A.
The purpose and objective of the provisions established under Article IX of this chapter are to establish specific supplementary regulations for residential and nonresidential land uses.
B.
The provisions contained in this Article IX are intended to serve as minimum requirements to promote the public health, safety and the general welfare of the residents and property owners of Muhlenberg Township. The regulations shall supplement and not replace the provisions established within this chapter of the Code. Unless otherwise specified within this chapter and/or where the supplementary regulations contained within this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions established under this article shall be upheld.
C.
The supplementary regulations established under Article IX of this chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
A.
Every building
and structure hereafter erected or moved shall be located on a lot
adjacent to a public street or an approved private street where the
buildings and structures shall be so located on the lots in such a
manner as to provide safe and convenient access for emergency vehicles
and off-street parking.
B.
Unless otherwise
specifically stated otherwise within the chapter, no more than one
principal building, structure or use of land shall be permitted or
erected on a single lot.
A.
The following
provisions for accessory uses and structures shall apply to residential
uses within all zoning districts:
(1)
Unless otherwise
specified within this chapter, accessory buildings or structures for
a residential use shall comply with the following setback provisions:
(a)
Accessory
buildings or structures for a residential use with 150 square feet
or less in floor area, which are located within the R-1, C-2, C-3,
I-1, I-2 and SA-1 Zoning Districts, shall be permitted within any
side yard or rear yard, provided that they are located at least 10
feet from the property line.
(b)
Accessory
buildings or structures for a residential use with 150 square feet
or less in floor area, which are located within the R-2, R-3, R-4,
R-5 and C-1 Zoning Districts, shall be permitted within any side yard
or rear yard, provided that they are located at least three feet from
the property line.
(c)
Accessory
buildings or structures for a residential use exceeding 150 square
feet or less in floor area, which are located within the R-1, R-2,
R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts,
shall comply with minimum setback provisions.
(2)
Garages,
porches, decks, terraces, patios, and similar buildings or structures
which are located within the rear yard of single-family semidetached
dwellings, multifamily townhouse units and multifamily apartment units
may be located along the common lot line, provided that they do not
project onto another property and they are located at least five feet
from the rear yard.
(3)
No permanent
residential accessory building or structure shall be constructed on
any lot prior to the commencement of construction of the principal
building to which it is accessory.
(4)
Private noncommercial in-ground or aboveground swimming pools which are designed to contain water with a total surface area greater than 100 square feet and a depth of 24 inches or more shall be located in the rear or side yard only, entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum side or rear yard area in which it is located. Section 355-108 of this chapter provides additional provision for swimming pools.
(5)
Private noncommercial
in-ground or aboveground hot tubs or therapeutic spas which are designed
to contain water with a total surface area less than 100 square feet
and a depth of 24 inches or more shall be located in the rear or side
yard only, which shall be properly secured pursuant to the manufacturer's
specifications.
(6)
Detached
garages, greenhouses and other similar outbuildings are permitted
as residential accessory uses, provided that they are located in a
manner to comply with the building setback lines for the zoning district
in which they are located. All such accessory uses shall be erected,
enlarged and/or demolished in accordance with all applicable provisions
of the chapter. The maximum span of any one side of a permitted detached
garage, greenhouse and other outbuilding shall not exceed 36 feet.
(7)
Paved terraces,
patios or open porches are permitted as residential accessory structures,
provided that such terraces, patios or open porches comply with the
following: they are not completely structurally enclosed; they are
not located closer than 10 feet to any lot line (except a lot line
which is the projection of a common wall); and they do not project
into any required front yard.
(8)
Noncommercial
tennis courts shall not be located closer than 15 feet from any property
line.
(9)
Private freestanding
satellite receiving dishes or telecommunications devices shall be
mounted at ground level and shall not be located closer than 10 feet
from any property lines.
(10)
The height
of a permitted detached garage shall not exceed 35 feet. Unless otherwise
specified by this chapter, the height of all other permitted residential
accessory structures shall not exceed 20 feet.
(11)
Utility
sheds located on a residential lot shall not exceed a floor area of
300 square feet.
(12)
The keeping of domestic farm animals within an accessory structure is permitted, provided that all activities are in compliance with Chapter 123, Animals, of the Code, and provided that the accessory structure is located in a manner to comply with the building setback lines for the zoning district in which it is located.
(13)
Alternative
energy systems, including windmills, solar energy panels, geothermal
systems, or other similar systems, shall be permitted as accessory
structures, provided that they are located in a manner to comply with
the building setback lines for the zoning district in which they are
located.
(14)
All man-made
ponds, lakes, dams and impoundments shall be permitted, provided that
they are located at least 20 feet from all property lines and are
permitted by the appropriate agencies.
B.
The following
provisions for accessory land uses and structures shall apply to nonresidential
uses within all zoning districts:
(1)
Storage facilities
are permitted, provided that such facilities are located in areas
which have access to a street or driveway. Outdoor storage of materials
shall be screened from the view of adjacent properties.
(2)
Living quarters
are permitted only for proprietors, watchmen, caretakers or similar
employees.
(3)
Restaurants,
cafeterias and/or recreational facilities are permitted, provided
that they are intended for the use of employees only, unless they
are permitted as a principal use.
(4)
Unless otherwise
specified within this chapter, all accessory buildings and structures
shall be located in a manner to comply with the building setback lines
for the zoning district in which they are located.
(5)
No permanent
nonresidential accessory building or structure shall be constructed
on any lot prior to the commencement of construction of the principal
building to which it is accessory.
(6)
Unless otherwise
specified by this chapter, the height of a nonresidential accessory
structure shall be 35 feet in height.
(7)
Alternative
energy systems, including windmills, solar energy panels, geothermal
systems, or other similar systems, shall be permitted as accessory
structures, provided that they are located in a manner to comply with
the building setback lines for the zoning district in which it is
located.
