A.
Floodplain areas. The identified floodplain area shall consist of
the following specific areas:
(1)
FW (floodway area): the areas identified as "floodway" in the AE
Zone in the Flood Insurance Study prepared by the FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
(2)
FF (flood-fringe area): the remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated.
(3)
FE (special floodplain area): the areas identified as Zone AE in
the Flood Insurance Study, where one-hundred-year flood elevations
have been provided, but no floodway has been delineated.
(4)
FA (general floodplain area): the areas identified as Zone AE in
the Flood Insurance Study for which no one-hundred-year flood elevations
have been provided. When available, information from other federal,
state and other acceptable sources shall be used to determine the
one-hundred-year elevation, as well as a floodway area, if possible.
When no other information is available, the one-hundred-year elevation
shall be determined by using a point on the boundary line of the identified
floodplain area which is nearest the construction site in question.
B.
Hydrologic and hydraulic engineering. In lieu of the above, the Township
may require the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analyses
shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Township.
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Township where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change, approval must be obtained
from the Federal Insurance Administration (FIA).
D.
Variance procedures and conditions for flood areas.
(1)
Requests for variances shall be considered by the Township in accordance
with the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(b)
No variance shall be granted for any construction, development,
use or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
(c)
Except for a possible modification of the 1 1/2 foot freeboard
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, the Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare and to achieve the
objectives of this chapter.
(g)
In reviewing any request for a variance, the Township shall
consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance will (a) neither result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety or extraordinary public expense nor (b) create
nuisances, cause fraud on or victimize the public or (c) conflict
with any other applicable state or local ordinances and/or regulations.
(h)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Insurance Administration.
(2)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
E.
Technical provisions.
(1)
General requirements.
(a)
No encroachment, alteration or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township
or the applicant and until all required permits or approvals have
been first obtained from the Bureau of Waterways Engineering. In addition,
the Federal Emergency Management Agency and Pennsylvania Department
of Community and Economic Development, Strategic Planning and Operations
Office, shall be notified prior to any alteration or relocation of
any watercourse.
(b)
Any new construction, development, uses or activities allowed
within any identified floodplain area, shall be undertaken in strict
compliance with the provisions contained in this chapter and any other
applicable codes, ordinances and regulations.
(2)
Special requirements for FW, FE and FA areas.
(a)
Within any FW (floodway area), the following provisions apply:
[1]
Any new construction, development, use, activity or encroachment
that would cause any increase in one-hundred-year flood heights shall
be prohibited.
[2]
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(b)
Within any FE (special floodplain area), no new construction
or development shall be allowed unless it is demonstrated that the
cumulative effect of the proposed development, when combined with
all other existing and anticipated development, will not increase
the elevation of the one-hundred-year flood more than one foot at
any point.
(c)
Within any FE (special floodplain area) or FA (general floodplain
area), the following provisions apply:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection,
Bureau of Dams, Waterways and Wetlands.
(3)
Elevation and floodproofing requirements.
(a)
Residential structures. Within any identified floodplain area,
any new construction or substantial improvement of a residential structure
shall have the lowest floor (including basement) elevated up to or
above the regulatory flood elevation.
(b)
Nonresidential structures.
[1]
Within any identified floodplain area, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including basement) elevated up to or above the
regulatory flood elevation, or be designed and constructed so that
the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
[2]
Any nonresidential structure or part thereof having a lowest
floor which is not elevated to at least 1 1/2 feet above the
one-hundred-year flood elevation, shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Flood-Proofing Regulations,"
published by the United States Army Corps of Engineers (June 1972,
as amended March 1992) or with some other equivalent standard. All
plans and specifications for such floodproofing shall be accompanied
by a statement certified by a registered professional engineer or
architect which states that the proposed design and methods of construction
are in conformance with the above-referenced standards.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (including basement)
is prohibited.
[2]
Partially enclosed space below the lowest floor (including basement)
which will be used solely for the parking of a vehicle, building access
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "partially enclosed space" also includes crawl spaces. Designs
for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria.
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
(d)
Construction plans. Plans of all proposed buildings, structures
and other improvements, shall include the following:
F.
Design and construction standards.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(d)
Be no steeper than one foot vertical to two feet horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Building Permit Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it or
contamination from it during a flood.
(4)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or
in times of flooding could be injurious to human, animal or plant
life, and not listed herein which may endanger human life, shall be
stored at or above the regulatory flood elevation and/or flood proofed
to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(b)
All air ducts, large pipes, storage tanks and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply system. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
G.
Development which may endanger human life.
(1)
Dangerous substances.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,
32 P.S. § 679.101 et seq., and the regulations adopted by the
Pennsylvania Department of Community and Economic Development, Strategic
Planning and Operations Office, as required by the Act, any new or
substantially improved structure which will be used for the production
or storage of any of the following dangerous materials or substances;
or will be used for any activity requiring the maintenance of a supply
of more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises; or will
involve the production, storage or use of any amount of radioactive
substances shall be subject to the provisions of this section, in
addition to all other applicable provisions. The following list of
materials and substances are considered dangerous to human life:
|
Acetone
|
|
Ammonia
|
|
Benzene
|
|
Calcium carbide
|
|
Carbon disulfide
|
|
Celluloid
|
|
Chlorine
|
|
Hydrochloric acid
|
|
Hydrocyanic acid
|
|
Magnesium
|
|
Nitric acid and oxides of nitrogen
|
|
Petroleum products (gasoline, fuel oil, etc.)
|
|
Phosphorus
|
|
Potassium
|
|
Sodium
|
|
Sulphur and sulphur products
|
|
Pesticides (including insecticides, fungicides and rodenticides)
|
|
Radioactive substances, insofar as such substances are not otherwise
regulated; and
|
(b)
Any other material that, because of its quantity, concentration,
physical or chemical characteristics, may pose a real hazard to human
health and/or the environment. These hazardous materials may include,
but are not limited to the following categories: explosives, compressed
gases, flammable liquids, flammable solids, oxidizers and organic
peroxides, toxic materials, radioactive materials, corrosives and/or
any material listed with the Hazardous Material Information System
(HMIS).
(2)
Prohibited structures. Within any FW (floodway area), any structure of the kind described in Subsection G(1)(a) above shall be prohibited.
(3)
Construction above freeboard. Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection G(1)(a) above, shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood and designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972, as amended March 1992) or with some other equivalent watertight standard.
H.
Manufactured homes.
(1)
Manufactured homes shall be prohibited within any FW (floodway area).
(2)
Within any FA (General Floodplain Area) or FE (Special Floodplain
Area), manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
I.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations promulgated
by the Pennsylvania Department of Community and Economic Development,
Strategic Planning and Operations Office, to implement the Pennsylvania
Flood Plain Management Act, the following activities shall be prohibited
within any identified floodplain area unless a special permit has
been issued by the Township:
(2)
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(a)
A written request, including a completed building permit application
form.
(b)
A small scale map showing the vicinity in which the proposed
site is located.
(c)
A plan of the entire site, clearly and legibly drawn, at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale and date.
[2]
Topography based upon the National Geodetic Vertical Datum of
1929, showing existing and proposed contours at intervals of two feet.
[3]
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
[4]
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
[5]
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting or affected by the proposed activity or development.
[6]
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year flood elevations,
and information concerning the flow of water, including direction
and velocities.
[7]
The location of all proposed buildings, structures, utilities
and any other improvements.
[8]
Any other information which the municipality considers necessary
for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
[1]
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
[2]
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
[3]
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the one-hundred-year
flood.
[4]
Detailed information concerning any proposed floodproofing measures.
[5]
Cross section drawings for all proposed streets, drives, other
accessways and parking areas, showing all rights-of-way and pavement
widths.
[6]
Profile drawings for all proposed streets, drives and vehicular
accessways, including existing and proposed grades.
[7]
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(e)
The following data and documentation:
[1]
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he/she represents.
[2]
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood.
[3]
A statement, certified by a registered professional engineer,
architect, landscape architect or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life.
[4]
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on one-hundred-year
flood elevations and flows.
[5]
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year flood elevations and flows.
[6]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
[9]
An evacuation plan which fully explains the manner is which
the site will be safely evacuated before or during the course of a
one-hundred-year flood.
J.
Application review procedures. Upon receipt of an application for
a special permit by the Township, the procedures followed for an application
for a preliminary plan approval shall be followed.
(1)
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Township Planning Commission
and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall
notify the applicant, in writing, stating in what respect the application
is deficient.
(3)
If the Township decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Pennsylvania Department of Community and Economic Development,
Strategic Planning and Operations Office, by registered or certified
mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow the Pennsylvania
Department of Community and Economic Development, Strategic Planning
and Operations Office, 30 days, after receipt of the notification
by the Department, to review the application and decision made by
the Township.
(6)
If the Township does not receive any communication from the Pennsylvania
Department of Community and Economic Development, Strategic Planning
and Operations Office, during the thirty-day review period, it may
issue a special permit to the applicant.
