A.
B.
Zoning District Quick Views are appended to the zoning ordinance
in the appendix section.[1]
[1]
Editor's Note: Said views are included as attachments to this chapter.
D.
Zoning District Quick Views are intended to provide a simple, consolidated
recitation of zoning district regulations, but do not contain all
applicable regulations to all uses within a particular zoning district.
Where a conflict exists between the zoning district Quick Views or
where the zoning district Quick Views do not contain an applicable
regulation, the substantive zoning ordinance provision shall control.
E.
Principal and accessory land use table.
1.
For a table layout of all principal uses permitted within each zoning
district, see the attached Table 1, Principal Land Use Table.[2] In the case that a discrepancy exists between information
within an attached land use table and the substantive provisions of
the zoning ordinance included within this chapter, the information
within the zoning ordinance substantive provisions shall supersede
the land use table.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
2.
For a table layout of all accessory uses permitted within each zoning
district, see the attached Table 2, Accessory Land Use Table.[3] In the case that a discrepancy exists between information
within an attached land use table and the substantive provisions of
the zoning ordinance included within this chapter, the information
within the zoning ordinance substantive provisions shall supersede
the land use table.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
A.
Permitted by right uses. The following uses are permitted by right
in the RA Rural Agricultural District, provided that all other requirements
of this ordinance are met:
1.
Campground, limited to tent sites.
2.
Cemetery.
3.
Cemetery, animal.
4.
Commercial outdoor recreation.
5.
Commercial stable or riding academy.
6.
Community garden.
7.
Crop farming.
8.
Essential services.
9.
Forestry.
10.
Golf course.
11.
Governmental and emergency services facility.
12.
Group home.
13.
Kennel.
14.
Membership club, lodge or fraternal organization.
15.
Nature reserve.
16.
Place of assembly or worship.
17.
Plant nursery.
18.
Public park/recreation.
19.
Raising of livestock.
20.
Single-family detached dwelling.
21.
Veterinarian office or animal hospital.
B.
Special exception uses. The following is a list of special exception uses within the RA Rural Agricultural District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of special exception uses within the RA Rural Agricultural District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
1.
Adult-oriented establishment.
2.
Airport.
3.
Geothermal energy system.
4.
Heliport.
5.
Junkyard.
6.
Landfill, waste energy plant, or transfer station.
7.
Mineral extraction/open pit mining.
8.
Planned development.
9.
Recycling collection center.
10.
Solar energy system, principal/community-scale.
11.
Wind energy system, principal/community-scale.
D.
Permitted accessory uses. Accessory uses in the RA Rural Agricultural
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Brew pub or tap/tasting room.
3.
Bus shelter.
4.
Community-supported agriculture delivery station.
5.
Crop storage.
6.
Farm cafe.
7.
Farm camp.
8.
Farm pond.
9.
Farm stand.
10.
Farmers market.
11.
Food truck.
12.
Home-based business, no impact.
13.
Home occupation, low-impact.
14.
Keeping of pets.
15.
Noncommercial recreational facility for household use or for
residents of a development (including tennis courts and swimming pools).
16.
"Pick-your-own" operation.
17.
Residential accessory building, structure or use.
18.
Satellite dish antenna or satellite antenna.
19.
Short-term rental.
20.
Solar energy system, small.
21.
Temporary structure or use.
22.
Urban keeping of livestock.
23.
Wind energy system, small.
E.
Area and bulk regulations. Area and bulk regulations in the RA Rural
Agricultural District shall be as follows:
1.
Minimum lot size: three acres, unless a larger lot area is required
by another section of this ordinance.
2.
Minimum lot width: a minimum of 125 feet at the building setback
line.
3.
Minimum lot depth: a minimum of 150 feet.
4.
Maximum lot coverage: 20% maximum for all principal and accessory
buildings, except that buildings devoted to agricultural use may have
a 40% maximum building coverage. The total impervious coverage shall
not be greater than 40% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut
a public street, the front yard setback shall be no less than 35 feet
from the center line of any private street serving more than one dwelling
unit.
A.
Permitted by right uses. The following uses are permitted by right
in the LDR Low-Density Residential District, provided that all other
requirements of this ordinance are met:
B.
Special exception uses. The following is a list of special exception uses within the LDR Low-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the LDR Low-Density Residential
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Accessory dwelling unit.
3.
Bus shelter.
4.
Farm stand.
5.
Home-based business, no impact.
6.
Home occupation, low impact.
7.
Keeping of pets.
8.
Noncommercial recreational facility for household use or for residents
of a development (including tennis courts and swimming pools).
9.
Residential accessory building, structure or use.
10.
Satellite dish antenna or satellite antenna.
11.
Solar energy system, small.
12.
Temporary structure or use.