(8)
All man-made
ponds, lakes, dams and impoundments, as well as all stormwater management
detention or retention ponds, shall be permitted, provided that they
are located at least 20 feet from all property lines and are permitted
by the appropriate agencies.
A.
The Zoning Hearing
Board may authorize as a special exception the conversion of any single-family
detached dwelling into a dwelling for not more than two families,
provided that the tract or lot is located within the R-1, R-2 and
R-3 Zoning Districts.
B.
As part of the
special exception application, the applicant shall demonstrate that
the residential conversion shall comply with the following provisions:
(1)
The minimum
lot area per family shall not be reduced to less than the minimum
lot area that is required for a single-family dwelling in the zoning
district in which the residential conversion is located.
(2)
The minimum
and maximum dimensional requirements for the appropriate zoning district
shall not be reduced.
(3)
The residential
uses are serviced by public sewage disposal facilities and public
water supply facilities, where separate utility connections are provided
meeting the approval of the Muhlenberg Township Municipal Authority.
(4)
The residential
conversion shall take place within a large building to accommodate
two families. The applicant shall demonstrate that the building has
relatively little economic value or usefulness as a single-family
detached dwelling.
(5)
The building
can be altered and improved to comply with all building code requirements.
The applicant shall provide documentation to the Zoning Hearing Board,
Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer
that all plumbing, heating, electrical, sanitary sewer, storm sewer
and similar facilities comply with all applicable ordinances, regulations
and laws of Muhlenberg Township and/or the Commonwealth of Pennsylvania.
(6)
Each residential
unit shall contain independent washing and bathing facilities as well
as a complete kitchen with cooking facilities to accommodate the tenants.
(7)
At least four off-street parking spaces are provided which are designed to comply with the provisions of Article X of this chapter.
(8)
There shall
be no external alterations of the building, unless it is required
for safety, structural durability, accessibility, architectural enhancement,
or as permitted by Muhlenberg Township.
C.
If the residential
conversion is permitted, the Zoning Hearing Board may prescribe such
further conditions with respect to the conversion and use of such
building as it deems appropriate.
D.
All residential
conversions shall be subject to an annual inspection by the Muhlenberg
Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement
Officer and/or Municipal Authority.
A.
For the purposes
of this chapter, home occupations shall include the following two
categories:
(1)
Category
1 home occupation (also known as "no-impact home-based business"):
a business or commercial activity administered or conducted as an
accessory use, which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic
(whether vehicular or pedestrian), pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
a residential use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Category
2 home occupation: a business or commercial activity administered
or conducted as an accessory use, which is clearly secondary to a
single-family residential dwelling and which involves some customer,
client or patient traffic (whether vehicular or pedestrian), pickup,
delivery or removal functions to or from the premises in excess of
those normally associated with a residential use.
B.
Category 1 home
occupation (also known as "no-impact home-based business") shall be
permitted by right in the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3 and
SA-1 Zoning Districts and by special exception in the I-1 and I-2
Zoning Districts, subject to the following requirements:
(1)
The home
occupation shall be conducted within an approved residential dwelling
unit which complies with the minimum and maximum dimensional requirements
of the zoning district in which the use is located.
(2)
The home
occupation shall be conducted only within the dwelling and may not
occupy more than 25% of the gross floor area of the residential dwelling
unit.
(3)
The home
occupation shall include only lawful uses which shall be clearly secondary
to the residential use and shall be compatible with surrounding residential
uses.
(4)
The home
occupation shall employ no employees other than family members residing
in the dwelling.
(5)
There shall
be no visual display or sale of retail goods.
(6)
There shall
be no stockpiling, storage or inventory of products of a substantial
nature.
(7)
There should
be no outside appearance of a business use, including but not limited
to parking, signs or lights.
(8)
The home
occupation may not use any equipment or process which creates noise,
vibration, glare, fumes, odors, electrical or electronic interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
(9)
The home
occupation may not generate any solid waste or sewage discharge in
volume or type which is not normally associated with residential use
in the neighborhood.
(10)
No more
than one home occupation shall be permitted per residential unit.
C.
Category 2 home
occupations shall be permitted by right in the R-1, R-2, R-3, C-2,
C-3 and SA-1 Zoning Districts and by special exception in the I-1
and I-2 Zoning Districts, subject to the following requirements:
(1)
The home
occupation shall be conducted within an approved single-family detached
dwelling unit which complies with the minimum and maximum dimensional
requirements of the zoning district in which the use is located.
(2)
The home
occupation shall be conducted only within the dwelling or an approved
residential structure which may not occupy more than 25% of the gross
floor area of the single-family detached residential unit.
(3)
The home
occupation shall include only lawful uses which shall be clearly secondary
to the residential use and shall be compatible with surrounding residential
uses. The exterior appearance shall be maintained as a single-family
detached residential use.
(4)
The home
occupation shall be limited to the family members residing within
the dwelling plus two additional persons to provide support services
and assistance.
(5)
There shall
be no visual display or sale of retail goods.
(6)
There shall
be no stockpiling, storage or inventory of products of a substantial
nature.
(7)
The home
occupation may not use any equipment or process which creates noise,
vibration, glare, fumes, odors, electrical or electronic interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
(8)
No manufacturing,
repairing or other mechanical work shall be performed in any open
area. All such activities shall be conducted in such a manner that
they are not detectable or noticeable at or beyond the property line.
(9)
The home
occupation may not generate any solid waste or sewage discharge in
volume or type which is not normally associated with residential use
in the neighborhood.
(10)
No more
than one home occupation shall be permitted per residential unit.
(11)
An off-street parking area shall be provided to meet the following requirements: two parking spaces shall be provided for the residential use; one parking space shall be provided for each employee not residing within the dwelling; and no more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces, and shall be designed to comply with the appropriate provisions of Article X of this chapter.
