include the hours of 3:00 p.m. to
6:00 p.m. in the peak p.m. hours studied for Route 329 where the proposed
use will impact Route 329. In addition, the traffic study shall be
performed during the time of year when public school is in session,
due to the difference in traffic volumes present during the school
year.
(2)
Any traffic study involving truck movements shall include a
twenty-four-hour weekday projection of incremental traffic (car and
truck) generated due to the potential of variable peaks resulting
from truck movements.
(3)
All traffic studies involving Route 329 shall analyze the proposed
use's generated traffic loads and the impact on any proposed and existing
traffic signals on Route 329 and provide for the appropriate upgrades
and/or retiming of such signals to ensure the existing LOS is not
degraded.
F.
Conclusions and Recommendations. Levels of service for all streets
and intersections shall be listed. All streets and/or intersections
showing a level of service below C shall be considered deficient,
and specific recommendations for the elimination of these problems
shall be listed. This listing of recommended improvements shall include,
but not be limited to, the following elements: internal circulation
design, site access location and design, external roadway and intersection
design and improvements, and traffic signal installation and operation
including signal timing. All physical street improvements shall be
shown in sketches.
G.
Cost of Needed Projects. Approximate costs for all needed transportation
improvements shall be developed within a defined impact area.
H.
Administration.
(1)
The full cost of the traffic study and Township reviews of the
study shall be borne by the applicant.
(2)
The traffic study shall be reviewed by the Township Engineer
or other professional reviewer designated by the Township.
(3)
The project manager for any traffic impact report shall be a
professional traffic engineer or transportation planner with significant
experience in traffic studies.
(4)
In place of individual traffic studies, the Board of Supervisors
may by resolution establish a fee schedule for traffic studies. The
applicant shall then pay such fees which shall be used for a coordinated
study of more than one proposed development in an area of the Township.
(5)
The Board of Supervisors shall approve the traffic study as
complete prior to granting final approval to a land development, subdivision,
or conditional use application, unless a specific process for determining
any needed traffic improvements is made a condition of such approval.
I.
Applicant's Responsibility. The applicant shall respond to the traffic
impact report by stating to what degree he/she is willing to assist
in funding or completing any off-site improvements that are needed
and to state what on-site improvements he/she proposes. These improvements
may include structural or nonstructural improvements. Nonstructural
improvements include long-term commitments by employers or developers
to support van pools, bus pools, staggered work hours or public bus
service.
J.
Future Stages of Development. The traffic study shall include not
only an analysis of one individual project proposed at one point in
time, but also the overall projected impacts of future development
of all nearby lands owned by the applicant or that the applicant has
an option to purchase. The study shall include a projection of the
traffic expected from this future development, using reasonable alternatives
if no definite plans are available.
K.
Other Proposed Developments. The study should also take into account
traffic that can be expected as a result of other development which
has been approved and development for which plans have been submitted
to the Township and are being actively pursued.
L.
Timing of Required Traffic Improvements. No occupancy permit shall
be granted for a use or uses until such traffic improvements that
have been required by PennDOT or the Township to serve the use are
in place and operating, unless the Board of Supervisors require or
allow funds for a required traffic improvement to be placed in a dedicated
escrow account to be used when such improvements are warranted.
M.
Post-development Monitoring. Within 18 months or other interval determined
by the Board of Supervisors, but no later than 36 months following
the issuance of an occupancy permit of the last use each phase, the
applicant, if requested to do so by the Board of Supervisors, shall
conduct traffic counts to ensure the assumptions and projection of
the final traffic impact study are valid. Traffic counts shall be
performed at intervals and peak times approved by Township Engineer.
If the traffic counts are found to be different from any assumptions
or projections contained in the final traffic impact study, the applicant
shall propose and construct, with the approval of the Board of Supervisors,
remedial improvements to address the difference and provide financial
security to guarantee construction of remedial improvements.
[Added by Ord. 2015-03, 6/11/2015]
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1410; as
amended by Ord. 2015-03, 6/11/2015
The following general site landscaping requirements shall apply
to all properties required to submit land development plans following
the requirements of this Chapter in accordance with the standards
published in the American Standard for Nursery Stock (ANSI Z60.1),
last revised edition.
A.
All properties must provide for a total area of landscaping equal
to 10% of any proposed area of impervious cover.