(7)
If the Pennsylvania Department of Community and Economic Development,
Strategic Planning and Operations Office, should decide to disapprove
an application, it shall notify the Township and the applicant, in
writing, of the reasons for the disapproval, and the Township shall
not issue the special permit.
K.
Special technical requirements.
(1)
In addition to the requirements of this chapter, the following minimum
requirements shall also apply to any proposed development requiring
a special permit. If there is any conflict between any of the following
requirements and those of this chapter or in any other code, ordinance
or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located and constructed so that:
[1]
The structure will survive inundation by waters of the one-hundred-year
flood without any lateral movement or damage to either the structure
itself or to any of its equipment or contents below the one-hundred-year
flood elevation.
[2]
The lowest floor (including basement) elevation will be at least
1 1/2 feet above the one-hundred-year flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the one-hundred-year
flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.
shall be submitted in sufficient detail to allow a thorough technical
review by the Township and the Department of Community Affairs.
L.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(b)
No expansion or enlargement of an existing structure shall be
allowed within any FE area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
(c)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this chapter.
(d)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or flood-proofed
to the greatest extent possible.
A.
ACCESS
ACCESS CONNECTION
ACCESS MANAGEMENT
ACCESS MANAGEMENT PLAN (CORRIDOR)
ACCESS STANDARDS
CARTWAY
CONNECTION SPACING
CORNER CLEARANCE
CORRIDOR OVERLAY ZONE
CROSS ACCESS
DEED
EASEMENT
FRONTAGE ROAD
FUNCTIONAL AREA (INTERSECTION)
FUNCTIONAL CLASSIFICATION
JOINT ACCESS (OR SHARED ACCESS)
LOT
LOT DEPTH
LOT FRONTAGE
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, NONCONFORMING
LOT, THROUGH (ALSO CALLED A "DOUBLE FRONTAGE LOT")
NONCONFORMING ACCESS FEATURES
OUTPARCEL
PARCEL
PEDESTRIAN CROSS ACCESS
PLAT
REASONABLE ACCESS
RIGHT-OF-WAY
SERVICE ROAD
STUB-OUT (STUB STREET)
SUBDIVISION
TEMPORARY ACCESS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A way or means of approach to provide vehicular or pedestrian
entrance or exit to a property.
Any driveway, street, turnout or other means of providing
for the movement of vehicles to or from the public roadway system.
The process of providing and managing access to land development
while preserving the regional flow of traffic in terms of safety,
capacity, and speed.
A plan illustrating the design of access for lots on a highway
segment or an interchange area that is developed jointly by the state,
the metropolitan planning organization, and the affected jurisdiction(s).
A ranking system for roadways used to determine the appropriate
degree of access management. Factors considered include functional
classification, the appropriate local government's adopted plan for
the roadway, subdivision of abutting properties, and existing level
of access control.
That area of road surface from curbline to curbline or between
the edges of the paved or hard surface of the roadway, which may include
travel lanes, parking lanes, and deceleration or acceleration lanes.
The distance between connections, measured from the closest
edge of pavement of the first connection to the closest edge of pavement
of the second connection along the edge of the traveled way.
The distance from an intersection of a public or private
road to the nearest access connection, measured from the closest edge
of the pavement of the intersecting road to the closest edge of the
pavement of the connection along the traveled way. (See Appendix A,
Figure I.[1])
Special requirements added onto existing land development
requirements along designated portions of a public thoroughfare.
A service drive providing vehicular access between two or
more contiguous sites so the driver need not enter the public street
system.
A legal document conveying ownership of real property.
A grant of one or more property rights by a property owner
to or for use by the public, or another person or entity.
A public or private drive which generally parallels a public
street between the right-of-way and the front building setback line.
The frontage road provides access to private properties while separating
them from the arterial street. (See also "service road.")
That area beyond the physical intersection of two controlled
access facilities that comprises decision and maneuver distance, plus
any required vehicle storage length, and is protected through corner
clearance standards and driveway connection spacing standards.
A system used to group public roadways into classes according
to their purpose in moving vehicles and providing access.
A driveway connecting two or more contiguous sites to the
public street system.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, which is recognized as a separate legal entity
for purposes of transfer of title, has frontage upon a public or private
street, and complies with the dimensional requirements of this code.
The average distance measured from the front lot line to
the rear lot line.
That portion of a lot extending along a street right-of-way
line.
A lot or parcel that exists as shown or described on a plat
or deed in the records of the County Recorder of Deeds office.
The horizontal distance between side lot lines measured parallel
to the front lot line at the minimum required front setback line.
Any lot having at least two contiguous sides abutting upon
one or more streets, provided that the interior angle at the intersection
of such two sides is less than 135°.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption or amendment.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
Features of the access system of a property that existed
prior to the date of ordinance adoption and do not conform with the
requirements of this Code.
A parcel of land abutting and external to the larger, main
parcel, which is under separate ownership and has roadway frontage.
A division of land comprised of one or more lots in contiguous
ownership.
A walkway providing pedestrian access between two or more
contiguous sites so that the pedestrian does not mingle with traffic.
The map or plan of a subdivision or land development, whether
preliminary or final.
The minimum number of access connections, direct or indirect,
necessary to provide safe access to and from the thoroughfare, as
consistent with the purpose and intent of this code and any applicable
plans and policies of Unity Township.
Land reserved, used, or to be used for a highway, street,
alley, walkway, drainage facility, or other public purpose.
A public or private street or road, auxiliary to and normally
located parallel to a controlled access facility, that maintains local
road continuity and provides access to parcels adjacent to the controlled
access facility.
A portion of a street or cross-access drive used as an extension
to an abutting property that may be developed in the future.
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Provision of direct access to the controlled access facility
until that time when adjacent properties develop, in accordance with
a joint access agreement or frontage road plan.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Access management classification system and standards.
(1)
Roadways shall be classified by the following functional categories:
(a)
Local streets. Streets that provide access to single-family
residential neighborhoods.
(b)
Collectors. Streets that link local streets with the arterial
system and serve residential areas primarily internal to one neighborhood.
(c)
Minor arterials. Streets that feed the major arterial system,
support moderate-length trips, and serve activity centers.
(d)
Major arterials. Streets and highways that provide service to
traffic entering and exiting the city and between major activity centers
within the city.
(2)
The classification of each roadway is set forth in the Major Thoroughfare
Plan of the Unity Township Comprehensive Development Plan.
(3)
All connections on facility segments that have been classified shall
meet or exceed the minimum connection spacing requirements of that
classification, as specified in Table 1.
|
Table 1: Minimum Connection Spacing
| ||
|---|---|---|
|
Street Classification
|
Minimum Adjacent Spacing
(feet)
|
Minimum Opposite Right Spacing
(feet)
|
|
Local street
|
150
|
125
|
|
Collector
|
185
|
175
|
|
Minor arterial
|
230
|
225
|
|
Major arterial
|
275
|
300
|
(4)
Driveway spacing shall be measured from the closest edge of the pavement
to the next closest edge of the pavement. (See definition section
and Appendix A, Figure I.[2]) The projected future edge of the pavement of the intersecting
road shall be used in measuring corner clearance, where widening,
relocation, or other improvement is indicated in an adopted local
transportation plan or transportation plan of the state, county or
Township.
[2]
Editor' Note: Appendix A is included as an attachment to this chapter.
(5)
If the connection spacing of this code cannot be achieved, then a
system of joint use driveways may be required in accordance with the
variance standards set forth herein.
C.
Corner clearance.
(1)
Corner clearance for connections shall meet or exceed the minimum
connection spacing requirements for that roadway.
(2)
New connections shall not be permitted within the functional area
of an intersection or interchange as defined by the connection spacing
standards of this code.
(3)
In addition to the required minimum lot size, all corner lots shall
be of adequate size to provide for required front yard setbacks and
corner clearance on street frontage.
D.
Joint and cross access.
(1)
Adjacent commercial or office properties classified as major traffic
generators (for example, shopping plazas, office parks) shall provide
a cross-access drive and pedestrian access to allow circulation between
sites.
E.
A system of joint-use driveways and cross-access easements shall
be established wherever feasible in the Overlay Zone. The Overlay
Zone shall apply to the full extent of these roads throughout Unity
Township.
(1)
The building site shall incorporate the following:
(a)
A continuous service drive or cross-access corridor extending
the entire length of each block served to provide for driveway separation
consistent with the access management standards.
(b)
A design speed of 10 mph and sufficient width to accommodate
two-way travel aisles designed to accommodate automobiles, service
vehicles, and loading vehicles.
(c)
Stub-outs and other design features to make it visually obvious
that the abutting properties may be tied in to provide cross access
via a service drive.
(d)
A unified access and circulation system plan that includes coordinated
or shared parking areas is encouraged wherever feasible.
(2)
Shared parking areas shall be permitted a reduction in required parking
spaces if peak demand periods for proposed land uses do not occur
at the same time periods.