(12)
A sign
displaying the name and address of the home occupation may be permitted,
subject to the following requirements: no more than one such sign
shall be erected on the lot; the area of the sign shall not exceed
two square feet in size; and the sign shall be either fixed flat on
the main wall of the building or may be erected in the front yard,
but not within 10 feet of the cartway.
A.
Unless otherwise
specified within this chapter, the building height limitations contained
within this chapter shall not apply to chimneys, spires, belfries,
cupolas, farm buildings, silos, greenhouse ventilators, antennas (not
in combination with support towers), water tanks, solar energy collectors,
windmills, and other similar appurtenances which are usually required
to be placed above the roof level, provided that they are not intended
for human occupancy.
A.
When an unimproved
lot is situated between two improved lots with front-yard dimensions
less than those required for the zoning district in which the unimproved
lot is located, the front yard required for the unimproved lot may
be reduced to a depth equal to the average of the two adjoining lots;
provided, however, that this provision shall only apply in such cases
where the improved lots in question are improved as of the time of
the adoption of this chapter and the improvements are located within
100 feet of the unimproved lot. An unimproved lot shall be the same
as a vacant lot, and an improved lot shall be one on which a principal
building is erected.
B.
Unless otherwise
specified by this chapter, all residential and nonresidential lots
shall comply with the appropriate minimum lot width requirement for
that use in the zoning district in which it is located, as measured
at the street line, legal right-of-way line, ultimate right-of-way
line (where it exists) and the building setback line. The following
lot width exceptions shall be permitted:
(1)
Where single-family
residential lots are created along the bulb of a cul-de-sac street,
the minimum lot width may be reduced by 50% of the required lot width,
provided that the minimum lot width requirement is established at
the building setback line, as measured from the street right-of-way
line to a point equivalent to the front-yard setback requirement,
which is specified by the appropriate zoning district in which the
single-family detached dwelling is located. In no case, shall there
be more than six single-family lots located along the bulb of a cul-de-sac
street.
(2)
Where single-family
residential lots are created along a street curve with a horizontal
radius exceeding 150 feet, as measured along the street center line,
the minimum lot width may be reduced by 50% of the required lot width,
provided that the minimum lot width requirement is established at
the building setback line, as measured from the street right-of-way
line to a point equivalent to the front-yard setback requirement which
is specified by the appropriate zoning district in which the single-family
detached dwelling is located. Unless otherwise permitted by Muhlenberg
Township, the side lot lines shall be established at ninety-degree
angles to the street line tangents or radial to the street line curves.
C.
The front yard
and lot width exceptions established under this section of the chapter
shall be subject to the interpretation of the Muhlenberg Township
Zoning Officer.
A.
Flag lots or
key hole lots are permitted as single-family detached lots within
the R-1, R-2 and R-3 Zoning Districts, subject to the following provisions:
(1)
Flag lots
shall only be permitted within residential developments containing
10 or fewer lots, which are designed to accommodate single-family
detached dwelling units.
(2)
No more that
two flag lots shall be permitted as a result of the subdivision and/or
cumulative phases of the development. In all cases, the applicant
must demonstrate that the following site conditions exist:
(a)
The tract
of land cannot be subdivided in a manner to comply with the minimum
lot width and area requirements for the zoning district in which the
flag lot is located.
(b)
The tract
of land represents the total contiguous land area owned by the applicant.
(c)
The tract
of land cannot be further subdivided in the future by normal or typical
design.
(d)
The tract
of land cannot be properly subdivided due to the presence of certain
physical or environmental development constraints associated with
the site.
(e)
The configuration
of the proposed lots will not limit the potential for development
on adjacent tracts of land in the future.
B.
If the applicant
demonstrates that the site conditions are amenable to the development
of a flag lot, the subdivision shall be designed considering the following
requirements:
(1)
The access
strip or stem of the flag lot shall be designed in accordance with
the following requirements:
(a)
The access
strip or stem of the flag lot shall be fee simple and extended from
an existing public street to the rear property line of the flag lot.
(b)
The width
of the access strip or stem shall be a minimum of 50 feet. Additional
width may be required by Muhlenberg Township in order to overcome
problems associated with slope, drainage and/or sedimentation.
(c)
If required by Muhlenberg Township, a ten-foot-wide buffer strip shall be provided along both sides of the access strip or stem. The buffer strip shall be sufficiently landscaped in accordance with the provisions specified under § 355-102 of this chapter.
(d)
The fifty-foot-wide
access strip or stem shall be utilized as a future right-of-way to
permit the construction of a public or private street. If additional
lots are created and/or if additional lots utilized the access strip
or stem for ingress and egress purposes, the fifty-foot-wide access
strip shall be improved to comply with the design standards and specifications
for a public street.
(2)
The net lot
area for each flag lot shall meet or exceed the minimum lot area for
the zoning district in which the flag lot is located. The area of
the access strip or stem shall not be included as part of the net
lot area for the flag lot.
(3)
The building
setback line for the flag lot shall meet the minimum required setback
dimensions for the zoning district in which the flag lot is located.
The setback lines shall be established at the flag portion of the
lot. The front-yard depth or setback shall be measured from the access
strip or stem (extended through the lot) and from the rear property
line. All other setback requirements shall comply with the rear-yard
setback provisions.
(4)
The driveway
serving the flag lot shall comply with all pertinent standards and
specifications for driveways, as specified by the Muhlenberg Township
Code and by the Pennsylvania Department of Transportation. Unless
otherwise permitted by Muhlenberg Township, common driveways shall
be prohibited as part of a flag lot design.
C.
Unless the site
conditions change as a result of improved roads and/or the reestablishment
of lot frontages, flag lots may not be further subdivided or developed
for any other purpose.
D.
If the tract
of land contains any residue or undeveloped land area, the applicant
shall submit a sketch plan depicting how the remaining area will be
developed or perpetually preserved as open space.
A.