(1)
This landscaping shall be distributed throughout the property
to enhance the buildings and parking areas and the property's appearance
from surrounding properties and roads.
(2)
The property owner is required to maintain this landscaping
in a neat and healthy manner, and is required to replace dead and
diseased plants.
B.
Landscaping used to satisfy this requirement shall be credited as
follows:
(1)
Every large deciduous tree provided, for example red oak (quercus
borealis), green ash (fraxinu lanceolata), and sweetgum (liquidamber
styraciflus), shall count as 200 square feet of landscaping credit.
(2)
Every medium deciduous tree provided, for example red maple
(acer rubrum), callery pear (pyrus calleryana), and golden raintree
(koelreuteria paniculatra), shall count as 150 square feet of landscaping
credit.
(3)
Every small deciduous tree or evergreen provided, for example
flowering dogwood (cornus florida), kwanzan cherry (prunus serrulate
kwanzan), and white pine (pinus strumbus), shall count as 100 square
feet of landscaping credit.
(4)
Any area occupied by shrubs, flower beds and/or foundation plantings
shall count as landscaping credit toward this landscaping requirement
on a square foot per square foot basis.
C.
These general site landscaping requirements are in addition to any
planting strips, planting screens, buffer strips or street trees,
as required elsewhere in this chapter or in other ordinances of the
Township.
D.
Any existing trees or plant material to be protected and preserved, and not counted toward other landscaping requirements in this or other Township ordinances, may count toward the required landscaping area, using the provisions stated in Subsection B.
E.
In meeting these general site landscaping requirements, at least
10% of the credits (as outlined above) must be provided by way of
large deciduous trees with a further minimum of at least one such
tree for each lot regulated by this section of this Part.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1411]
1.
Any structure or use on a lot, other than a primary structure or
use must be clearly accessory to the primary use (which must be allowed
on that property). For example, barns are to be used as a primary
or accessory structure for the storage of farm materials and/or livestock
associated with the primary use of the farm i.e., farming. Storage
of materials in the barn not associated with farming would, therefore,
be prohibited.
2.
Except as noted below, accessory buildings must meet all yard and
setback requirements of this chapter.
3.
Completely detached accessory buildings for all nonresidential uses
being 10 feet or less in height may occupy a required side or rear
yard, but shall not be located closer than 10 feet to any side or
rear property line (see exception below) nor closer than 15 feet to
the rear of the primary building on the lot and 25 feet from the nearest
point of the primary building of any adjacent lot (see exception below).
A.
Completely detached accessory buildings, up to 10 feet in height,
for residential uses shall be set back from a side or rear property
line a minimum distance equal to 10% of the required minimum lot width
(at the setback line) for that use in that district or a distance
of 10 feet, whichever is less.
B.
Since attached structures (such as duplexes and townhouses) have
no side yard requirements on their common lot lines, no lot line setbacks
or adjacent building setbacks above are applicable for these small
accessory buildings.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1412]
1.
Outdoor Storage. Specific provisions of outdoor storage are governed
in this Part. No outdoor storage is permitted on a site unless it
is related to the primary use of the site. The storage of DEP-classified
hazardous materials must be in quantities and stored in a manner consistent
with DEP regulations. No materials or wastes shall be deposited upon
a lot in some form or manner that they may be transported off the
lot by any natural causes or forces.
2.
Indoor Storage. Specific provisions of indoor storage are governed
in this Part. No indoor storage is permitted on a site unless it is
related to the primary use of the site. The storage of DEP-classified
hazardous materials must be in quantities and stored in a manner consistent
with DEP regulations.
3.
Storage of Recreational Vehicles and Travel Trailers. No more than
two of either a recreational vehicle or travel trailer or combination
thereof may be stored on a lot occupied by the owner of the recreational
vehicle and/or travel trailer, provided such recreational vehicle
and/or travel trailer shall be placed in such a position so as to
meet all dimensional requirements for the district within which it
is located. This provision is for the storage or occupation of recreational
vehicles only and not the storage or occupation of a mobile home.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1413; as
amended by Ord. 2002-02, 2/14/2002, § 1]
Every building hereafter erected or moved shall be on a lot
adjacent to a public street, or with access to an approved private
street, and all structures shall be so located on lots as to provide
safe and convenient access for servicing, fire protection, and required
off-street parking.
A.
Driveways (Single-Family Dwellings). Access to single-family dwellings
shall be provided by driveways and subject to the following criteria:
(1)
Number Per Lot. No more than two driveway connections per lot
shall be permitted.