(3)
Pursuant to this subsection, property owners shall:
(a)
Record an easement with the deed allowing cross access to and
from other properties served by the joint-use driveways and cross-access
or service drive;
(b)
Record an agreement with the deed that remaining access rights
along the thoroughfare will be dedicated to Unity Township and preexisting
driveways will be closed and eliminated after construction of the
joint-use driveway;
(c)
Record a joint maintenance agreement with the deed defining
maintenance responsibilities of property owners.
F.
Access connection and driveway design.
(1)
Driveway approaches must be designed and located to provide an exiting
vehicle with an unobstructed view. Construction of driveways along
acceleration or deceleration lanes and tapers is discouraged due to
the potential for vehicular weaving conflicts.
(2)
Driveway width and flair shall be adequate to serve the volume of
traffic and provide for rapid movement of vehicles off of the major
thoroughfare, but standards shall not be so excessive as to pose safety
hazards for pedestrians, bicycles, or other vehicles. (See Appendix
A, Figures 2 and 3.[3])
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
The length of driveways or "throat length" (see Appendix A, Figure
4[4]) shall be designed in accordance with the anticipated
storage length for entering and exiting vehicles to prevent vehicles
from backing into the flow of traffic on the public street or causing
unsafe conflicts with on-site circulation. Throat length should be
determined on a case-by-case basis, but generally varies according
to the number of trips generated by the land use. The following Table
provides examples of different sized retail establishments and recommended
driveway throat lengths. A traffic impact study based on peak-hour
demand will be conducted to determine the extent of potential queuing
problems and how best to resolve them. These measures are generally
acceptable for the principal access to a property and are not intended
for minor driveways.
|
Examples of Throat Length Requirements
| ||
|---|---|---|
|
Type of Retail Establishment
|
Recommended Throat Length
(feet)
|
Approximate Number of Cars Per Lane
|
|
Small strip mall
|
75 to 95
|
5
|
|
Small shopping center or large supermarket
|
200
|
11
|
|
Large regional mall
|
500
|
28
|
|
Major arterial
|
275
|
300
|
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
G.
Requirements for outparcels and phased development plans.
(1)
In the interest of promoting unified access and circulation systems,
development sites under the same ownership or consolidated for the
purposes of development and comprised of more than one building site
shall not be considered separate properties in relation to the access
standards of this code. The number of connections permitted shall
be the minimum number necessary to provide reasonable access to these
properties, not the maximum available for that frontage. All necessary
easements, agreements, and stipulations required under this subsection
shall be met. This shall also apply to phased development plans. The
owner and all lessees within the affected area are responsible for
compliance with the requirements of this code and both shall be cited
for any violation.
(2)
All access to the out parcel must be internalized using the shared
circulation system of the principle development or retail center.
Access to out parcels shall be designed to avoid excessive movement
across parking aisles and queuing across surrounding parking and driving
aisles.
(3)
The number of outparcels shall not exceed one per 10 acres of site
area, with a minimum lineal frontage of 300 feet per outparcel or
greater where access spacing standards for that roadway require. In
such cases the right of direct access to the roadway shall be dedicated
to Unity Township and recorded with the deed.
H.
Emergency access. In addition to minimum side, front, and rear yard
setback and building spacing requirements specified in this code,
all buildings and other development activities, such as landscaping,
shall be arranged on site so as to:
I.
Transit access.
(1)
In commercial or office zoning districts where transit service is
available or is planned to be available within five years, provisions
shall be made for adequate transit access, in the form of turn-around
loops or turnout bays. At a minimum, in the case of a loop or cul-de-sac,
entrance curves shall have a thirty-five-foot radius, and the internal
circle shall have an inside radius of 30 feet and an outside radius
of 52.5 feet. In the case of turnout bays, the curve radius shall
be 35 feet, the distance from the roadside edge to the inside edge
of the outside radius shall be 52.5 feet.
(2)
The transit cart ways shall be sufficiently strengthened in accordance
with accepted engineering standards to support the additional weight
of transit vehicles.
(3)
Pedestrian access shall be provided to transit stops.
J.
Corridor access management overlay. The following requirements shall
apply to segments of designated thoroughfares that are planned for
commercial or intensive development. All land in a parcel having a
single tax code number, as of September 25, 2001, and fronting on
a section of roadway included in the Overlay Zone, shall be entitled
one driveway/connection per parcel as of right on said public thoroughfare(s).
When subsequently subdivided, either as metes and bounds parcels or
as a recorded plat, parcels designated herein shall provide access
to all newly created lots via the permitted access connection. This
may be achieved through subdivision roads, joint and cross access,
service drives, and other reasonable means of ingress and egress in
accordance with the requirements of this code. The following standards
shall also apply:
(1)
Parcels with large frontages may be permitted additional driveways
at the time of adoption of these requirements, provided they are consistent
with the applicable driveway spacing standards.
(2)
Existing parcels with frontage less than the minimum connection spacing for that corridor may not be permitted a direct connection to the thoroughfare under this section where the Township Supervisors determine that alternative reasonable access is available to the site. The Township Supervisors, in their sole discretion, may allow for a temporary driveway as provided in Subsection G with the stipulation agreed, in writing, by the property owner that joint and cross access shall be established as adjacent properties develop.
(3)
Additional access connections may be allowed where the property owner
demonstrates to the Township that safety and efficiency of travel
on the thoroughfare will be improved by providing more than one access
to the site.
(4)
No parking or structure other than signs shall be permitted within
35 feet of the roadway right-of-way. The thirty-five-foot buffer shall
be landscaped with plants suitable to the soil and in a manner that
provides adequate sight visibility for vehicles exiting the site.
Property owners shall be permitted to landscape the right-of-way,
pursuant to an approved landscaping plan.
(5)
Permitted connections shall be identified on a map that shall be
adopted by reference, and that portion of a corridor affected by these
overlay requirements shall be delineated on the Unity Township Zoning
Map.
K.
Reverse frontage.
(1)
Access to double-frontage lots shall be required on the street with
the lower functional classification.
(2)
When a residential subdivision is proposed that would abut an arterial
street, it shall be designed to provide through lots along the arterial
street with access from a frontage road or interior local road. Access
rights from these lots to the arterial street shall be dedicated to
Unity Township and recorded with the subdivision plan. A berm or buffer
yard may be required at the rear of through lots to buffer residences
from traffic on the arterial. The berm or buffer yard shall not be
located within the public right-of-way.
L.
Lot width-to-depth ratios. To provide for proper site design and
prevent the creation of irregularly shaped parcels, the depth of any
lot or parcel shall not exceed three times its width.
M.
Shared access.
(1)
Subdivisions with frontage on the state highway system shall be designed
into shared access points to and from the highway. Normally a maximum
of two accesses should be allowed regardless of the number of lots
or businesses served.
(2)
Subdivisions on a single residential access street ending in a cul-de-sac
shall not exceed 25 lots or dwelling units, and the cul-de-sac shall
have a minimum cart-way radius of 50 feet.
N.
Connectivity.
(1)
The street system of a proposed subdivision shall be designed to
coordinate with existing, proposed, and planned streets outside of
the subdivision as provided in this section.
(2)
Wherever a proposed development abuts unplatted land or a future
development phase of the same development, street stubs shall be provided
as deemed necessary by Unity Township to provide access to abutting
properties or to logically extend the street system into the surrounding
area. All street stubs shall be provided with temporary turn-around
or culs-de-sac unless specifically exempted by Unity Township, and
the restoration and extension of the street shall be the responsibility
of any future developer of the abutting land.
(3)
Collector streets shall intersect with collector or arterial streets
at safe and convenient locations.
(4)
Sub-collector and local residential access streets shall connect
with surrounding streets to permit the convenient movement of traffic
between residential neighborhoods or facilitate emergency access and
evacuation, but such connections shall not be permitted where the
effect would be to encourage the use of such streets by substantial
through traffic.
O.
Site plan review procedures.
(1)
In addition to the requirements for a subdivision or land development,
applicants located within the Transportation Overlay District shall
submit a preliminary site plan for review by the Township which, at
a minimum, must contain:
(a)
The location of access point(s) on both sides of the road where
applicable;
(b)
Distances to neighboring constructed access points, median openings,
traffic signals, intersections, and other transportation features
on both sides of the property;
(c)
The number and direction of lanes to be constructed on the driveway
plus striping plans;
(d)
All planned transportation features (such as auxiliary lanes,
signals, etc.);
(e)
Trip generation data or appropriate traffic studies;
(f)
Parking and internal circulation plans;
(g)
A plat map showing property lines, right-of-way, and ownership
of abutting properties; and
(h)
A detailed description of any requested variance and the reason
the variance is requested.
(2)
The following criteria shall be followed in the layout, design and
review of subdivisions and/or site plans in this overlay district
to insure adequacy of access:
(a)
The road system shall be designed to meet the projected traffic
demand, and the road network shall consist of a hierarchy of roads
designed according to function.
(b)
The road network shall follow the natural topography and preserve
natural features of the site as much as possible. Alignments shall
be planned so that grading requirements are minimized.
(c)
Access shall be properly placed in relation to sight distance,
driveway spacing, and other related considerations, including opportunities
for joint and cross access. Entry roads shall be clearly visible from
the major arterials.