Clear sight triangles
shall be provided at all street intersections. Within such triangles
nothing, except permitted street signs, traffic lights or signs, utility
poles and mailboxes, which impedes vision between a height of 2 1/2
feet and 10 feet above the center-line grades of the intersecting
streets, shall be erected, placed, planted or allowed to grow. Such
triangles shall be established as follows:
(1)
For intersections
involving a minor street, the dimension of the clear sight triangle
shall be established for a distance of 75 feet, as measured from the
middle of the intersection or where the center lines of the intersecting
streets cross.
(2)
For intersections
involving a collector street, the dimension of the clear sight triangle
shall be established for a distance of 100 feet, as measured from
the middle of the intersection or where the center lines of the intersecting
streets cross.
(3)
For intersections
involving an arterial street, the dimension of the clear sight triangle
shall be established for a distance of 150 feet, as measured from
the middle of the intersection or where the center lines of the intersecting
streets cross.
B.
The functional
classification of all existing streets within Muhlenberg Township
is identified within the Muhlenberg Township Comprehensive Plan, as
adopted in October of 2003.
C.
No fence, wall
and/or hedge shall be erected or planted within or encroaching upon
the legal or ultimate street right-of-way.
A.
For all corner lots, as defined under Article II of this chapter, the minimum lot width and front-yard setback requirements of the zoning district in which the corner lot is located shall be applied to each street on which the corner lot has frontage.
B.
In cases in which
a preexisting lot of record is changed or converted into a corner
lot, as the result of an adjacent subdivision or land development,
the front yard of the preexisting lot shall only be established along
the public street to which it originally had frontage and access.
All other setback requirements shall conform with the appropriate
side- and rear-yard setback requirements for the zoning district in
which the preexisting lot is located.
A.
Unless otherwise
specified by this chapter, fences, walls and/or hedges may be permitted
within and along the periphery of any required yard, provided:
(1)
No fence,
wall and/or hedge shall be erected or planted within or encroaching
upon the legal or ultimate street right-of-way.
(2)
No fence
or wall, except a security fence or decorative retaining wall, shall
exceed six feet in height. All proposed fences and walls shall be
designed and constructed in accordance with the specifications and
proceedings of the Board of Commissioners, Planning Commission or
the Zoning Officer.
(3)
Fences constructed
out of barbed wire shall only be permitted for agricultural purposes.
The tops of security fences exceeding six feet in height may also
utilize barbed wire.
B.
In situations
where the property line is in doubt, the Zoning Officer may require
the property owner to have a professional land surveyor determine
and mark the precise limits of the property line in question.
A.
The following
projections shall be permitted into required yards and shall not be
considered in the determination of the lot coverage requirements:
(1)
A lawful
building erected prior to the effective date of this chapter which
encroaches into the required side yard established for that district
may be further extended into the rear yard, provided that the building
extension is contiguous to the existing building and provided that
the building extension maintains at a minimum the side-yard and rear-yard
setback established for that zoning district.
(2)
An unenclosed
porch, deck, terrace, patio or similar structure abutting the front
of a building, not exceeding 20 feet in height, may be extended by
not more than eight feet into the front yard with unenclosed sides
except for the required support columns, which support a roof limited
to the dimensions of the porch plus an eighteen-inch projection on
any side for cornices, eaves or gutters.
(3)
An unenclosed
porch, deck, terrace, patio or similar structure abutting the side
or rear of a building, not exceeding 20 feet in height, may be extended
by not more than five feet into the side yard or rear yard with unenclosed
sides except for the required support columns, which support a roof
limited to the dimensions of the porch plus an eighteen-inch projection
on any side for cornices, eaves or gutters. In such cases, the porch
shall be located at least five feet from the property line.
(4)
A porch,
deck, terrace, patio or similar structure that is completely enclosed
by a roof and sides must comply with the designated front, side and
rear setback requirements as well as the building and lot coverage
requirements for the zoning district in which the enclosed structure
is located.
(5)
Garages,
porches, decks, terraces, patios and similar buildings or structures
which are located within the rear yard of single-family semidetached
dwellings, multifamily townhouse units and multifamily apartment units
may be located along the common lot line, provided that they do not
project onto another property and they are located at least five feet
from the rear yard.
(6)
A carport
may be erected as an extension from the principal use over an existing
driveway, provided that it is located in a manner so its location
or projection is not within three feet of the side property line and
it complies with all other setback requirements for that zoning district.
(7)
A buttress,
chimney, cornice, pier or pilaster of a building may project not more
than two feet into a required yard setback.
(8)
Open balconies,
steps, fire escapes, bay windows, eaves, window sills and other similar
architectural features or structures may project into the required
yard, provided that such features shall project no more than five
feet into any required yard. In all such cases, the projection shall
not be located closer than five feet to a property line.
B.
In situations
where the property line is in doubt, the Zoning Officer may require
the property owner to have a professional land surveyor determine
and mark the precise limits of the property line in question.
A.
Where determined
appropriate by Muhlenberg Township and/or the Pennsylvania Department
of Transportation, accessibility to a public street may be restricted,
limited or required by one or more of the following methods:
(1)
Provisions
of marginal access street or internal street system to provide proper
frontage for the proposed lots, which shall be designed, located and
constructed in accordance with the appropriate provisions established
by Muhlenberg Township.
(2)
Provisions
of marginal access street or internal street system to provide rear
access for the proposed reverse frontage lots, which shall be designed,
located and constructed in accordance with the appropriate provisions
established by Muhlenberg Township.
(3)
The restriction
of ingress and egress involving specific turning movements onto or
off of a collector street or arterial street.
B.
Unless otherwise
permitted by Muhlenberg Township, private streets shall be prohibited
unless they are designed, located and constructed in accordance with
the provisions of a minor street, as established by Muhlenberg Township.
C.
Where a subdivision
or land development application abuts or contains an existing street
of inadequate right-of-way width or cartway width, the applicant shall
dedicate additional right-of-way and improve the cartway to conform
with the provisions of the Code or as directed by the Planning Commission
and Board of Commissioners.
