[Ord. 3/29/1990A, § 1300]
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. No required lot or area 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.
[Ord. 3/29/1990A, § 1301; as amended by Ord. 12-02, 6/19/2012, § 17; and by Ord. 12-04, 10/8/2012, § 17]
For purposes of subdivision and land development density and design, all subdivisions shall be designed with all required lot lines, setbacks and open space parcels even if the ultimate subdivision is to be recorded with condominium ownership rather than fee simple lots.
[Ord. 3/29/1990A, § 1302; as amended by Ord. 05-06, 8/22/2005, § 33; and by Ord. 06-01, 2/13/2006, § 18]
Any proposed development of a lawfully existing lot not meeting the minimum lot areas as set forth in Parts 4 through 8 of this chapter must comply with the provisions of Part 22, Nonconformities.
[Ord. 3/29/1990A, § 1303; as amended by Ord. 05-06, 8/22/2005, § 34]
[Ord. 3/29/1990A, § 1304; as amended by Ord. 93-2, 2/8/1993, § 1, § 44; by Ord. 06-01, 2/13/2006, § 19; by Ord. 07-03, 3/26/2007, § 10; by Ord. 09-04, 8/10/2009, § 6; and by Ord. 17-03, 3/27/2017]
The provisions of Parts 4 through 7 shall not prevent the construction of a detached dwelling on any lot which meets the conditions specified below.
A rear lot may serve only one detached dwelling. A rear lot for a nonresidential use or another form of residential use is not permitted.
Each lot must have a separate, fee simple, access extending to a street.
The area of the access lane shall not be included in the calculation of the minimum lot area.
The length of the access strip shall be the full length of the side lot line of the lot in front of the rear lot. The side lot line shall be measured from the street right-of-way to the rear lot line, as defined by this chapter.
The front yard setback for a rear lot shall be a distance equal to the front yard requirement for the district in which the lot is located and shall be measured from the rear property line of the land between the subject lot and the street. In the case where this rear property line is not straight or is otherwise positioned so that more than one interpretation of the correct positioning of the building setback line of the rear lot is possible, the Zoning Officer shall establish said line. Should the applicant contest the Zoning Officer's decision, the applicant may appeal to the Zoning Hearing Board, using the procedures established in this chapter.
Only one tier of rear lots behind the lots with full frontage on the street will be permitted on a tract, that is, a rear lot must be located directly behind and abut a lot with full frontage on the street. A rear lot shall not be located fully or partially behind another rear lot.
Except in the R-2 and R-2M districts, not more than 5% of the lots in a subdivision or on a tract may be rear lots.
If the proposed rear lot is large enough to further subdivide under the zoning requirements at the time the subdivision is proposed, the minimum lane width shall be at least 52 feet for its entire length.
Not more than two lanes of rear lots may be adjacent to each other at the street.
[Ord. 3/29/1990A, § 1305; as amended by Ord. 05-06, 8/22/2005, § 35]
[Ord. 3/29/1990A, § 1306; as amended by Ord. 07-03, 3/26/2007, § 11]
No building and no part of a building shall be erected within nor shall project into, any required yard in any district, except that:
An unenclosed roof-covered porch, platform or landing place, the floor shall not be more than four feet above grade, may be erected to extend into a required front yard a distance of not more than 10 feet; provided, that in no case shall it extend into such front yard more than 1/2 the required depth of the yard.
Any structure that creates an impervious area must comply with the building coverage requirements. An unenclosed roof-covered porch, platform or landing place, canopy or trellis, which does not extend above the level of the first floor of the building may be erected to extend into a required rear yard; provided, that it shall not extend into such yard more than 1/2 the required depth or width of the yard.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than two feet into a required yard.
Bay windows and balconies may project not more than three feet into a required yard. Steps and unenclosed fire escapes may project not over seven feet into a required yard. Fire escapes may be permitted in accordance with this section in side or rear yards only.
Such projections into the required minimum yard areas shall not occupy more than one-third the length of the building wall.
No projections shall extend into an ultimate right-of-way.