(d)
Units shall front on residential access streets rather than
major roadways.
(e)
Automobile movement shall be provided within the site without
having to use the peripheral road network.
(f)
The road system shall provide adequate access to buildings for
residents, visitors, deliveries, emergency vehicles, and garbage collection.
(g)
The edges of the roadways shall be landscaped. Sidewalks shall
be provided alongside the road and they shall be set back sufficiently
from the road. A landscaped planting strip between the road and the
sidewalk shall be provided.
(h)
The pedestrian path system shall link buildings with parking
areas, entrances to the development, open space, and recreational
and other community facilities.
(3)
The Township reserves the right to require a traffic and safety analysis
where safety is an issue or where significant problems already exist.
(4)
Applicants must be notified by the Township if any additional information
is needed to complete the application within 10 days of the date the
application is filed.
(5)
Upon review of the access application, Unity Township may approve
the access application, approve with conditions, or deny the application.
This must be done within 60 days of receiving the complete application
unless extended by agreement of the applicant.
(6)
Any application that involves access to a State Highway System shall
be reviewed by the Pennsylvania Department of Transportation for conformance
with state highway occupancy permit standards. Where the applicant
requires access to the State Highway System, and a zoning approval,
subdivision or site plan review and/or approval is also required,
all development review shall be coordinated with the Pennsylvania
Department of Transportation as follows:
(a)
An access management/site plan review committee that includes
representatives of the Pennsylvania Department of Transportation and
the Township shall review the application. The committee shall inform
the developer what information will be required for access review.
Information required of the applicant may vary depending upon the
size and timing of the development, but shall at a minimum meet the
requirements of this section.
(b)
Upon review of the application, the access management review
committee shall advise the Zoning Officer whether the access application
is recommended for approval, approval with conditions, or denial.
(7)
If the application is recommended for approval with conditions, the
applicant shall resubmit the plan with the all recommended changes
made. The revised plan, with submitted changes, will be reviewed by
the Township within 60 days of resubmission and approved or rejected.
Second applications may only be rejected if conditional changes are
not made.
(8)
If the access permit is denied, Unity Township shall provide an itemized
letter detailing why the application has been rejected.
(9)
Where applications are approved, approved with conditions, or rejected,
any aggrieved party shall have 30 days to file an appeal in accordance
with the provisions of the Pennsylvania Municipalities Planning Code
(MPC).
P.
Modification and waiver standards.
(1)
Any modification or waiver of the standards contained in this article
shall be in harmony with the purpose and intent of these regulations
and shall not be considered until every feasible option for meeting
the access standards of this section are found by the Township to
be unfeasible.
(2)
Applicants for a modification or waiver from these standards must
provide proof of unique or special conditions that make strict compliance
with the provisions of this chapter unfeasible. Such proof shall include
evidence that:
(3)
No modification or waiver will be granted unless its denial would
preclude the applicant all reasonable access, endanger public health,
welfare or safety, or cause an exceptional and undue hardship on the
applicant. No modification or waiver shall be granted where such hardship
is self-created.
(4)
The Township may reduce the connection spacing requirements set forth
herein in situations where they prove impractical, but in no case
shall the permitted spacing be less than 80% of the applicable standard
unless a modification or waiver is granted pursuant to this section.
(5)
Modification from the standards established in herein shall be permitted
by the Township where the modification would enhance the safety or
operation of the roadway. Such modifications may include, for example,
a pair of one-way driveways in lieu of a two-way driveway, or alignment
of median openings with existing access connections. Applicants may
be required to submit a study prepared by a registered engineer to
assist the Township in determining whether the proposed change would
exceed roadway safety or operational benefits of the prescribed standard.
(6)
New connections shall not be permitted within the functional area
of an intersection or interchange as defined by the connection spacing
standards of this code, unless:
(a)
No other reasonable access to the property is available; and
(b)
Following submission and review of a site-specific study of
the proposed connection prepared by a registered engineer and submitted
by the applicant, the Township determines the connection does not
create a safety or operational problem.
(7)
The Township may reduce the required separation distance of access
points where they are impractical and where:
(a)
Joint access driveways and cross-access easements are provided
wherever feasible in accordance with this section.
(b)
The site plan incorporates a unified access and circulation
system in accordance with this section.
(c)
The property owner enters a written agreement with the Township,
to be filed of record with the Recorder of Deeds of Westmoreland County,
that preexisting connections on the site will be closed and eliminated
after construction of each side of the joint-use driveway.
(8)
The Township may modify or waive the requirements for "joint and
cross access" set forth herein where the characteristics or layout
of abutting properties would make development of a unified or shared
access and circulation system impractical.
(9)
Modification of the general standards for driveway length or "throat
length" as established in Appendix A, Figure 4,[5] shall be permitted for good cause upon approval of the
Township.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
(10)
The frontage requirements established herein may be waived where
access is internalized using the shared circulation system of the
principal development or retail center.
A.
Creation of districts. In order to protect against hazards to air navigation, there are hereby created and established certain Airport Zoning Districts (AZDs) which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Arnold Palmer Regional Airport. Such zones are visually depicted on the Height Limitation and Zoning District Map prepared January 2008 which is attached to this chapter, made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The Airport Zoning Districts are:
(1)
AZD-1: Primary Surface Zoning District.
(2)
AZD-2: Utility Runway Visual Approach Zoning District.
(3)
AZD-3: Runway Larger than Utility with a visibility minimum as low
as 3/4 mile Non-Precision Instrument Approach Zone (Runway 05).
(4)
AZD-4: Precision Instrument Runway Approach Zone (Runway 23).
(5)
AZD-5: Transitional Zoning District (adjacent to approach zoning
districts).
(6)
AZD-6: Horizontal Zoning District.
(7)
AZD-7: Conical Zoning District.
[1]
Editor's Note: The Height Limitation and Zoning District Map
is on file in the Township offices.
B.
Height limitations. In all Airport Zoning Districts, no permit shall
be required for any tree or structure less than 75 feet of vertical
height above the ground, except when, because of terrain, land contour
or topography's features, such tree or structure would extend above
the height limits prescribed for such zones. Such height limitations
are as follows:
(1)
AZD-1: Appropriate runway type and dimension for the width of the
primary surface is set forth in Federal Aviation Regulation Part 77,
Objects Affecting Navigable Airspace, Dimensional Standards Table,
Page 19, January 1975.
(2)
AZD-2: Slopes 20 feet outward for each foot outward beginning at
the end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(3)
AZD-3: Slopes 34 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 10,000 feet along the extended runway
center line.
(4)
AZD-4: Slopes 50 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 10,000 feet along the extended runway
center line, thence slopes upward 40 feet horizontally for each foot
vertically to an additional horizontal distance of 40,000 feet along
the extended runway line.
(5)
AZD-5: Slopes seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the primary surface and
the approach surface and extending to a height of 150 feet above the
airport elevation, which is 1,161 feet above mean sea level.
(6)
AZD-6: Either 150 feet above the airport elevation or 1,311 feet
above mean sea level.
(7)
AZD-7: 1,511 feet above sea level.
C.
Electrical interference and glare. Notwithstanding any other provisions
of this chapter, no use may be made of land or water within any zone
established by this chapter in such a manner as to create electrical
interference with the navigational signals or radio communication
between the airport and aircraft; no lighting or sign shall be erected
which might make it difficult for pilots to distinguish between airport
lights and others or result in glare in the eyes of pilots using the
airport; no use or structure shall create bird strike hazards or otherwise
in any way endanger or interfere with the landing, takeoff or maneuvering
of aircraft intending to use the airport.
D.
Lights and marker on nonconforming structures. The owner of any nonconforming
use or structure in an Airport Zoning District is hereby required
to permit the installation, operation and maintenance of such markers
and lights as shall be deemed necessary by the airport manager to
indicate to the operators of aircraft in the vicinity of the airport
the presence of such airport obstruction. Such markers and lights
shall be installed, operated and maintained at the expense of the
Westmoreland County Airport Authority.
E.
Airport overlay district permits. In any Airport Zoning District,
no permit shall be required for any tree or structure less than 75
feet of vertical height above the ground, except when terrain, land
contour or topographic features would cause such tree or structure
to extend above the height limits prescribed for such zones.
F.
Existing uses. A permit shall be obtained before any existing use
or structure may be substantially changed, but no permit shall be
required to make maintenance repairs to or to replace parts of existing
structures which do not enlarge or increase the height of the structure.
G.
Variances. Any person desiring to increase the height of any existing
or proposed structure or permit the growth of any object of natural
growth or otherwise use his property in violation of this section
shall apply to the Hearing Board for a variance.
H.
Hazard marking and lighting. Any permit granted under the provisions
of this section may be conditioned upon the installation of hazard
markers and lighting as may be required by guidelines or regulations
adopted by the Federal Aviation Administration of the United States.
I.
Communications antennas. In Airport Overlay Districts, the following
new uses by right are inserted: communications antennas mounted on
an existing public utility transmission tower, building or other structure,
including existing communications towers, and communications equipment
buildings.