D.
Where a subdivision
or land development application abuts an existing street of inadequate
horizontal and/or vertical alignment, the applicant shall dedicate
additional right-of-way and improve the street segment to conform
with the provisions of the Code or as directed by the Planning Commission
and Board of Commissioners.
A.
The overall
intent of these provisions is to supplement and not replace the provisions
identified in those zoning districts where the designation of open
space is explicitly applicable and, further, to identify related use
regulations and performance standards for land to be held for recreational
use and/or for conservation, preservation or enhancement of natural
and cultural resources. These provisions are designed to:
(1)
Provide
an effective means for identifying, organizing and maintaining open
space.
(2)
Provide
for necessary active and passive recreation areas to complement existing
open space and recreational uses.
(3)
Preserve
the natural and environmental resources while maintaining ecological
stability by encouraging the preservation of floodplains; limiting
the development of steep slopes; protecting the quality of existing
watercourses, ponds, lakes and other water bodies, including riparian
buffers; encouraging the preservation of groundwater resources through
the provision of open space areas for groundwater recharge; and avoiding
the disruption of woodland and forest areas.
(4)
Encourage
the preservation of existing and potential agricultural land through
the identification and use of open space lands which are suited for
agricultural production, particularly prime agricultural land.
(5)
Preserve
historic and cultural resources by promoting the preservation of significant
historic and cultural sites and structures as open space; protecting
the character of historic and cultural sites and structures by encouraging
the designation of surrounding land as open space; and by implementing
the Muhlenberg Township Comprehensive Plan.
B.
All land and
water areas designated as common open space within Muhlenberg Township
shall comply with the following provisions:
(3)
Where residential or nonresidential developments do not specifically require common open space, as defined under Articles VII and VIII of this chapter, the residential or nonresidential development shall be subject to the provisions established under this section of the chapter, as well as those other applicable provisions established by Muhlenberg Township.
(4)
The requirements
for common open space, as specified under this chapter of the Code,
do not relieve any person, applicant or developer from the mandatory
requirements for dedication of open space for recreation purposes
or recreation impact fees in lieu of land dedication or any combination
thereof, as permitted under the provisions of the Pennsylvania Municipalities
Planning Code and as adopted by Muhlenberg Township.
(5)
All areas
designated as common open space shall be subject to the review of
the Muhlenberg Township Planning Commission and Muhlenberg Township
Parks and Recreation Board.
C.
Unless otherwise
specified by this chapter or as required by the Board of Commissioners,
the following uses shall be permitted within areas designated as common
open space:
(2)
Conservation
uses or areas to preserve woodland and forest areas, lakes, ponds,
streams, floodplains, wetlands, and other related landscape features.
(5)
Culturally
and/or historically significant uses, as determined appropriate by
the Board of Commissioners.
(6)
All other principal and accessory uses which are considered appropriate for the residential development, as specified under the appropriate sections of Article VII of this chapter.
(7)
All other principal and accessory uses which are considered appropriate for the nonresidential development, as specified under the appropriate sections of Article VIII of this chapter.
(8)
Utility
services and stormwater management facilities which are necessary
to accommodate the residential or nonresidential development.
D.
Unless otherwise
specified by this chapter or as required by the Board of Commissioners,
the land and water areas designated as common open space shall comply
with the following standards and specifications:
(1)
The minimum
area required or the percentage of the gross area to be set aside
as common open space shall meet or exceed the requirement established
by this chapter.
(2)
No more
than 50% of the common open space shall be located on lands within
areas that are located within the one-hundred-year floodplain, areas
delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more
than 50% of the common open space shall include land areas that are
burdened by or are proposed to contain utilities easements and/or
stormwater management facilities, as further described under the Muhlenberg
Township Code.
(4)
The common
open space shall be planned and located as a contiguous accessible
area within the development. Existing and/or proposed roads may bisect
the areas designated as common open space, provided that a crosswalk
at grade is safely designed to link the common open space areas. Planned
linkages to other areas designated as common open space shall be considered
as part of the application.
(5)
Significant
natural features shall be incorporated into the overall schematic
of the design as common open space areas whenever possible.
(6)
A system
for pedestrian circulation throughout the development shall be provided
by utilizing sidewalks and trails.
(7)
The total
land area designated to comply with the minimum open space requirements
shall be comprised of areas not less than 50 feet in width and shall
not contain less than one contiguous acre of land. In addition, there
shall be at least one designated common area that is contiguous within
the development, containing no less than 25% of the required common
open space.
E.
Unless otherwise
specified by this chapter or as required by the Board of Commissioners,
the following provisions shall apply to the ownership and maintenance
of the areas designated as common open space:
(1)
For all
common open spaces, satisfactory written agreements approved by the
Board of Commissioners shall be executed as declarations of easements,
covenants and restrictions in perpetuity for the preservation of the
common open spaces, and shall be recorded with the Berks County Recorder
of Deeds.
(2)
The applicant
or developer shall make arrangements, provisions and/or agreements
to ensure that the common open space shall continue to be adequately
managed and maintained. The applicant or developer shall have the
following options for ownership, management and maintenance of the
common open space:
(a)
Dedicate
the land encompassing the common open space to a homeowners' association,
which is comprised of all the residents of the development;
(b)
Dedicate
the land encompassing the common open space to Muhlenberg Township,
which shall have the option to accept or refuse the land offered for
dedication; or
(c)
Dedicate
the land encompassing the common open space to a conservation organization,
as determined appropriate by the Board of Commissioners.
(3)
The selected
options for the ownership, management and maintenance of the land
and water areas which are designated as common open space shall be
subject to review by the Muhlenberg Township Solicitor and subject
to the approval of the Board of Commissioners.
F.
The provisions
specified herein for common open space do not relieve the applicant
of other requirements for open space and recreation, as specified
within the Muhlenberg Township Code, with which the applicant shall
comply.