(2)
Clear Sight Triangle. Driveways shall be located and constructed
so that a clear sight triangle or 75 feet as measured along the street
center line for local roads, and 100 feet as measured along the street
center line for collector or arterial roads, and 10 feet from the
travel lane along the driveway center line is maintained; no permanent
obstructions over 30 inches high shall be placed within this area.
[Amended by Ord. 2015-03, 6/11/2015]
(3)
Access Permits. Driveways shall not be permitted to have direct
access to state roads or highways, unless authorized by the Pennsylvania
Department of Transportation through issuance of a highway occupancy
permit, or to Township roads unless a road occupancy permit has been
obtained from the Township.
(4)
Intersection. Driveways shall intersect streets at right angles,
wherever possible.
(6)
Location. The center line of a driveway at the point of access
to a street shall not be located closer to a street intersection than
the following distances:
(a)
One hundred fifty feet if either street is an arterial street.
(b)
One hundred feet if one street is a collector and the other
street is either a collector or local street.
(c)
Seventy-five feet if both streets are local streets. This requirement
does not apply to the lots across from the stopping road at a T- intersection,
provided the applicant receives approval from the Planning Commission
and written approval from the Board of Supervisors.
(d)
Driveways shall not be located within five feet of any fire
hydrant or adjoining lot line, unless shared with an adjacent lot.
(7)
Road Classification. Driveway access shall be provided to the
street of lesser classification when there is more than one street
classification involved.
(8)
Driveway Width. No driveway shall provide a curb cut exceeding
20 feet in width.
(9)
Drainage. Driveways shall be constructed in a manner to be consistent with the design, maintenance, and drainage of the street. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen.
[Amended by Ord. 2015-03, 6/11/2015]
B.
Access Drive (Non-Single-Family Development). Vehicular access to
uses other than single-family dwellings shall be provided by access
drives and subject to the following standards:
(1)
Number Per Lot. Except as specified elsewhere, the number of
access drives intersecting with a street may not exceed two per lot
frontage. The Township Supervisors, during the land development review
process, may grant permission for additional access points where necessary
to meet specific property circumstances or where frontage of unusual
length exists.
[Amended by Ord. 2015-03, 6/11/2015]
(2)
Clear Sight Triangle. Access drives shall be located and constructed
so that clear sight triangle of 75 feet as measured along the street
center line, for local roads, and 100 feet as measured along the street
center line for collector or arterial roads, and five feet along the
center line of the access drive is maintained; no permanent obstruction
over 30 inches high shall be placed within this area.
(3)
Access Permits. Access drives shall not be permitted to have
direct access to state roads or highways, unless authorized by the
Pennsylvania Department of Transportation through issuance of a highway
occupancy permit, or to Township roads unless a road occupancy permit
has been obtained from the Township.
(4)
Intersection. Access drives shall intersect streets at right
angles, wherever possible.
(6)
Location. The center line of an access drive at the point of
access to a street shall not be located closer to a street intersection
than the following distances:
(a)
Three hundred feet if either street is an arterial street.
(b)
Two hundred feet if one street is a collector and the other
street is either a collector or local street.
(c)
One hundred fifty feet if both streets are local streets.
(d)
Access drives shall not be located within 15 feet of any fire
hydrant or adjoining property line; however, this setback can be waived,
by the Board of Supervisors, along one property line when a joint
parking lot is shared by adjoining uses.
(7)
Surfacing. With the exception of farm lanes, all access drives
shall be paved with concrete or bituminous paving material, or another
dust-free material suitable to the Board of Supervisors.
(8)
Access Drive Width and Radius. Entrances and exits shall be
limited to three lanes. The width of such entrances and exits, measured
at the property line, shall conform to the following schedule:
[Amended by Ord. 2015-03, 6/11/2015]
|
Width
(feet)
| |||
|---|---|---|---|
|
Minimum
|
Maximum
| ||
|
1 lane
|
12
|
14
| |
|
2 lanes
|
20
|
28
| |
|
3 lanes
|
30
|
40
| |
|
These widths may be revised on a case-by-case basis, in the
sole discretion of the Board of Supervisors, depending on specific
conditions present at the property, or if the driveway is designed
to meet a particular PennDOT design criterion.
| |
|
In all cases, the radius of the edge of the access drive apron
shall be at least 15 feet so that a car entering or leaving may not
obstruct vehicles in other traffic lanes in the driveway or street.
| |
|
All nonresidential driveways shall be curbed at the street line, unless otherwise allowed by the Board of Supervisors. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen.
|
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1414]
1.