A.
Nonresidential developments. In addition to all other applicable provisions of Chapter 118, Zoning, and this chapter, the following provisions shall apply to nonresidential land developments with frontage on State Route 30 in the Township.
B.
Building orientation and design:
(1)
Orientation. Any individual building developed on a lot shall be
oriented to face State Route 30. For buildings developed as part of
a multi-building development, orientation of some buildings may face
a central plaza or parking area, provided that any wall facing the
principal roadway shall meet all design standards specified below.
(2)
Building materials. Every portion of any exposed exterior wall surface
shall be composed of durable materials such as brick, stone, decorative
split-face block, marble, glass or wood. Concrete block and corrugated
metal shall be prohibited. The Board of Supervisors may approve alternative
materials only if such materials are determined to be equal or superior
to the materials described above.
(3)
Building design:
(a)
Building design shall complement surrounding buildings and reflect
the character of the zoning district in which the building is located.
The suitability of materials, architectural elements, features, and
colors shall be determined in consultation with the Township.
(b)
Buildings in multiple-building developments shall possess common
design characteristics including, but not limited to, consistent rooflines,
use of compatible proportions in building mass and outdoor spaces,
complementary relationships to the street, similar window and door
patterns, and the use of similar building materials in terms of color,
shades and textures.
(c)
No wall surface shall exceed 50 continuous feet without a break.
A break shall consist of either (1) a recess or offset measuring at
least 10 feet in depth or one-quarter of the building in length or
(2) a series of recesses or offsets, at intervals of not more than
30 feet, each measuring a minimum of four feet in depth. The objective
of this standard is to avoid large, undifferentiated wall surfaces.
(d)
Buildings over 30 feet in height shall include architectural
features that mimic two story structures, such as windows, cornices
or similar components. Buildings with flat roofs shall have mansard
roof facades or gabled roofs over the required offset areas.
C.
Buffering and landscaping.
(1)
Any development within the Corridor Enhancement Overlay shall meet the requirements for landscaping set forth in Chapter 118, Zoning, and this chapter.
(2)
In addition, any development shall comply with the following requirements:
(a)
All areas not utilized for structures, driveways, planting strips
or parking facilities must be seeded, sodded or landscaped within
a reasonable period of time. The phrase "a reasonable period of time"
shall be interpreted to be within two weeks after construction activities
are completed, unless those activities are completed between November
1 through April 1. In such case, the required sodding or seeding must
occur within two weeks of April 1.
(b)
A buffer-yard shall be created within the front setback measuring 25 feet in depth from the edge of the paved surface. Such buffer-yard shall create a visual screen between the road and the development. Plantings shall be consistent with those provided in Subsection C(2)(d) below and Chapter 118, Zoning.
(c)
Any nonresidential development in the Corridor Enhancement Overlay
District abutting a residential property shall install a fifty-foot
wide buffer-yard extending the full length of the abutting residential
property line.
(d)
Within any such required bufferyard, the following plantings
shall be required: for every 100 linear feet, a minimum of five large
canopy trees, six understory or small canopy trees, 12 evergreen trees
and 30 evergreen shrubs.
(3)
Existing vegetation. Developments shall be encouraged to preserve
trees and shrubs which exist within the required buffer-yard area
of the development parcel. Existing trees and shrubs may be utilized
to satisfy the required buffer area planting required herein; provided,
however, that the performance standards regarding height and mix of
types of plantings are met. In the event the existing trees and shrubs
do not satisfy the buffer requirements, the applicant shall use new
plantings in combination with the existing plantings to satisfy the
buffer requirements.
(4)
No structures or uses, including, but not limited to, buildings,
accessory structures, parking spaces, curbs, access drives and lighting
devices, may be located in any required bufferyard. No fences or screening
walls shall be located facing Route 30, unless they are attached to
the principle structure, be parallel to the front of the principle
structure, do not encroach into any required setback and are used
to define an outdoor sales area accessory to the use of the attached
structure.
A.
Purpose. To ensure compliance with the provisions of this section,
all new construction or development incorporating an increase in the
intensity or size of an existing use, or a change of use from a residential
to a commercial, other than a home occupation, within the Village
Commercial Overlay District shall be subject to conditional use approval
and site plan review in accordance with the provisions of this chapter.
Any exterior change to an existing building not incorporating an increase
in the size or intensity of the use or a change in use may be approved
administratively through the Unity Township Planning/Zoning Office.
B.
Permitted uses subject to land development approval. Uses in this district may be permitted as conditional uses after making application according to the provisions of this chapter and Chapter 118, Zoning. Uses subject to land development must:
(1)
Be complimentary to the spirit and purpose of the Village Overlay
District;
(2)
Be compatible with existing uses in the area;
(3)
Not interfere with the orderly development of the area;
(4)
Not be detrimental to the safety and convenience of vehicular and
pedestrian traffic;
(5)
Not be injurious to the Overlay District and its environs;
(6)
Be served adequately by essential public facilities and services;
(7)
Be consistent in assuring that the public health, safety, and welfare
will be maintained;
(8)
Be in compliance with Township, county, state, and federal laws,
ordinances, rules and regulations.
C.
Conditional uses. Applicants for development within the Village Commercial
Overlay District may seek site plan approval and conditional use approval
in a single proceeding. If such approval is sought, the applicant
shall submit a site plan consistent with this chapter along with its
application for conditional use approval. The Planning Commission
and Board of Supervisors shall thereafter review and dispose of both
requests concurrently. The mixing of residential uses with office
and/or commercial uses is encouraged within the Commercial Village
Overlay District. On any parcel within the Overlay District, the mixing
of residential and nonresidential uses may be permitted by the Board
of Supervisors as a conditional use subject to the following:
(1)
All residential components of a mixed use project shall be located
either above at least one story of a nonresidential use or to the
rear of a nonresidential use building.
(2)
Residential uses shall not be permitted on the ground floor unless
they are located behind a nonresidential use.
(3)
Required off-street parking shall be computed separately for each
of the uses incorporated into the mixed use project.
(4)
The primary public customer entrance to the nonresidential component
of a mixed use development shall be oriented toward a street and shall
provide direct pedestrian access to the street right-of-way or parking
lot.
D.
Site and architectural design standards.
(1)
Screening. Screening shall not be generally required within the Village
Overlay District, except when a nonresidential use or mixed use development
is established adjacent to a residentially zoned or used property
located outside of the Village Overlay District boundaries. Where
required, a screen not less than six feet in height shall be erected
along the common lot line. Screening treatments shall be subject to
the review and approval by the Township.
(2)
Landscaping. For lots not developed to 100% lot coverage within the
Overlay District, site landscaping shall be designed in accordance
with the following requirements:
(a)
All permanently undeveloped portions of the site shall be planted
with grass, ground cover, shrubbery, or other suitable live plant
material, which shall extend to any developed pavement edge. Existing
plant material on the property may be used.
(b)
Foundation plantings are encouraged along the front or sides
of any building which faces a public or private road, or is adjacent
to a parking lot or other area which provides access to the building
by the general public. Foundation planting areas should be integrated
into any existing sidewalk system between the front or sides of the
building and the parking area (and/or associated driveways) adjacent
to the building.
(c)
Landscaping within the Village Overlay District shall be maintained
in a healthy, neat, and orderly appearance, free from refuse and debris.
All unhealthy and dead plant material shall be replaced immediately
unless the season is not appropriate for planting, in which case such
plant material shall be replaced at the beginning of the next planting
season. All constructed or manufactured landscape elements, including,
but not limited to, benches, retaining walls, edging, and similar
structures, shall be maintained in good condition and neat appearance.
Rotted, deteriorated, dead, or damaged landscape elements shall be
repaired or replaced.
(3)
Lighting. All exterior lighting within the Overlay District shall
comply with the following requirements:
(a)
Exterior lighting shall be designed to reflect the architectural
character of the area and shall comply with a coordinated lighting
system, if one is designed for the Village Overlay District.
(b)
Exterior lighting which is provided for parking and access areas,
and for customer, occupant, or employee entrance areas, shall be arranged
to reflect away from any adjoining residential properties located
outside or within the Village Overlay District boundaries.
(c)
Ground mounted lighting shall have a maximum height of 20 feet.
(d)
Building mounted lighting shall not project more than 12 inches
into the public right-of-way and shall be placed a minimum of eight
feet above grade.
(e)
Building or roof mounted lighting intended to attract attention
to the building and/or use, and not strictly designed for security
purposes, shall not be permitted.
(f)
Temporary holiday lighting and decorations are permitted for
a period not to exceed 45 days.
A.
Purpose. The creation of a Planned Residential Development is the creation of a separate and distinct zoning classification for the property for which treatment as a Planned Residential Development is sought and is designed to regulate the density or intensity of land use otherwise applicable to the land under the provisions of Chapter 118, Zoning, and this chapter. Planned Residential Developments may be allowed or denied by the Board of Supervisors after recommendation by the Planning Commission in accordance with the procedures set forth below.
B.