A.
Where zoning district or development regulations require landscaping, street trees, replacement trees, buffer yards, screening and/or planting strips, the applicant shall prepare and submit a landscaping plan in accordance with the provisions specified by this Zoning Chapter and Chapter 310, Subdivision and Land Development.
B.
The design criteria and the plant materials utilized for a landscaping plan shall comply with the provisions specified within Chapter 310, Subdivision and Land Development.
C.
As part of the application phase for a subdivision plan or land development plan, Muhlenberg Township may permit alternative trees, hedges and/or shrubs from those specified by Chapter 310, Subdivision and Land Development, of the Code, provided that the applicant or developer provides sufficient evidence from a landscape architect or other qualified professional to demonstrate that the alternative tree, hedge and/or shrub will be more effective to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site.
D.
Chapters 310 and 355 of the Muhlenberg Township Code contain provisions for landscaping, trees, buffer yards, screening and/or planting strips. Should conflicts exist between any design or procedural requirements, Muhlenberg Township may consider the most prudent design for the site as part of the subdivision plan or land development plan. All such alternatives shall be considered as part of a waiver request in accordance with the provisions of Chapter 310, Subdivision and Land Development, of the Code.
E.
Any tree, plant,
shrub, flower, vine or grass species which has been classified as
invasive, noxious or destructive by any local, county, state or federal
agency, including the Pennsylvania Department of Agriculture, shall
be specifically prohibited for use in landscaping and ground cover.
[Amended 11-21-2016 by Ord. No. 563]
A.
Use and/or placement of temporary
structures, which shall include all temporary structures, including
retail or commercial outdoor sales tents or sales corrals, shall conform
to the following requirements:
(1)
A temporary zoning permit
shall be required for all temporary structures and uses authorized
under this section.
(2)
The time period for a temporary
zoning permit, conditions for any renewal of time, and time for removal
of said temporary structure or use shall be as specified in the following
subsections.
(3)
Fees for permits to place
or use temporary structures or uses shall be established by the Board
of Commissioners and set forth in a fee schedule, as amended from
time to time.
(4)
With respect to retail and
commercial sales tents or sales corrals, no owner shall locate more
than one such temporary structure on any one property.
(5)
With respect to retail and
commercial sales tents or sales corrals, if the permittee is not the
owner or lessee of the property on which they are to be located, written
consent of the owner of the property must be presented at the time
of application for the permit.
B.
Use and/or placement of temporary
job site office trailers, storage trailers for construction materials
and sales office trailers shall conform to the following requirements:
(1)
Not to be located in a required
front yard adjacent to a public or private street or within six feet
of a side or rear yard or within 10 feet from any alley.
(2)
Height of any such job-site-related
trailers not to exceed 12 feet.
(3)
Permits for temporary job
site office trailers, storage trailers for construction materials
and sales office trailers shall be valid for the duration of construction
and shall expire at the completion of construction activities or prior
to the issuance of a certificate of occupancy for the structure/use
under construction.
C.
Use and/or placement of temporary
utility trailers and storage containers, including so-called sea containers,
shall conform to the following requirements:
(1)
Not to be located in any
residential zoning district.
(2)
Not to be located in a required
front yard adjacent to a public or private street or within any required
side or rear yard.
(3)
The use of PODS® (portable on-demand storage) containers is permitted
for nonresidential uses. A limit of one pod per dwelling is permitted.
(4)
Height of said utility trailers
or storage containers not to exceed 20 feet.
(5)
Not to be leased or used
by any other entity other than the property owner or lessee of the
site where the trailer or container is to be located. No subleasing
shall be permitted.
D.
Use and/or placement of residential
PODS® (portable on-demand storage)
containers shall conform to the following requirements:
E.
A temporary permit shall be
obtained from the Zoning Officer prior to placement or use of a temporary
structure, temporary placement of temporary utility trailers, storage
containers, job site construction offices, sales office trailers and
PODS®. These facilities shall be inspected
by the appropriate Township officials prior to their use and shall
conform to all applicable Code regulations.
F.
Placement of a temporary structure,
temporary placement of temporary utility trailers, storage containers,
job site construction offices, sales office trailers and PODS® shall not interfere with traffic visibility or
traffic flow.
G.
Except as otherwise provided
above, permits for placement or use of a temporary structure, temporary
placement of temporary utility trailers, storage containers, job site
construction offices, sales office trailers and PODS® shall be valid for an initial period not to exceed 90 days and may
be extended for one additional period of 60 days for good cause shown.
The storage trailer temporary job site office, sales trailer, temporary
utility storage trailer or storage container shall be removed completely
within 30 days of the expiration of the permit therefor at the sole
cost of the permittee.
H.
Temporary structures, temporary
utility trailers, storage containers, job site office, sales trailers
and PODS® shall be maintained in a
safe and sanitary condition.
I.
Temporary structures, temporary
utility trailers, storage containers, job site office, sales trailers
and PODS® may not occupy any designated
parking spaces that would cause the then-current parking standards
for the operating use of the property to be violated, unless the use
on the property is not to be operational during the construction activities.
J.
If temporary structures, temporary
utility trailers, storage containers, job site office, sales trailers
and PODS® are to be placed in a macadamized
parking area, a schematic plan shall be presented illustrating traffic
movement, number of available parking spaces indicating minimum required
parking for existing use, and such macadamized area shall be remediated
to its prior condition within 30 days of removal of the temporary
construction-related structures.
K.
There shall be a maximum number
of temporary structures, temporary utility trailers, storage containers,
job site offices, sales trailers for any single applicant, address
and/or leased property at any given time, which shall be as follows:
|
Number of Available Parking Spaces
|
Number of Temporary Containers Permitted
|
Other Requirement
|
|---|---|---|
|
5 to 15
|
1
|
Plan showing parking spaces
|
|
16 to 40
|
Up to 3
|
Plan showing parking spaces and traffic movements
|
|
41 to 100
|
Up to 5
|
Plan showing parking spaces and traffic movements
|
|
More than 100
|
Up to 15
|
Plan showing parking spaces and traffic movements
|
M.