13.
Wind energy system, small.
14.
Urban keeping of livestock.
E.
Area and bulk regulations. Area and bulk regulations in the LDR Low-Density
Residential District shall be as follows:
1.
Minimum lot size: 20,000 square feet, except where a minimum lot
size of one acre shall be required if the lot would not have approved
public sewage service.
2.
Minimum lot width: a minimum of 100 feet at the required minimum
building setback line; a minimum of 40 feet at the edge of the existing
right-of-way, except.
a.
A minimum of 200 feet at the edge of the existing right-of-way
for lots having direct vehicular access onto any minor arterial street,
for any lot created after the adoption of this ordinance (except if
the driveway entrance is approved to abut the driveway of an abutting
lot).
b.
A minimum of 130 feet at the edge of the existing right-of-way
for lots having direct vehicular access onto a collector street, for
any lot created after the adoption of this ordinance (except if the
driveway entrance is approved to abut the driveway of an abutting
lot).
3.
Minimum lot depth: a minimum of 120 feet.
4.
Maximum lot coverage: 20% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
35% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut
a public street, the front yard setback shall be no less than 35 feet
from the center line of any private street serving more than one dwelling
unit.
9.
Number of principal buildings: There shall be no more than one principal
building per lot.
A.
Permitted by right uses. The following uses are permitted by right
in the MDR Medium-Density Residential District, provided that all
other requirements of this ordinance are met:
B.
Special exception uses. The following is a list of special exception uses within the MDR Medium-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the MDR Medium-Density
Residential District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Accessory dwelling unit.
3.
Bus shelter.
4.
Day-care home, family.
5.
Home occupation, low-impact.
6.
Home-based business, no impact.
7.
Keeping of pets.
8.
Noncommercial recreational facility for household use or for residents
of a development (including tennis courts and swimming pools).
9.
Residential accessory building, structure or use.
10.
Satellite dish antenna or satellite antenna.
11.
Solar energy system, small.
12.
Temporary structure or use.
13.
Wind energy system, small.
14.
Urban keeping of livestock.
E.
Special exception accessory uses. Accessory uses as allowed by special
exception in the MDR Medium-Density Residential District shall be
as follows:
1.
Wireless communications facility, nontower.
F.
Area and bulk regulations. Area and bulk regulations in the MDR Medium-Density
Residential District shall be as follows:
1.
Minimum lot size: 15,000 square feet, except where a minimum lot
size of one acre shall be required if the lot would not have approved
public sewage service.
2.
Minimum lot width: a minimum of 75 feet at the required minimum building
setback line; a minimum of 40 feet at the edge of the existing right-of-way,
except.
3.
Minimum lot depth: a minimum of 120 feet.
4.
Maximum lot coverage: 25% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
50% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut
a public street, the front yard setback shall be no less than 35 feet
from the center line of any private street serving more than one dwelling
unit.
9.
Number of principal buildings: There shall be no more than one principal
building per lot.
A.
Permitted by right uses. The following uses are permitted by right
in the HDR High-Density Residential District, provided that all other
requirements of this ordinance are met:
1.
Community garden.
2.
Crop farming.
3.
Essential services.
4.
Forestry.
5.
Governmental and emergency services facility.
6.
Group home.
7.
Nature reserve.
8.
Place of assembly or worship.
9.
Public park/recreation.
10.
School, public or private.
11.
Single-family attached dwelling (townhouse).
12.
Single-family detached dwelling.
13.
Single-family semidetached dwelling (twin).
14.
Two-family dwelling (duplex).
B.
Special exception uses. The following is a list of special exception uses within the HDR High-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the HDR High-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the HDR High-Density
Residential District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Accessory dwelling unit.
3.
Auditorium.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Day-care home, family.
7.
Day-care home, group.
8.
Home occupation, low-impact.
9.
Home-based business, no-impact.
10.
Keeping of pets.
11.
Noncommercial recreational facility for household use or for
residents of a development (including tennis courts and swimming pools).
12.
Residential accessory building, structure or use.
13.
Satellite dish antenna or satellite antenna.
14.
Solar energy system, small.
15.
Temporary structure or use.
16.
Wind energy system, small.
17.
Urban keeping of livestock.
E.
Special exception accessory uses. Accessory uses as allowed by special
exception in the HDR High-Density Residential District shall be as
follows:
1.
Wireless communications facility, nontower.
F.
Area and bulk regulations. Area and bulk regulations in the HDR High-Density
Residential District shall be as follows:
1.
Minimum lot size:
a.
Single-family detached and mobile homes: a minimum of 12,000
square feet.
b.
Single-family detached and mobile homes (no public sewer): a
minimum 43,560 square feet.
c.