[Ord. 3/29/1990A, § 1307; as amended by Ord. 01-6, 10/22/2001, § 23; by Ord. 05-06, 8/22/2005, § 36; and by Ord. 09-03, 6/22/2009, § 19]
No accessory building or structure shall be located within the required minimum front yard setback except that school bus shelters may be located in front yards but not closer than 12 feet to any cartway.
No accessory buildings other than school bus shelters and accessory buildings for Uses A8, B1, B2 and B3 shall be located within the required minimum side or rear yards of the principal use.
Completely detached accessory buildings for Uses A8, B1, B2 and B3 and school bus shelters may occupy a required side or rear yard, but shall not be located closer than five feet to any side or rear property line on lots with an area of 25,000 square feet or less, and shall not be located less than 12 feet to any side or rear property line on all other lots. Such accessory buildings must be behind (to the rear) of the principal building located on the same lot.
[Ord. 3/29/1990A, § 1308; as amended by Ord. 05-06, 8/22/2005, § 37; by Ord. 12-02, 6/19/2012, § 18; and by Ord. 12-04, 10/8/2012, § 18]
Unless specifically required by another section of this chapter, fences, hedges and walls (other than walls of a building) no higher than four feet above the natural grade may be located in any required front yard, and no higher than six feet above the natural grade in any other required yard. No fences, hedges or walls shall be located in any ultimate right-of-way.
[Ord. 3/29/1990A, § 1309; as amended by Ord. 95-8, 9/25/1995, § 3N]
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed a height of 35 feet, except church spires, belfries, silos, water towers, smokestacks, solar panels, wind generator towers, antennas, television towers, masts, aerials, cellular communications/telecommunications towers or flagpoles; provided, they are not used for human occupancy and are setback 1.25 times their height (from ground level to the top of the structure) from a building or property line.
[Ord. 3/29/1990A, § 1310]
No fence or wall (except a retaining wall or wall of a building) shall be erected over six feet in height except as required in § 27-2008, Storage and Waste Disposal. The Zoning Hearing Board may authorize the erection of walls or fences of greater height in such cases as may be necessary to provide adequate protection, shielding or screening of open storage or equipment areas.
[Ord. 3/29/1990A, § 1311]
No structure, fence, planting or other obstruction shall be maintained between a vertical plane two feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required yard which is within a horizontal clear-sight triangle boundary by the two street lines and a straight line drawn between points on each such line 25 feet from the intersection of said lines or extensions thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 50 feet from the intersection of said lines or extension thereof.
At each point where a private access way intersects a public street or road, clear-sight triangles of 10 feet measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
[Ord. 3/29/1990A, § 1312]
Ingress and egress for nonresidential uses shall be designed so that vehicles shall not be required to back out onto a street or another lot. Wherever possible, ingress and egress for residential uses shall be designed so that vehicles shall not be required to back out onto a street or another lot.
Parking areas for all uses shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of use is not changed; provided, that any parking facility now serving such structures or uses shall not, in the future, be reduced below such requirements.
Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this chapter, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.
No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this part. Reasonable precautions shall be taken by the owner or sponsor of a use to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.
[Ord. 3/29/1990A, § 1313]
In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
The conditional reduction shall provide for the establishment of not less than 80% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan or the reserved area with the land development plan.
The developer shall enter into a written agreement with the Board of Supervisors that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development.
At the time of the above-stated agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of the Board of Supervisors choosing who shall determine the advisability of providing the full parking requirement. Said study shall be undertaken one year after the issuance of the last occupancy permit pursuant to Subsection 1E, above. With recommendations of the traffic engineer, the Township Engineer and the Planning Commission, the Board of Supervisors shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.
Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion of building area or floor area but shall remain as open space.
[Ord. 3/29/1990A, § 1314; as amended by Ord. 05-06, 8/22/2005, § 38; and by Ord. 09-04, 8/10/2009, § 7]
Parking areas shall conform to the following minimum dimensional standards based upon their intended function:
Except for parking related to single-family dwellings, parking areas with a capacity of three or more vehicles shall meet the design standards stated in Chapter 22, Subdivision and Land Development.