Fees for permits to place or
use temporary utility trailers, storage containers, job site office,
PODS® and sales trailers shall be established
by the Board of Commissioners and set forth in a fee schedule, as
amended.
A.
Outdoor storage
of any type shall not be permitted unless such storage conforms to
the normal functions and procedures conducted on the premises. Outdoor
storage of any type shall be prohibited if such storage is considered
and/or construed as unsightly, malodorous, hazardous to the environment
and potentially detrimental to the health and safety of the adjacent
property owners.
B.
If required
by Muhlenberg Township, the materials to be stored outdoors shall
be enclosed by a fence and planting screen to conceal the storage
facilities from the view of adjacent properties. The fence and planting
screen shall be subject to the review and approval of Muhlenberg Township.
C.
The location
of the permitted materials to be stored outside as well as any required
fence enclosure shall comply with the minimum setback provisions of
the zoning district in which it is located.
D.
No materials
or waste shall be deposited on site in such form or manner by which
it can be transported off the site by natural causes or forces.
E.
No exterior
storage of a substance which has the potential to contaminate groundwater
or surface water shall be permitted unless the owner provides and
installs safeguards which are satisfactory to the Township and the
Pennsylvania Department of Environmental Protection. All such protective
safeguards shall be subject to the review and approval of Muhlenberg
Township.
F.
Unless otherwise
specifically approved or permitted for the nonresidential use, commercial
outdoor sales of merchandise shall be prohibited. Commercial outdoor
sales may be permitted for those nonresidential uses whose merchandise
is customarily displayed outdoors, provided the use has been designated
on an approved land development plan or occupancy permit.
G.
Seasonal or
sidewalk sales may be permitted on the sidewalk or outside of the
front or side of the principal building or establishment, where goods
are offered for sale to the public, typically at discounted price,
provided that all such sales shall not exceed 60 cumulative days during
the course of a calendar year. The location of all outdoor sales shall
comply with the minimum setback provisions of the zoning district
in which it is located.
A.
No building
or structure may be erected, altered or used, and no lot or premises
may be used for any activity which is continuously noxious, injurious
or offensive by reason of dust, smoke, odor, fumes, noise, vibration,
gas, effluent discharge, illumination, or similar substances or conditions.
B.
Unless otherwise
permitted by the Muhlenberg Township Code, no building, structure,
land, watercourse or parts thereof within Muhlenberg Township shall
be used or occupied, erected, constructed, assembled, moved, enlarged,
reconstructed or structurally altered unless in conformity with the
provisions of this chapter.
C.
Clothing donation containers
shall not be permitted on a property where it would be a second commercial
use and not accessory to the permitted principal use.
[Added 11-21-2016 by Ord.
No. 563]
D.
The use of sea containers shall
be prohibited for use as permanent on-site storage on residential
or commercial properties in the Township.
[Added 11-21-2016 by Ord.
No. 563]
A.
Within Muhlenberg
Township, certain land and/or water areas may be considered hazardous
in terms of their condition or potential use. These hazardous areas
may include mine holes; quarries; sinkholes; waterways; caves; areas
of naturally occurring physical features; areas of naturally occurring
minerals or chemicals; areas containing hazardous, contaminated or
toxic waste; solid waste disposal areas; and/or other areas considered
hazardous by the Muhlenberg Township Zoning Officer or other professional
consultants appointed by Muhlenberg Township. Based upon their presence,
these hazardous areas could endanger the public health, safety or
welfare by presenting potential hazards to life, health or property.
B.
Where hazardous
areas have been identified by the appropriate local, county, state
or federal agency, the following provisions shall apply:
(1)
No occupied
building, well or sewage disposal system shall be located within 500
feet of an identified hazardous area, except as noted within this
section of the chapter.
(2)
An occupied
building, well or sewage disposal system may be located within 500
feet of an identified hazardous area, provided that a sufficient number
of excavations, borings, soil probes and/or groundwater tests have
been conducted within the area to determine that the soil, geology
and/or groundwater conditions are not considered hazardous to the
occupant(s). The accuracy of all test results and/or conclusions shall
be certified by a qualified professional, as determined to have the
appropriate qualifications and credentials by Muhlenberg Township.
All wells located within 500 feet of the hazardous area shall be retested
every two years by a certified laboratory to determine if the water
is potable. All costs incurred for the sampling and laboratory analysis
shall be incurred by the property owner.
C.
The hazardous
areas shall continue to be considered as hazardous areas until the
Board of Commissioners determines that the hazards have been sufficiently
mitigated or adequate safeguards against such hazards have been provided,
as recommended, approved or permitted by the appropriate local, county,
state or federal agencies.
A.
This section
sets forth the general provisions for the installation, use and maintenance
of exterior lighting, the purposes of which are to require lighting
in outdoor public places where safety and security are concerns; protect
drivers and pedestrians on nearby streets from glare from nonvehicular
light sources that shine directly into their eyes and thereby impair
safe travel; shield neighboring properties from glare resulting from
excessive light sources and from nonexistent or improperly directed
or shielded light sources; limit the height of light standards to
preclude or lessen light pollution; and promote efficient design and
operation with regard to energy conservation.
B.
Unless otherwise
specified by the Muhlenberg Township Code, exterior lighting facilities
shall be required for access drives, off-street parking areas and
off-street loading areas involving nonresidential uses, multifamily
residential uses, and other permitted uses that may require exterior
lighting as determined by Muhlenberg Township. Pursuant to the approval
of any plans or permits, Muhlenberg Township shall have the authority
to require lighting to be incorporated for other uses or locations
where in its reasonable discretion such lighting is warranted.
C.