Single-family semidetached dwelling; two-family detached dwelling;
two-family semidetached dwelling: a minimum of 6,000 square feet.
d.
All other principal uses (unless larger lot requirements stated
elsewhere): a minimum of 15,000 square feet.
2.
Minimum lot width: a minimum of 40 feet at the edge of the existing
right-of-way, except:
a.
Single-family detached and mobile homes: a minimum of 60 feet.
b.
Single-family detached and mobile homes (no public sewer): a
minimum of 100 square feet.
c.
Single-family semidetached dwelling; two-family detached dwelling;
two-family semidetached dwelling: a minimum of 45 feet.
d.
All other principal uses (unless larger lot requirements stated
elsewhere): a minimum of 60 feet.
e.
A minimum of 200 feet at the edge of the existing right-of-way
for lots having direct vehicular access onto any minor arterial street.
f.
A minimum of 100 feet at the edge of the existing right-of-way
for lots having direct vehicular access onto a collector street.
3.
Minimum lot depth: a minimum of 100 feet, except for single-family
detached and mobile homes with no public sewer, which shall be a minimum
of 200 feet.
4.
Maximum lot coverage: 30% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
5.
Minimum lot coverage: 30% minimum for landscaping.
6.
Front yard setback.
a.
Fronting arterial street: 45 feet minimum.
b.
Fronting collector street: 35 feet minimum.
c.
Fronting local street: 25 feet minimum.
d.
In the case where a property's front yard does not abut
a public street, the front yard setback shall be no less than 25 feet
from the center line of any private street serving more than one dwelling
unit.
A.
Permitted by right uses. The following uses are permitted by right
in the NC Neighborhood Commercial District, provided that all other
requirements of this ordinance are met:
1.
Artisan, craft, exercise, or performing art studio.
2.
Bank or financial institution (no drive-through).
3.
Bar or tavern.
4.
Beverage production, microbrewery.
5.
Business service establishment.
6.
Community center or cultural center.
7.
Community garden.
8.
Crop farming.
9.
Day-care center, adult.
10.
Day-care center, child.
11.
Essential services.
12.
Forestry.
13.
Funeral home or mortuary.
14.
Governmental and emergency services facility.
15.
Group home.
16.
Membership club, lodge or fraternal organization.
17.
Medical or dental clinics and laboratories.
18.
Medical marijuana dispensary.
19.
Mixed-use building.
20.
Office, professional.
21.
Personal services establishment.
22.
Place of assembly or worship.
23.
Public park/recreation.
24.
Restaurant, sit-down.
25.
Retail establishment.
26.
School, public or private.
27.
Single-family attached dwelling (townhouse).
28.
Single-family detached dwelling.
29.
Single-family semidetached dwelling (twin).
30.
Tattoo parlor.
31.
Theater.
32.
Transitional dwelling.
B.
Special exception uses. The following is a list of special exception uses within the NC Neighborhood Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the NC Neighborhood Commercial
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Farmers market.
7.
Home occupation, low-impact.
8.
Home-based business, no-impact.
9.
Keeping of pets.
10.
Noncommercial recreational facility for household use or for
residents of a development (including tennis courts and swimming pools).
11.
Outdoor dining area.
12.
Residential accessory building, structure or use.
13.
Satellite dish antenna or satellite antenna.
14.
Short-term rental.
15.
Solar energy system, small.
16.
Temporary structure or use.
17.
Wind energy system, small.
E.
Area and bulk regulations. Area and bulk regulations in the NC Neighborhood
Commercial District shall be as follows:
1.
Lot area: a minimum of 10,000 square feet.
2.
Lot width: a minimum of 75 feet per lot at the edge of the existing
legal right-of-way.
3.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
85% of a lot.
4.
Front yard setback: a minimum of 25 feet.
5.
Side yard setback: a minimum of 10 feet.
6.
Rear yard setback: a minimum of 15 feet.
7.
Height: a maximum of 35 feet.
A.
Permitted by right uses. The following uses are permitted by right
in the GC General Commercial District, provided that all other requirements
of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Auto repair garage.
3.
Auto, boat and/or mobile/manufactured home sales.
4.
Bank or financial institution.
5.
Bar or tavern.
6.
Beverage production, micro-brewery.
7.
Beverage production, limited distillery.
8.
Business services establishment.
9.
Car wash.
10.
Commercial indoor recreation use.
11.
Community center or cultural center.
12.
Convenience store.
13.
Crop farming.
14.
Day-care center, adult.
15.
Day-care center, child.
16.
Essential services.
17.
Forestry.
18.
Funeral home or mortuary.
19.
Gasoline service station.
20.
Governmental and emergency services facility.
21.
Medical or dental clinics and laboratories.
22.
Medical marijuana dispensary.
23.