Findings of fact. A development plan for a Planned Residential Development
shall be approved if and only if it is found to meet the following
criteria:
(1)
Comprehensive Plan. The proposed development plan preserves the community
development objectives of this chapter and is consistent with the
Comprehensive Plan.
(2)
Exceptions. Where the proposed development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
any departure must be shown by the owner and/or developer to be in
the public interest and promote the health, safety and general welfare
of the public. Although the Board of Supervisors, following the procedures
set forth in this chapter hereafter, may alter the density and other
development regulations for the property by approving same as a Planned
Residential Development, no such exception shall be made from the
minimum acreage requirement for same. The formation of a Planned Residential
Development is intended to create a separate and distinct community
containing a mixture of uses and development intensities. Any Planned
Residential Development containing less than the minimum required
acreage is not deemed to serve, and is inconsistent with, the overall
intent and purpose of the establishment of this zoning classification.
(3)
Open space. The proposals for the maintenance and conservation of
any proposed common open space are reliable and the amount and extent
of improvements of such open space is adequate with respect to the
purpose, use and type of development proposed.
(4)
Infrastructure. The physical design of the proposed development plan
adequately provides for public services, pedestrian and vehicle traffic
facilities and parking, light, air, recreation and visual enjoyment.
(5)
Neighborhood. The total environment of the proposed development plan
is harmonious and consistent with the neighborhood in which it is
located and that the long term development of any unused portion of
the land owned or controlled by the developer will be harmonious and
consistent with the portion of the land proposed for approval.
(6)
Environment. The proposed development plan will afford a greater
degree of protection of natural watercourses, topsoil, trees and other
features of the natural environment and prevention of erosion, landslides,
siltation and flooding than if subject property were developed in
accordance with the provisions of the zoning and subdivision ordinances
which otherwise apply.
(7)
Safety. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any property or persons and shall comply with the performance standards of this chapter, Chapter 118, Zoning, and all other applicable local ordinances, municipal rules or regulations, state and/or federal laws or other administrative agency requirements.
(8)
Timing. In the case of a development plan which proposes development
over a period of years, the development plan will provide at each
stage of development a sufficient proportion of open space, planned
facilities and amenities and other improvements and conditions as
required in this article and as intended to protect the interests
of the public and of the residents of the Planned Residential Development
in the integrity of the development plan.
C.
Required standards. Planned Residential Developments may be approved
under the provisions of this chapter if, and only if, they comply
with the following standards and provisions:
(1)
Ownership. The entire site for the Planned Residential Development
shall be owned or controlled by the developer.
(2)
Minimum size. The site shall not be less than 10 acres in the R-1
or R-2 District.
[Amended 5-11-2017 by Ord. No. O-5-2017]
(3)
Frontage. The minimum frontage abutting on a public right-of-way
shall not be less than 200 feet.
(4)
Access. The site must provide for access from existing or proposed
roads which are adequate to assure convenient and safe access which
will not cause undue congestion or hazard on local streets.
(5)
Safety. The site shall be of such a character so as to avoid danger
to health or peril from fire, flood or other hazard. Land containing
or providing hazards to life, health and property, such as quarries,
open ditches, land subject to flooding, subsidence, landslide-prone
or underground fires shall not be subdivided for residential purposes
until such hazards have been eliminated or adequate safeguards are
provided under the development plan.
(6)
Permitted uses. A Planned Residential Development shall include a
combination of not less than two different types of residential uses,
such as dwelling units in single-family detached, semidetached, townhouses,
two-family residential facilities, three and four unit facilities,
garden apartments, apartments or any combination thereof, as permitted
and approved by the Township. Provided, however, that garden apartments,
apartments or any combination thereof, shall not be permitted in any
R-1 Zone. To the extent they are designed and intended to serve the
residents of the Planned Residential Development, accessory and ancillary
commercial recreational and institutional uses and buildings, such
as clubhouses, pools and pool houses, may be permitted at the sole
discretion of the Board of Supervisors.
[Amended 5-11-2017 by Ord. No. O-5-2017]
D.
Underlying zoning. Planned Residential Developments shall only be
permitted in those Zoning Districts where they appear as conditional
uses.
E.
Permitted density. The following density requirements shall apply
to all PRDs:
(1)
Gross density. The maximum allowable average gross residential density
for Planned Residential Developments shall be not greater than four
dwelling units per acre of land, No more ancillary commercial development
shall be allowed than expert market analysis shows, to the satisfaction
of the Township, will be needed to serve the resident population of
the Planned Residential Development and any established residential
developments within a one-half-mile radius of the Planned Residential
Development. In calculating area for density purposes, any portion
of the Planned Residential Development having a slope greater than
40% shall be subtracted from the total area, and 1/2 of any areas
having a slope of 25% or more up to 40% shall be subtracted from the
available area. For such calculations, the slope shall be measured
between contours having vertical intervals no greater than 20 feet.
(2)
Open space requirements. Not less than 35% of the site area shall
be set aside for open space, and not less than 50% of such open space
shall be developed for recreational purposes to a degree commensurate
with its location and probable usage. Any portion of the Planned Residential
Development having a slope greater than 25% or more shall be subtracted
from the area calculated as available for common open space. For such
calculation, the slope shall be measured between contours having vertical
intervals no greater than 20 feet. The common open space shall be
so dedicated or otherwise preserved and maintained so as to always
remain open and available for use by the occupants of the Planned
Residential Development. The common open space, including all improvements
and facilities, shall be either:
(a)
Dedicated for public use to a public body which agrees to operate
and maintain the dedicated land and facilities, but no public body
is obliged by this chapter to accept such dedication; or
(b)
Deeded to an organization representing the property owners of
the development, which shall covenant to operate and maintain such
land and facilities. Such organization may not be dissolved nor dispose
of the common open space unless the maintenance of the common open
space is otherwise guaranteed to the satisfaction of the Board of
Supervisors.
(3)
Common open space maintenance responsibilities.
(a)
If the organization established to own and maintain common open
space or any successor organization fails to maintain such common
open space in reasonable order and condition in accordance with the
development plan, the Township may serve written notice upon such
organization or upon the residents of the Planned Residential Development,
setting forth the maintenance deficiencies, requiring correction of
deficiencies within 30 days and stating the date and place of a hearing
thereon which shall be held within 14 days of the notice. At such
hearing, the Township may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies so set forth shall not
be corrected within the specified time limit, the Township, in order
to preserve the taxable values of the properties within the Planned
Residential Development and to prevent the common open space from
becoming a public nuisance, may enter upon and maintain the common
open space for one year. This maintenance shall not constitute a taking
nor vest in the public any rights to use the common open space. Before
the expiration of the year, the Board of Supervisors shall set a public
hearing where such organization or residents of the Planned Residential
Development may show cause why maintenance by the Township should
not continue for any other year. If the Board of Supervisors determines
that such organization is ready and able to maintain said common open
space in reasonable condition, the Township shall cease to maintain
said Common open space at the end of said year. If the Board of Supervisors
shall determine that such organization is not ready and able to maintain
said common open space in a reasonable condition, the Township may,
in its discretion, continue to maintain said common open space during
the next succeeding year and, subject to a similar hearing and determination,
in each year thereafter.
(b)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the Planned Residential Development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file with the county a notice of lien upon properties affected. The Township may enforce or collect any amounts subject to such lien in any manner prescribed by law, this chapter or Chapter 118, Zoning.
(4)
Minimum building setback. No structure shall be located closer to
any boundary of the site than 40 feet. Any structure exceeding 35
feet in height shall be set back one additional foot for every two
feet of height exceeding 35 feet.
(5)
Building spacing. The requirements determining the spacing of buildings
shall be as flexible as possible so as to encourage imaginative site
design. The spaces between buildings shall guarantee adequate light,
air and emergency access. The minimum distance between the nearest
points of any exterior building walls shall not be less than 20 feet.
(6)
Maximum size of structure. No structure shall have a maximum dimension
(i.e., a front, side or rear wall) greater than 250 feet. No townhouse
shall have a height greater than three stories or 35 feet. No apartment
shall have a height greater than three habitable stories or 35 feet.
Chimneys, spires, towers, tanks or similar projections may exceed
the prescribed height limitation by not more than 25%.
(7)
Building groupings. Structures used for dwelling units shall be oriented
so as to ensure adequate light and air exposures for walls containing
main window exposures or main entrances. Each structure shall be so
arranged so as to avoid undue exposure to concentrated loading or
parking facilities.
(8)
Staging development. The density of development within various portions
of the Planned Residential Development may vary, provided that each
such area or portion of the development plan meets all requirements
of this chapter. It is further required that programs for the construction
of areas of greater density concentration than permitted on the entire
tract will be offset by site improvements which, because of their
size or cost, are in proportion to the number of dwelling units to
be constructed in each stage. As an alternative to part or all of
the site improvements required to offset development densities in
excess of the overall permitted density, the Township may require
the reservation of open space by grant, easement or covenant in favor
of the Township in an amount and location necessary to balance the
excess development density of each stage.
F.