Where required
by Muhlenberg Township to demonstrate compliance with the provisions
of the chapter, a lighting plan shall be prepared and submitted in
accordance with the following criteria:
(1)
A lighting
plan shall be submitted for review and approval for all applications
and uses which require exterior lighting.
(2)
The lighting
plan shall include a schematic layout of all proposed exterior fixture
locations, footcandle data, and a plat demonstrating intensities and
uniformities within the limitations established within the chapter,
as well as the manufacturer's description of the equipment (catalog
cuts), glare control devices, lamps, mounting heights and means, proposed
hours of operation of the lighting, and maintenance schedule. Illumination
intensities shall be plotted on a ten-foot-by-ten-foot grid.
(3)
The applicant
shall submit a visual impact photometric plan that demonstrates both
light coverage and light spillage resulting from the proposed lighting
plan and the provision for adequate measures to mitigate nuisance
from light pollution and disabling glare, both on the use or development
site and on adjacent properties.
A.
Swimming pool
shall be defined as a fixed in-ground or aboveground body of water,
as further defined by this chapter of the Muhlenberg Township Code,
as well as all other building codes and/or property maintenance codes
adopted by Muhlenberg Township. The following standards and specifications
shall apply to swimming pools:
(1)
The swimming
pool shall not occupy more than 50% of the side-yard or rear-yard
area in which it is located.
(2)
The swimming
pool, filters, pumps and other mechanical or structural equipment
shall only be permitted within the side yard or rear yard of a lot
and shall comply with the following setback requirements:
(a)
Swimming
pools shall be located a minimum of 20 feet from the side lot line
and rear lot line for properties located within the R-1, C-2, C-3,
I-1, I-2 and SA-1 Zoning Districts.
(b)
Swimming
pools shall be located a minimum of five feet from the side lot line
and rear lot line for properties located within the R-2 and R-3 Zoning
Districts.
(c)
Swimming
pools shall be located a minimum of three feet from the side lot line
and rear lot line for properties located within the R-4, R-5 and C-1
Zoning Districts.
(3)
Any floodlighting
or other illumination used in conjunction with the swimming pool shall
be shielded and directed away from adjacent property owners.
(4)
The swimming
pool shall be enclosed by a secured fence or wall not less than four
feet in height that shall be equipped with a self-latching gate, which
shall comply with the specifications of the appropriate building codes
and/or property maintenance codes adopted by Muhlenberg Township.
B.
All swimming
pools shall comply with the appropriate provisions for permits, construction,
plumbing, sanitation, inspection, operation and maintenance which
are defined and outlined within the Muhlenberg Township Code.
A.
Renewable energy systems, as further defined under Article II of this chapter, shall be permitted within all zoning districts by right as accessory structures, subject to the following provisions:
(1)
All developments
and/or structures shall be oriented to the fullest extent possible
to maximize the use of passive and/or active solar applications, as
would be appropriate for the site.
(2)
Renewable
energy resource collectors and equipment used for the mounting or
operation of such collectors shall comply with the maximum height
requirements and minimum setback requirements for the zoning district
in which located.
(3)
All exterior
components for the operation of renewable energy resource systems
shall be designed to withstand the forces of nature in accordance
with industry standards.
(4)
Accessory
apparatus or structures necessary for the operation of renewable energy
resource systems, such as overhangs, moveable insulating walls and
roofs, and reflectors, may project up to two feet into the required
yard setbacks, provided that they are not located within 10 feet of
any property line.
(5)
No one shall
block, interfere with or disrupt the functional operation of an existing
renewable energy resource, including erecting a building or other
structure; planting a tree, shrub or other flora; disrupting the quantity
or quality or surface water or groundwater; and blocking solar or
wind resources.
B.
To obtain renewable
energy resource protection, the renewable energy system owner shall
file a statement with the Zoning Officer that the renewable energy
resource system has been installed. At such time the owner shall also
obtain a permit that he has located his renewable energy resource
system on his property to obtain maximum protection from future lawful
buildings or structures located on adjoining properties. In addition,
the owner shall document the land and airspace which must remain open
to assure adequate solar access to his collector.
A.
All construction
and site improvement activities which require the moving of earth
or the filling or excavating of an area shall submit a plan to Muhlenberg
Township showing site grading and erosion control measures.
B.
The existing
grade of an area shall not be increased so that unstable slopes are
created.
C.
The surface
area of any yard adjacent to a building or structure shall be graded
so that the surface water will be drained away from such structure.
D.
Topsoil shall
not be stripped from any site within Muhlenberg Township unless it
is directly affiliated with the subdivision and/or development of
land. Unless permitted by the Board of Commissioners, topsoil shall
not be removed from any site within Muhlenberg Township.
E.
The on-site
burial of trees, stumps or construction materials is prohibited. Trees
and stumps may be chipped or reduced in size to be removed from the
site.
F.
All filling,
grading and excavation activities shall be approved and permitted
by the Pennsylvania Department of Environmental Protection and the
Berks County Conservation District.
A.
All general
blasting and/or detonation operations shall conform with the regulations
enforced by the applicable agencies of the Commonwealth of Pennsylvania
and the federal government.
B.
Blasting and/or
detonation operations shall only be permitted between the hours of
9:00 a.m. and 4:00 p.m. and shall not be permitted on Sundays and
holidays.
C.
Written notice
of all blasting and/or detonation operations shall be given at least
24 hours prior to the commencement of blasting and/or detonation to
the Muhlenberg Township Zoning Officer and to the occupants of all
properties within a radius of 1,000 feet of the location of the blasting
and/or detonation. In addition, notice shall be given to the regional
fire department, police department and all sensitive business ventures.
D.
All blasting
and/or detonation operations shall be conducted by a qualified licensed
contractor. A copy of the license and certificate of insurance shall
be provided to Muhlenberg Township at least 24 hours prior to the
commencement of blasting.
E.
The storage
of explosives shall be in accordance with all pertinent federal, state
and local laws.