Membership club, lodge or fraternal organization.
24.
Mixed-use building.
25.
Nursing home.
26.
Office, professional.
27.
Parking lot or structure, off-street.
28.
Personal care home or center.
29.
Personal services establishment.
30.
Place of assembly or worship.
31.
Plant nursery.
32.
Public park/recreation.
33.
Restaurant, quick-service.
34.
Restaurant, sit-down.
35.
Retail establishment.
36.
School, commercial.
37.
Shopping center.
38.
Tattoo parlor.
39.
Theater.
40.
Veterinarian office or animal hospital.
B.
Special exception uses. The following is a list of special exception uses within the GC General Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the GC General Commercial
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Commercial/industrial outdoor storage or display.
6.
Community-supported agriculture delivery station.
7.
Day-care center as an accessory use.
8.
Farmers market.
9.
Food truck.
10.
Keeping of pets.
11.
Outdoor dining area.
12.
Satellite dish antenna or satellite antenna.
13.
Solar energy system, small.
14.
Temporary structure or use.
15.
Wind energy system, small.
F.
Area and bulk regulations. Area and bulk regulations in the GC General
Commercial District shall be as follows:
1.
Lot area: a minimum of 10,000 square feet for any lot existing prior
to this ordinance taking effect; a minimum of 30,000 square feet for
any lot created after March 1, 1987.
2.
Lot width: a minimum of 120 feet per lot at the edge of the existing
legal right-of-way, except for the following:
a.
Common access. If more than one lot shares one common access
point and shares a common and integrated parking lot, the lots combined
may have a minimum lot width of 120 feet at the existing legal right-of-way
line.
b.
New lots. If a lot including only one principal use is created
after March 1, 1987, that involves the creation of an additional and
new access point onto a minor arterial street, the minimum lot width
at the existing legal right-of-way line shall be 250 feet.
3.
Off-street parking. In addition to the off-street parking regulations found in Article VI, Off-Street Parking and Loading, shared access drives and shared parking lots with adjacent uses are strongly encouraged to create an efficient and safe interior circulation system. See § 190-601B, Conditional reduction in off-street parking areas, for conditional reduction of parking requirements. The number of access points onto minor arterial roads shall be minimized, as described in § 190-808B, Access points.
4.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
85% of a lot.
5.
Front yard setback: a minimum of 25 feet.
6.
Side yard setback: a minimum of 10 feet.
7.
Rear yard setback: a minimum of 15 feet.
8.
Height: a maximum of 35 feet.
A.
Permitted by right uses. The following uses are permitted by right
in the PO/B Planned Office/Business District, provided that all other
requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Bank or financial institution.
3.
Bar or tavern.
4.
Beverage production, microbrewery.
5.
Business services establishment.
6.
Commercial indoor recreation use.
7.
Community center or cultural center.
8.
Community garden.
9.
Convenience store.
10.
Convention, conference, banquet or training center.
11.
Crop farming.
12.
Day-care center, adult.
13.
Day-care center, child.
14.
Essential services.
15.
Forestry.
16.
Group care facility.
17.
Governmental and emergency services facility.
18.
Medical or dental clinics and laboratories.
19.
Mixed-use building.
20.
Nursing home.
21.
Office, professional.
22.
Personal care home or center.
23.
Personal services establishment.
24.
Public park/recreation.
25.
Research, development, engineering or testing laboratory.
26.
Restaurant, sit-down.
27.
Retail establishment.
B.
Special exception uses. The following is a list of special exception uses within the PO/B Planned Office/Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the PO/B Planned Office/Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the PO/B Planned Office/Business
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Day-care center as an accessory use.
7.
Farmers market.
8.
Food truck.
9.
Home occupation, low impact.
10.
Home-based business, no-impact.
11.
Keeping of pets.
12.
Noncommercial recreational facility for household use or for
residents of a development (including tennis courts and swimming pools).
13.
Outdoor dining area.
14.
Residential accessory building, structure or use.
15.
Satellite dish antenna or satellite antenna.
16.
Solar energy system, small.
17.
Temporary structure or use.
18.
Wind energy system, small.
19.
Urban keeping of livestock.
F.
Area and bulk regulations. Area and bulk regulations in the PO/B
Planned Office/Business District shall be as follows:
1.
Maximum height.
a.
Five stories or 65 feet maximum, whichever is more restrictive,
for uses that are principally offices, except that:
i.
The height of any building shall not exceed 35 feet for any
use within 100 feet of an existing right-of-way or right-of-way reserved
for future dedication.
ii.
The height of any building shall not exceed 35 feet within 150
feet of the abutting exterior lot line of an existing residential
use or the abutting boundary of an LDR, MDR or HDR District.
iii.
See Township Building and Fire Code requirements regarding fire
safety.
b.