Required improvements. The following improvements shall be completed
in connection with every Planned Residential Development.
(1)
Off-street parking spaces shall be provided in accordance with the provisions of Chapter 118, Zoning, for each proposed use, building or structure.
(2)
Areas should be provided for bus loading areas and bus shelters within
1/4 mile of each residential concentration. The bus loading area shall
be large enough for a bus to pull out of the flow of traffic.
(3)
Where streetlights are provided, the cost of installation, operation
and maintenance shall be borne by the homeowners, the homeowners'
association or by such other person who is responsible for the maintenance
and upkeep of the Planned Residential Development.
(4)
Proposed streets shall be related to street plans or parts thereof
as have been officially adopted by the Board of Supervisors. Proposed
streets shall conform to the requirements herein as well and as to
any other plan, statute, ordinance, law or regulation applicable thereto.
Streets shall be logically related to the topography in order that
usable lots and reasonable grades shall be produced. Minor streets
shall be so laid out as to discourage through traffic, but provisions
will be required for street connections into and from adjacent areas.
(5)
Where a Planned Residential Development abuts or contains an existing
or proposed major traffic street, the Board of Supervisors may require
marginal access streets, rear service alleys, reverse frontage lots
or such other treatment as will provide protection for abutting properties,
reduction in the number of intersections with major streets and separation
of local and through traffic.
(6)
Suitable drainage structures, culverts, storm sewers, ditches and
related installations shall be provided to ensure adequate drainage
of all points along the streets.
(7)
Concrete monuments shall be set at the intersection of all lines
forming angles in the boundary of the Planned Residential Development.
Iron or steel markers shall be set at the beginning and ending of
all curves along street property lines, at all points where lot lines
intersect curves, either front or rear and at all angles and property
lines of lots and at all other lot corners.
(8)
Pedestrian interior walks may be required where necessary to assist
circulation or provide access to community facilities. Such interior
walks shall have a paved width of not less than five feet and comply
with the provisions of the Americans With Disabilities Act, as amended
and existing at the time any application is finally approved by the
Township.
(9)
When topsoil has been removed from the surface on a slope where erosion
may cause a displacement of loose material, the area shall be seeded
or otherwise treated as soon as possible to prevent damage to adjacent
property or streets.
(10)
All utilities located within a planned development shall be
located underground.
(11)
Financial security to ensure satisfactory completion of required
improvements and maintenance, inspection procedures and acceptance
of any public rights-of-way shall conform to the requirements of this
chapter.
(12)
If water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the planned
development the developer shall present evidence to the Board of Supervisors
that the planned development is to be supplied by a certificated public
utility, a bona fide cooperative association of lot owners or by a
municipal corporation, authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate shall be acceptable evidence.
G.
Guaranty of improvements. No permit may be issued for any construction
of any home or structure within a PRD, unless all improvements required
by the Township have been installed in accordance with Township specifications
or unless Financial Security in the form of a bond, a letter of credit
or deposit of funds or securities in escrow, acceptable to the Board
of Supervisors, ensuring that the improvements will subsequently be
installed by the developer is posted in an amount sufficient to cover
the cost of the improvements which may be required plus 10%. Such
bond or other security shall provide for and secure to the public
the completion of all declared improvements within a period of one
year from the date of final approval of the plan. Such guaranty of
improvements shall comply with Section 509 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10509.
A.
Requirements. Planned Group Units shall contain those same required improvements as set forth in § 104-24F for Planned Residential Developments. In addition, Planned Group Units may be approved under the provisions of this chapter as a Conditional Use following the procedures and requirements for Planned Residential Developments if, and only if, they comply with the following standards and provisions:
(1)
Ownership. The entire site for the Planned Group Units shall be owned
or controlled by the developer.
(2)
Minimum size. The site shall not be less than three acres.
(3)
Frontage. The minimum frontage abutting on a public right-of-way
shall not be less than 200 feet.
(4)
Access. The site must provide for access from arterial streets indicated
in the Comprehensive Plan to assure convenient and safe access which
will not cause undue congestion or hazard on local streets.
(5)
Safety. The site shall be so developed as to avoid danger to health
or peril from fire, flood or other hazard. Land containing or providing
hazards to life, health and property, such as quarries, open ditches,
land subject to flooding, subsidence or underground fires shall not
be developed for commercial purposes until such hazards have been
eliminated or adequate safeguards are provided under the development
plan.
(6)
Permitted uses. Permitted uses and conditional uses as specified
in the Table of Permitted Uses, Conditional Uses, Uses by Special
Exception, for the zoning district in which a proposed Planned Group
Unit is to be located may be permitted in the Planned Group Unit,
provided that their design, arrangement, landscaping, construction
and relationship to adjacent properties and uses meet all requirements
set forth in this chapter.
(7)
Yards and open spaces. The front, side and rear yards shall not be
less than the minimum requirements of the district in which the Planned
Group Unit is located. Not less than 15% of the total site area shall
be set aside for open space, and such open space shall be landscaped
in a manner consistent with the provisions of this chapter and suitable
for the uses intended for the development.
(8)
Building spacing. The requirements determining the spacing of buildings
shall be flexible so as to encourage imaginative site design. The
spaces between buildings shall guarantee adequate light, air and emergency
access. The minimum distance between the nearest points of any exterior
building walls shall be not less than 50 feet.
(9)
Building groupings. Structures shall be oriented so as to ensure
adequate light and air exposure for walls containing main window exposures
or main entrances. Each structure shall be so arranged so as to avoid
undue exposure to concentrated loading or parking facilities.
(10)
Off-street parking and loading. Off-street parking spaces shall be provided in accordance with the provisions of Chapter 118, Zoning. Off-street loading berths shall be provided at a rate of one for each 20,000 square feet of gross floor area or fractional portion thereof, for the first 100,000 square feet of gross floor area. Each commercial enterprise located on the first floor of any Planned Group Unit shall have a separate and distinct parking/loading facility, the size and location of which shall be subject to approval by the Board of Supervisors. Additional berths may be required by the Board of Supervisors.
B.
Planned institutional groups.
[Added 5-11-2017 by Ord.
No. O-5-2017]
(1)
Requirements. A Planned Institutional Group may be approved under the provisions of this chapter as a Conditional Use in the Institutional Zoning District following the procedures and requirements for Conditional Use and Land Development Plan approval under Chapter 118, Zoning, and this chapter, if, and only if, they comply with the following standards and provisions:
(a)
Ownership. The entire site for the Planned Institutional Group
shall be owned or controlled by the developer and/or owner.
(b)
Minimum size. The site shall not be less than 10 acres.
(c)
Frontage. The minimum frontage abutting on a public right-of-way
shall not be less than 200 feet.
(d)
Access. The site must provide for access from arterial streets
indicated in the Comprehensive Plan to assure convenient and safe
access which will not cause undue congestion or hazard on local streets.
(e)
Safety. The site shall be so developed as to avoid danger to
health or peril from fire, flood or other hazard. Land containing
or providing hazards to life, health and property, such as quarries,
open ditches, land subject to flooding, subsidence or underground
fires shall not be developed for commercial purposes until such hazards
have been eliminated or adequate safeguards are provided under the
development plan.
(f)
Permitted uses. Permitted uses and conditional uses as specified
in the Table of Permitted Uses, Conditional Uses, Uses by Special
Exception, for the zoning district in which a Proposed Institutional
Group unit is to be located may be permitted in the Planned Institutional
Group, provided that their design, arrangement, landscaping, construction
and relationship to adjacent properties and uses meet all requirements
set forth in this chapter.
(g)
Yards and open spaces. The front, side and rear yards shall
not be less than the minimum requirements of the district in which
the Planned Group Unit is located. Not less than 15% of the total
site area shall be set aside for open space, and such open space shall
be landscaped in a manner consistent with the provisions of this chapter
and suitable for the uses intended for the development.
(h)
Building spacing. The requirements determining the spacing of
buildings shall be flexible so as to encourage imaginative site design.
The spaces between buildings shall guarantee adequate light, air and
emergency access. The minimum distance between the nearest points
of any exterior building walls shall be not less than 50 feet.
(i)
Building groupings. Structures shall be oriented so as to ensure
adequate light and air exposure for walls containing main window exposures
or main entrances. Each structure shall be so arranged so as to avoid
undue exposure to concentrated loading or parking facilities.
(j)
Off-street parking and loading. Off-street parking spaces shall be provided in accordance with the provisions of Chapter 118, Zoning. Off-street loading berths shall be provided at a rate of one for each 20,000 square feet of gross floor area or fractional portion thereof, for the first 100,000 square feet of gross floor area. Any commercial enterprise located on the first floor of any building in a Planned Institutional Group shall have a separate and distinct parking/loading facility, the size and location of which shall be subject to approval by the Board of Supervisors. Additional berths may be required by the Board of Supervisors.