Swimming pools shall be located to the side of or in the rear of
the primary structure of the lot. No swimming pools are permitted
closer to a street right-of-way than the front of the primary structure.
2.
Pools shall be set back at least 10 feet from any lot line or electric
line. This setback shall also apply in the case of attached structures
(such as duplexes and townhouses).
3.
In-ground swimming pools must be located entirely within a chain
link or wooden fence (or equivalent) with a minimum height of 48 inches.
A locking gate must be provided for the fence.
4.
Aboveground swimming pools having an exposed sidewall of less than
48 inches must also be enclosed in a fence to a minimum height of
48 inches from the ground. The fence may be attached to the pool sidewalls.
5.
Any aboveground swimming pool must have a retractable locking ladder
and/or locking gate to the steps of a side deck.
6.
Fencing must be installed prior to filling the pool with water.
7.
If BOCA or the property owner's insurances would demand stricter
standards, the property owner must follow the stricter standards.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1415]
Single-family dwellings may have animals as pets, if not classified
as animal husbandry or kennel/stable, if the following criteria are
met. These pets shall not be a commercial business and must be the
responsibility of a family member living on the property. The following
regulations must be followed.
A.
Location of shelters and/or housing of pets shall not be within a
distance of 15 feet from the property line nor within 75 feet of any
dwelling other than the owner's dwelling; and further provided that
no building used in such connection shall be maintained or established
within such distance. All such buildings to be located to the rear
of the main structure or dwelling.
B.
Shelters and/or Housing. All shelters and/or housing of animals shall
be constructed of suitable materials providing protection for the
animal. Sufficient ventilation and sunlight shall be provided in the
structure. The structure shall have a roof and all materials shall
be securely attached to the structural elements of the shelter or
housing. Shelters or housing made of materials unsupported or unattached
will not be permitted.
C.
Animal runs and yards in which animals are kept, exercised, and trained
shall be maintained in good condition. Ground areas shall be maintained
so as to prevent runoff of soil and/or any debris storage to surrounding
properties. The area shall be so graded to prevent accumulation of
stormwater runoff.
D.
For purposes of this chapter, any animals classified as animal husbandry
or kennel/stable, such as goats, and other livestock and poultry shall
not be considered as pets. For purposes of this chapter any property
owner desiring to keep a horse as a pet must have a minimum lot size
of two acres. For each additional horse in excess of one an additional
1.5 acres per horse shall be required. Any property containing four
or more horses shall be considered a stable. The location of any corral
shall be a minimum distance of 100 feet from every property line boundary.
E.
Any animals typically found in zoos or governed by the PA Game Commission
(i.e., lions, tigers, bobcats, etc.) are not permitted.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1416]
A permit may be issued for use of a temporary structure or use
necessary during construction or special circumstances of a nonrecurring
nature, subject to:
A.
The time period of the permit shall be six months. This permit may
be renewed for two additional three-month trial periods by the Zoning
Officer. After that, any permit extensions may only be granted by
the Board of Supervisors after the applicant has proven just cause.
B.
Such structures must be removed completely upon expiration of the
permit without cost to the Township.
C.
Adequate sewer and water provisions must be present.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1417]
1.
The minimum lot size provisions of this chapter shall not prevent
the construction of a single-family dwelling on any lot that was lawfully
created but does not meet the dimensional requirements of this chapter,
provided that:
A.
Such lot is not less than 10,000 square feet.
B.
Lots not served by public water and sewers shall meet all requirements
of the Department of Environmental Protection.
C.
The percentage of lot area covered by a single-family dwelling shall
not exceed 15% of the area of the lot.
D.
The front and rear yards shall aggregate at least 60% of the total
lot depth, but in no case shall either the front yard or the rear
yard be less than 20 feet.
E.
The side yards shall aggregate at least 40% of the total of width,
but in no case shall either side be less than 15 feet.
F.
The lot has access to a public street or approved private street.
2.
This exception shall not apply to any two or more contiguous lots
in a single ownership as of or subsequent to the effective date of
this chapter, in any case where a reparceling or replotting could
create one or more lots which would conform to the chapter.