A maximum height of 45 feet or three stories, whichever is more
restrictive, shall apply to all uses that are not principally offices.
2.
Tract area: a minimum of six acres.
3.
Lot area: a minimum of 30,000 square feet.
4.
Tract width: a minimum of 225 square feet.
5.
Lot width: a minimum of 100 feet, except for any use or uses on a
lot having direct vehicular access onto a minor arterial street shall
have a minimum lot width of 250 feet, except if such access is provided
onto PA Route 248, in which case the minimum lot width shall be 350
feet at the edge of the existing right-of-way.
6.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
7.
Front yard setback: a minimum of 35 feet.
8.
Side yard setback: a minimum of 35 feet.
9.
Rear yard setback: a minimum of 35 feet.
G.
Review procedures. Any application for land development in the PO/B District or for any use involving the subdivision of land into lots smaller than six acres shall provide a site plan as described in§ 190-811, Site plan review procedures for specific uses, and also the following information. The submission and review of this information should be coordinated with the requirements and processes of the sketch or preliminary plan or land development plan process of Chapter 165, Subdivision and Land Development, of the Township Code.
1.
The applicant shall provide a written description of the substance
of covenants, grant of easements or other restrictions to be imposed
upon the use of land, buildings and structures including proposed
grants and/or easements for common open space areas and public utilities,
and the legal form of provision and enforcement thereof.
2.
In the case of plans which call for development in stages, a schedule
shall be provided showing the approximate order that applications
for final approval of each stage of the development are intended to
be filed and the approximate number and type of uses planned for each
stage.
3.
Preliminary architectural renderings. Such renderings of the front
facades of principal buildings shall be submitted for informational
purposes. These plans shall not be used as the basis for a conditional
use or subdivision or land development process decision or any other
regulatory decision of the Township.
H.
Access to minor arterial streets.
1.
Purpose. The PO/B areas in the Township are located at critical areas
for traffic movement. Carefully designed traffic access will be essential
to avoid added congestion and traffic hazards. The number of access
points onto minor arterial streets shall be minimized and traffic
directed towards signalized intersections.
2.
The standards in this section apply both as requirements for all
uses in the PO/B District and also as conditions for any conditional
or special exception use in the PO/B District.
3.
PennDOT review. This section is intended to be used in close cooperation
with and not to supersede PennDOT requirements for highway occupancy
permits. In any decision by the Board of Supervisors regarding access
from a PO/B development to a minor arterial street, the Board of Supervisors
should consider comments from PennDOT, the Planning Commission, the
Township Police Chief, the Township Engineer and any traffic studies
that are submitted.
4.
Access alternatives to minor arterial streets. Access involving left-hand
turns shall be provided from a PO/B tract only onto and off of an
abutting collector or local street when possible, instead of directly
onto a minor arterial street, wherever practical, as determined by
the Board of Supervisors.
5.
Access onto minor arterial streets. A maximum of one access point
involving left-hand turns may be permitted from a PO/B tract directly
onto and off of a minor arterial street.
6.
Setback of access points from highly trafficked intersections. Any
access point involving left-hand turns directly onto or off of a minor
arterial street shall be set back a minimum of 300 feet from the following
intersections: two minor arterial streets, a minor arterial and a
collector street or a minor arterial street and a major arterial ramp.
7.
Setback of access points within a PO/B District. Any access point
involving left-hand turns onto and off of a minor arterial street
within a PO/B District shall be set back a minimum of 500 feet from
any other access point onto that street from within a PO/B District.
8.
Interior streets. All uses within a PO/B tract shall make maximum
possible use of a coordinated interior street system to minimize individual
access points onto minor arterial streets.
9.
Easements for access. The Board of Supervisors may at the time of
approval of a subdivision or land development within a PO/B District,
require a lot or tract to grant an easement for vehicular traffic
to adjoining tracts to allow an efficient interior access system.
10.
Subdivision. All subdivision of land within a PO/B District
into tracts or lots shall only occur if it would not result in fragmented
patterns of ownership and development that would prevent a carefully
coordinated interior road system and minimization of access points
to minor arterial streets.
I.
Off-street parking. In addition to the off-street parking regulations found in Article VI, Off-Street Parking and Loading, shared access drives and shared parking lots with adjacent uses are strongly encouraged to create an efficient and safe interior circulation system. See§ 190-601B, Conditional reduction in off-street parking areas, for conditional reduction of parking requirements. The number of access points onto minor arterial roads shall be minimized, as described in § 190-808B, Access points.
A.
Permitted by right uses. The following uses are permitted by right
in the MSC Main Street Commercial District, provided that all other
requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Bank or financial institution.
3.
Bar or tavern.
4.
Business services establishment.
5.