(k)
Existing institutional groups. Any lawfully existing facility which meets the requirements of a Planned Institutional Group may have their current facilities approved by the Township without further hearing or proceedings as a Planned Institutional Group by (i) submitting a plan in recordable form to the Township which provides a perimeter boundary of its property and identifies all existing facilities; and (ii) requesting approval of all existing facilities and areas as a Planned Institutional Group. Following receipt of approval by the Township, any modifications or additions within the approved PIG area shall only require Land Development Plan approval. However, to the extent the owner/developer intends to add new or additional land to the approved PIG, or the owner/developer intends to expand its PIG to lands not included in the existing approved area, the owner/developer shall follow the procedures for conditional use and land development plan approval prescribed in Chapter 118, Zoning, and this chapter.
A.
Development standards. All manufactured home parks shall be designed,
laid out, constructed and maintained in accordance with the following
regulations, terms and provisions:
(1)
Environmental and use standards. The site of any manufactured home
park shall:
(a)
Be free from adverse influence by swamps, marshes, garbage or
rubbish disposal areas or other potential breeding places for insects
or rodents.
(b)
Not be located in a floodplain or otherwise be subject to flooding.
(c)
Not be subject to any hazard or nuisance, such as excessive
noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
(d)
Be graded and equipped to drain all surface water in a safe,
efficient manner.
(e)
Be graded and maintained so that surface water collectors and/or
other bodies of standing water capable of breeding mosquitoes and
other insects are eliminated or controlled in a manner approved by
the Pennsylvania Department of Health.
(f)
Be constructed so that no wastewater from any plumbing fixture
or sanitary sewer line is deposited upon the ground surface in any
part of a mobile home park.
(g)
Be constructed so that exposed ground surfaces in all parts
are paved or covered with stone screenings or other solid material,
or protected with a vegetative growth that is capable of preventing
soil erosion and the emanation of dust during dry weather.
(h)
Be maintained free of vegetative growth which is poisonous or
which may harbor rodents, insects or other pests harmful to man.
(i)
Not be used for nonresidential purposes, except such uses that
are required for the direct servicing and well-being of park residents
and for the management and maintenance of the park.
(2)
Area and separation requirements.
(a)
All manufactured homes shall be located at least 75 feet from
the edge of the paved surface of any public street or highway and
at least 15 feet from other park property boundary lines.
(b)
A minimum distance of 15 feet shall be maintained between each
manufactured home, or any accessory structures attached thereto, and
the adjoining pavement of a street, access way or common parking area
or other common areas and structures within the park.
(c)
All manufactured home parks shall provide screening, such as
fences, or natural growth along the entire property boundary line
to visually insulate the park from adjacent uses.
(d)
Manufactured homes shall be separated from each other and from
other buildings and structures by at least 15 feet on all sides.
(e)
Any attached accessory structure or feature, including a pull-out
or extension or deck, shall be considered a part of the manufactured
home for purposes of the open space and separation requirements set
forth herein. No detached accessory structures shall be permitted
unless their size and locations are approved by the Township as part
of the required site plan approval.
(f)
Any manufactured home park shall have an average gross area
per manufactured home stand of not less than 7,500 square feet per
manufactured home.
(g)
A manufactured home park shall have a gross area of not less
than 15 acres.
(h)
Not less than 15% of the manufactured home park shall be set
aside and utilized as common open space or for service or recreational
buildings. Any portion of the property having a grade in excess of
25% shall not be used for common open space or such buildings. The
location and construction of all common open space and/or service
or recreational buildings shall be approved by the Township.
(i)
Any hitch or other support or towing structure permitted to
remain on a manufactured home after it is installed shall be considered
as a part of the manufactured home for purposes of calculating separation
and open space requirements under this section.
(3)
Access, street and parking requirements:
(a)
A safe and convenient vehicular access to the manufactured home
park shall be provided from abutting public streets or roads.
(b)
Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, at a minimum, shall meet the requirements of Chapter 100, Streets and Sidewalks, of the Code of Unity Township.
(c)
All parks shall be constructed with lighting units, spaced and
installed at such mounting heights, to provide sufficient levels of
illumination for the safe movement of pedestrians and vehicles at
night.
(d)
Streets shall be graded to ensure adequate surface drainage;
provided, however, that no street shall have a grade in excess of
8%. Short runs with maximum grade of 12% may be approved by the Township,
provided traffic safety is assured by appropriate surfacing, adequate
leveling areas and avoidance of lateral curves.
(e)
Street intersections shall be at right angles when possible.
A distance of at least 150 feet shall be maintained between center
lines of offset intersecting streets. Intersections of more than two
streets at one point are to be avoided.
(f)
Off-street parking areas shall be provided in all manufactured
home parks for the use of park occupants and guests at the minimum
ratio of 2.0 per manufactured home stand.
(g)
Required car parking spaces shall be located to provide convenient
access to the manufactured home, but shall not be in excess of 200
feet from the manufactured home they are intended to serve.
(h)
All parks shall provide safe, convenient, all-season pedestrian
access between individual manufactured homes, the park streets and
all community facilities provided for park residents. Sudden changes
in alignment and gradient must be avoided.
(i)
Where a common walk system is provided and maintained between
locations, and where pedestrian traffic is concentrated, common walks
shall have a minimum width of five feet.
(j)
All manufactured home stands shall be connected to common walks
or to streets, or to driveways or parking spaces connecting to a paved
street. Individual walks shall have a minimum width of 3 1/2
feet.
(k)
Manufactured home stands shall be placed to permit a minimum
of 15 feet between the manufactured home and the adjoining pavement
of a park street or common parking area or other common areas and
structures.
(4)
Construction of manufactured homes, manufactured home stands, utility
supplies and garbage areas.
(a)
All manufactured homes shall be certified under and comply with
the terms and provisions of the Pennsylvania Uniform Construction
Code in effect at the time the manufactured home is placed upon or
otherwise affixed to a manufactured home stand.
(b)
The construction of any manufactured home stand shall comply
with the requirements of the Pennsylvania Uniform Construction Code
in effect at the time of construction.
(c)
All manufactured home parks shall be serviced by an adequate
water distribution and sewage treatment system sufficient to fulfill
the needs of all occupants of the park. Such distribution facilities
shall be fit and sufficient for distribution of sewage from manufactured
homes, service buildings and other accessory facilities. Individual
water wells and/or individual sewage systems designed to service a
single manufactured home or manufactured home stand are not permitted.
(d)
All manufactured home parks shall be serviced by an adequate
electrical supply and, where practical and available, an adequate
gas supply sufficient to fulfill the needs of all occupants of the
park.
(e)
All outdoor utility connections to a manufactured home and/or
a manufactured home stand, including, but not limited to all water,
sewage, electrical, natural gas, propane, oil or other heating supply,
shall be designed, constructed, made and maintained in conformance
with the requirements of the Pennsylvania Uniform Construction Code
in effect at the time of construction.
(f)
Each manufactured home park shall provide facilities for the
storage, collection and disposal of refuse to prevent health hazards,
rodent harborage, insect breeding areas, accident or fire hazards
or air pollution. Such facilities shall comply with the Pennsylvania
Department of Health and Unity Township regulations relating to same.
(g)
All grounds, buildings and structures shall be maintained free
of high grass, weeds, insect and rodent harborage and infestation.
Extermination methods and other measures to control insects and rodents
shall comply with the requirements of the Pennsylvania Department
of Health regulations governing manufactured home parks and any local
Ordinances regulating same.
(5)
Service buildings and other community facilities.
(a)
The requirements of this section shall apply to service buildings,
recreation buildings and other community service facilities when constructed.
Such facilities may include, but shall not be limited to:
(b)
All portions of the structure shall be properly protected from
damage by ordinary uses and by decay, corrosion, termites and other
destructive elements. Exterior portions shall be constructed to prevent
entrance or penetration of moisture and weather. Where required, construction
shall comply with the provisions of the Pennsylvania Uniform Construction
Code.
(c)
All rooms containing laundry facilities shall:
[1]
Have sound-resistant walls extending to the ceiling between
male and female sanitary facilities. Walls and partitions in lavatories
and other plumbing fixtures shall be constructed of dense, nonabsorbent,
waterproof material or covered with moisture-resistant materials.
[2]
Have at least one window or skylight facing directly to the
outdoors. The minimum aggregate gross area of windows for each required
room shall be not less than 10% of the floor area served.
[3]
Have at least one window which can be easily opened or a mechanical
device which will adequately ventilate the room.
[4]
Shall have toilets located in separate compartments equipped
with self-closing doors.
(6)
Fire protection and fire hydrants.
(a)
Mobile home park areas shall be kept free of litter, rubbish
and other flammable materials.
(b)
Portable fire extinguishers of a type approved by the Township
shall be kept in public service buildings under park control.
(c)
Fire hydrants shall be installed in accordance with the provisions
of the Pennsylvania Uniform Construction Code.
(d)
The water source for the park shall have flow sufficient to
supply a minimum of two one-and-one-half-inch hose streams.
(e)
Hydrants shall have two nozzles and shall deliver at least 75
gallons of water per minute at a flowing pressure of at least 30 pounds
per square inch at the highest point of the park.
(f)
Fire hydrants shall be located within 500 feet of any mobile
home, service building or other structure in the park.