Parking stalls shall be marked with hairpin striping to provide for orderly and safe parking. The hairpin lines shall be of an all-weather paint, four inches in width, with lines a minimum of six inches apart.
[Ord. 3/29/1990A, § 1315; as amended by Ord. 09-04, 8/10/2009, § 8; by Ord. 12-02, 6/19/2012, § 19; and by Ord. 12-04, 10/8/2012, § 19]
[Ord. 3/29/1990A, § 1316; as amended by Ord. 12-02, 6/19/2012, § 20; and by Ord. 12-04, 10/8/2012, § 20]
All lots shall have direct access and frontage upon a public or private street. The lot width and frontage shall not be less than the requirements specified in Parts 3 through 16.
For all nonresidential uses, access to roads shall be at least 200 feet from the intersection of any street lines.
[Ord. 3/29/1990A, § 1317; as amended by Ord. 93-2, 2/8/1993, §§ 45, 46; by Ord. 99-2, 6/28/1999, § 33; by Ord. 06-03, 4/24/2006, § 4; by Ord. 06-02, 1/30/2006, § 29; by Ord. 12-02, 6/19/2012, § 21; by Ord. 12-04, 10/8/2012, § 21; and by Ord. 17-03, 3/27/2017]
The roads and streets of the Township are classified and shall be provided for future streets as follows:
Rural Arterial Highways. The primary function of rural arterial highways is to connect major centers of activity and to move vehicles through the community. The ultimate right-of-way for a rural arterial highway is 120 feet. Rural arterial highways are SR 663, SR 73 and Swamp Pike from the culvert over Minister Creek south to the Limerick Township boundary.
Developed Arterial Highways. The three primary functions of a developed arterial highway are to connect major centers of activity and to move higher volumes of traffic and to provide access to many properties. The ultimate right-of-way of a developed arterial highway is 80 feet. The developed arterial highway is Swamp Pike from the boundary with Douglass Township south to the culvert over Minister Creek.
Major Collector Highways. Major collector highways provide the link between the arterials, minor collectors and local streets. The ultimate right-of-way for a major collector highway is 80 feet. Major collector highways include:
Kulp Road from Hill Road to Deep Creek Road.
Deep Creek Road from Kulp Road to Upper Frederick Township municipal line.
Henning Road from Deep Creek Road to Finn Road.
Township Line Road from Finn Road to Little Road.
New Hanover Square Road.
Romig Road from Swamp Pike to Buchert Road.
Minor Collector Roads. Minor collector roads serve similar functions as major collectors in that they provide connections among arterial highways, major and minor collectors, local roads, residential neighborhoods and nonresidential areas. Traffic volumes are lower than higher order roads. Minor collector roads should be designed to provide traffic flow with minor interruptions. Minor collectors are all other roads shown on the Zoning Map as currently adopted by the Board of Supervisors, Sanatoga Road, and minor collector roads within subdivisions and land developments designed as such. However, Moore Road is a local road. The ultimate right-of-way for a minor collector road is 60 feet.
Local Roads (Streets). Local roads or streets are all other roads and streets not of a higher classification, including Moore Road, except marginal access streets and alleys as defined in Chapter 22, Subdivision and Land Development. The ultimate right-of-way for a local road is 52 feet.
Marginal Access Streets. The easement for a marginal access street is 47 feet. However, no right-of-way is required where a marginal access street is part of a nonresidential development, is kept as a private circulation improvement, and there is no dedication to the Township or other governmental body.
Alleys. The ultimate right-of-way for an alley is 36 feet.
Any development proposal utilizing the TC Town Center or TN Traditional Neighborhood Zoning District in this chapter may, at the discretion of the Board of Supervisors, subject to any necessary approvals, permits, waivers or otherwise from the Pennsylvania Department of Transportation or Montgomery County, Pennsylvania, utilize in part or in full, § 22-809A, Street Standards for the TC Town Center and the TN Traditional Neighborhood District, of Chapter 22, Subdivision and Land Development. Therefore, any such development proposal granted approval from the Board of Supervisors to utilize § 22-809A, in part or in full, shall be exempt from the requirements of this section.