Car wash.
6.
Commercial indoor recreation use.
7.
Community center or cultural center.
8.
Convenience store.
9.
Convention, conference, banquet or training center.
10.
Crop farming.
11.
Essential services.
12.
Forestry.
13.
Gasoline service station.
14.
Government and emergency services building.
15.
Hotel or motel.
16.
Medical or dental clinics and laboratories.
17.
Mixed-use building.
18.
Office, professional.
19.
Personal services establishment.
20.
Public park/recreation.
21.
Restaurant, quick-service.
22.
Restaurant, sit-down.
23.
Retail establishment.
24.
Shopping center.
25.
Wireless communications facility, tower-based.
B.
Conditional uses. The following is a list of conditional uses within the MSC Main Street Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
C.
Permitted accessory uses. Accessory uses in the MSC Main Street Commercial
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Bus shelter.
3.
Drive-thru facility.
4.
Farmers market.
5.
Food truck.
6.
Keeping of pets.
7.
Outdoor dining area.
8.
Satellite dish antenna or satellite antenna.
9.
Solar energy system, small.
10.
Temporary structure or use.
11.
Wind energy system, small.
D.
Special exception accessory uses. Accessory uses allowed as special
exception in the MSC Main Street Commercial District shall be as follows:
1.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the MSC Main
Street Commercial District shall be as follows:
1.
Lot area: a minimum of two acres.
2.
Lot width: a minimum of 150 feet per lot at the edge of the existing
legal right-of-way.
3.
Maximum lot coverage: 35% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
80% of a lot.
4.
Minimum landscape coverage: 20% minimum of the lot.
5.
Front yard setback: a minimum of five feet.
6.
Side yard setback: a minimum of 25 feet, if not adjacent to the MSC
District; a minimum of 15 feet if adjacent to the MSC District.
7.
Rear yard setback: a minimum of 25 feet, if not adjacent to the MSC
District; a minimum of 15 feet if adjacent to the MSC District.
8.
Height: a maximum of 35 feet for principal structures and a maximum
of 20 feet for accessory structures.
9.
Parking setback: a minimum of 50 feet away from Main Street.
F.
Community development objectives.
1.
To expand the variety and competitiveness of goods and services that
can be conveniently accessed by Township residents and local business
employees.
2.
To ensure safe and efficient pedestrian and vehicular connections
along the Main Street corridor by managing land uses and traffic conflicts
and minimizing the number of curb cuts.
3.
To minimize the adverse visual impact of expansive parking lots by
establishing effective building and parking lot orientations and through
the use of shade trees, screening, and grade changes.
4.
To proactively manage the streetscape and character of the area through
the application of coordinated amenities, including sidewalks, landscaping,
streetlighting and signage.
G.
Zoning permits.
2.
Applications for zoning permits for uses provided for in the Main
Street Commercial District shall include the following additional
information:
3.
Applications for building permits related to the construction of
structures permitted within the Main Street Commercial District shall
be approved only in the event that all relevant provisions of this
ordinance and the Palmer Township Subdivision and Land Development
Ordinance have been met.
H.
Development requirements. Within the boundaries of the Main Street
Commercial District, all tracts shall be developed as part of a planned
commercial development, subject to the following provisions:
1.
All developments shall be constructed in accordance with a well-
coordinated, integrated overall plan. If a development is to be carried
out in progressive phases, each phase shall be planned so that the
requirements and intents of this article and this ordinance shall
be fully complied with at the completion of any phase.
2.
The site shall utilize a carefully designed interior and exterior
system of vehicular access to minimize the number of driveways entering
onto public streets. The applicant shall prove that all proposed driveways
or access points are placed in the most logical and reasonable locations,
considering impacts upon abutting streets. No new traffic access that
would involve left-hand turns onto and off Main Street shall be permitted,
except at an intersection where a traffic signal exists or will be
provided at the same time as the use.
3.
Where a drive-through window is proposed for any use within the development,
a stacking lane shall be provided to serve a minimum of 10 cars. The
stacking lane shall not have direct access from the street. The stacking
lane shall not be used as a parking lot circulation aisle nor shall
it in any way conflict with the circulation of traffic through the
parking lot.
I.
Building standards and orientation.
1.
The main entrance of a building shall be identified by being recessed
in from or projecting out from the surrounding wall, changes in building
height, roof overhangs, awnings, lighting or combinations thereof.
2.
Blank walls shall not be permitted along any wall that faces a street.
3.
All exterior building walls that face a street shall be finished
with brick, cut stone, precast/poured-on-site tilt-up concrete panels
concrete, poured concrete panels, split-face masonry blocks, stucco,
plaster, clear or lightly tinted glass, or combinations thereof.
a.
Standard concrete block or metal shall not be permitted as a
visible wall material.
4.
For buildings that contain more than one use, the building shall
be designed to give the appearance of a separate facade for each use.
Uses shall be differentiated by columns, alternate materials, recesses,
projections, roof overhangs, awnings or combinations thereof within
an overall design scheme.
5.
Exterior building walls shall use neutral colors. Contrasting trim,
color bands and/or textures may be used to create contrast.
6.
Loading doors or service entrances shall use the same color as the
wall on which they are located.
7.
Building mechanical systems, including, but not limited to, air-conditioning
units, exhaust systems, satellite dishes, and elevator housing, shall
be located on the roof whenever possible. Any mechanical systems not
mounted on the roof shall be enclosed with fencing and/or covering
that is the same color as the building.
8.
Public utility equipment shall be placed underground whenever feasible.
9.
Trash receptacles and above-ground utility equipment shall be placed
to the side or rear of the nearest building.
J.
Off-street parking and loading.
1.
Parking. In addition to the off-street parking requirements in Article VI, Off-Street Parking and Loading, and Table 3, the following requirements shall apply to uses within the Main Street Commercial District:
a.
The design of parking and circulation areas on the site shall
address the needs of different users to the site, such as visitors,
employees and truck loading and unloading.
b.
Off-street parking areas shall be oriented to the rear or side
of structures. Parking areas shall not be permitted between the street
and the building. For corner lots, the side of the building fronting
onto Main Street shall be considered the front, and the side of the
building fronting on the secondary street frontage shall be considered
the side.
c.
Interconnection of off-street parking areas.
i.
To reduce traffic congestion and minimize the number of curb
cuts along Main Street, parking areas shall be connected to adjacent
parcels through a rear or side yard access road. Where a parking area
is constructed and is adjacent to an undeveloped parcel, the access
drive shall be extended to the lot line for future connection.
ii.
The use of shared access points is required. Adjacent uses shall
share ingress and egress points to serve both uses.
d.
Internal walkways.
i.
Pedestrian walkways shall be provided for customers and employees
to travel between buildings and parking areas.
ii.
Pedestrian walkways shall be provided between the sidewalk and
the main entrance of all principal buildings.
iii.
Pedestrian walkways shall be constructed with a different pavement
material than that used for streets and parking areas so as to differentiate
the walkway from the driving areas. Pedestrian walkways may be constructed
with concrete, decorative bricks, blocks or stone, not including crushed
stone.
iv.
All pedestrian walkways shall comply with the ADA Standards
for Accessible Design.
e.
Fire zones. At the direction of the Township Fire Commissioner,
fire zones shall be set aside and marked around each building to ensure
access by fire vehicles. Such marking shall consist of metallic signs
or painted lines, or both, bearing the legend "No Parking - Fire Zone"
or "No Parking - Fire Lane."
2.
Loading. In addition to the loading requirements in Article VI, Off-Street Parking and Loading, the following requirements shall apply to uses within the Main Street Commercial District:
a.
Loading and unloading areas shall be located at the rear of
a building. If loading and unloading areas are not possible at the
rear of a building, then they may be located at the side of a building,
provided that they are screened from view of the street using fencing,
a wall that matches the architectural style of the principal building,
dense landscaping, or combinations thereof.
K.
Streetscape performance regulations.
1.
Sidewalks. Sidewalks shall be provided for all uses within the Main
Street Commercial District. Sidewalks shall be constructed in accordance
with Township specifications (see Palmer Township Standard Construction
Details) and installed to connect to the lot line of adjacent parcels.
2.
Where sidewalks coincide and/or adjoin a Township-designated recreation
path, the sidewalk width and locations shall be constructed in accordance
with Township specifications.
3.
Streetlighting. Streetlighting shall be provided along all street
frontages in the Main Street Commercial District.
a.
Streetlight poles shall have a maximum height of 20 feet and
shall be placed a maximum of 100 feet apart measured along the same
side of the street.
b.
All streetlight poles and fixtures shall be constructed in accordance
with design standards set forth by the electric utility company.
c.
The design of streetlight poles and fixtures shall be consistent
throughout the Main Street Commercial District.
d.
Cobra-head-style streetlights shall be prohibited.
L.
Traffic management.
1.
Road capacity. To ensure the road network is able to handle additional
traffic from development, the following shall be met:
a.
A traffic impact assessment shall be completed for all applications
of proposed development, redevelopment and/or expansion of existing
development.
c.
The Township shall review, at the expense of the applicant,
any professional traffic studies that are presented and make recommendations
to the Township.
2.
Access management. The number of access points onto Main Street needs
to be minimized, and traffic shall be steered towards a minimum number
of strategically planned intersections and traffic signals. In order
to minimize traffic congestion and hazards, the following access management
provisions shall apply:
a.
Access to lots shall be provided only onto and off of an abutting
collector or local street and shall not be provided directly onto
or off of Main Street.
b.
Access to two or more adjoining lots may be combined, shared
and/or coordinated to minimize the number of access points onto a
public street. Shared parking lots and access drives or access points
connecting adjacent lots are strongly encouraged.
i.
The provision of joint access shall be subject to the creation
of an easement with the deed allowing cross-access between the properties
within the access road area. The joint access arrangements shall include
a joint agreement recorded with the deed defining the maintenance
responsibilities of each of the property owners served by the access
road.
c.
Developments consisting of three or more principal structures
shall make use of a carefully coordinated interior street system.
i.
Each principal building shall have its main vehicle access onto
a common parking lot, access drive, service road, marginal access
street, or other alternative method approved by the Township, which
shall then provide access to an abutting collector or local street.
ii.
Vehicle access shall be provided to each use without causing
congestion to, hazards upon or interference with traffic movement
on public streets.
iii.
All access to outparcels of a development shall be provided
using internal access drives. Separate access to outparcels from collector
or local streets shall be prohibited.
d.
The minimum distance to be provided between an access point
or driveway and a street intersection on the same and/or opposite
side of the following types of streets (measured from center line
to center line) is listed below:
e.
An access point or driveway shall be aligned with or separated
a minimum distance of 200 feet from any other access point or driveway
onto the same street, measured from center line to center line.
A.
Permitted by right uses. The following uses are permitted by right
in the LI/MU Light Industrial/Mixed Use District, provided that all
other requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Auto repair garage.
3.
Beverage production, limited distillery.
4.
Beverage production, limited winery, meadery or cidery.
5.
Business service establishment.
6.
Commercial indoor recreation use.
7.
Convenience store.
8.
Crop farming.
9.
Essential services.
10.
Forestry.
11.
Funeral home or mortuary.
12.
Gasoline service station.
13.
Governmental and emergency services facility.
14.
Golf course.
15.
Kennel.
16.
Manufacturing, light.
17.
Medical or dental clinics and laboratories.
18.
Medical marijuana dispensary.
19.
Medical marijuana grower/processor.
20.
Mixed-use building.
21.
Office, professional.
22.
Plant nursery.
23.
Public park/recreation.
24.
Recycling collection center.
25.
Research, development, engineering or testing laboratory.
26.
Retail establishment.
27.
Self-storage development.
B.
Special exception uses. The following is a list of special exception uses within the LI/MU Light Industrial/Mixed Use District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the LI/MU Light Industrial/Mixed
Use District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Brew pub or tap/tasting room.
3.
Bus shelter.
4.
Commercial/industrial outdoor storage or display.
5.
Food truck.
6.
Keeping of pets.
7.
Satellite dish antenna or satellite antenna.
8.
Solar energy system, small.
9.
Temporary structure or use.
10.
Wind energy system, small.
11.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the LI/MU
Light Industrial/Mixed Use shall be as follows:
1.
Lot area: a minimum of one acre.
2.
Lot width: a minimum of 100 feet per lot at the edge of the existing
legal right-of-way; for a minor arterial street, a minimum of 200
feet per lot at the edge of the street line.
3.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
65% of a lot.
4.
Front yard setback: a minimum of 40 feet; if the lot abuts or is
across the ROW from a residential lot line, a minimum of 75 feet.
5.
Side yard setback: a minimum of 30 feet; if the lot abuts or is across
the ROW from a residential lot line, a minimum of 120 feet.
6.
Rear yard setback: a minimum of 30 feet; if the lot abuts or is across
the ROW from a residential lot line, a minimum of 120 feet.
7.
Height: a maximum of 40 feet.
F.
Review procedures. In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, the following information shall also be submitted to the Township by the applicant:
1.
A list of the types of establishments expected to be located on the
site and their approximate floor areas.
2.
The maximum number of employees expected to work on-site on each
shift.
3.
An estimate of the average number of daily vehicle trips (tractor-trailer
truck trips, automobile trips and other vehicle trips) expected to
be generated.
4.
For specific uses, including light manufacturing, a detailed description
of the following information shall be submitted:
a.
For light manufacturing, the nature of the on-site activities
and manufacturing operations, the types of materials used in the manufacturing
process, the waste generated and the methods of disposal, outside
storage (if any) of raw materials, final products, or waste materials
(this includes any tanks, silos or bins).
b.
For light manufacturing, any environmental impacts that are
likely to be generated (e.g., odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impacts. If available, provide any external noise studies
conducted of similar operations.
c.
For all uses, the general scale of the operation, in terms of
its specific floor space requirements for each activity, hours of
operation, and the total number of employees on each shift.
d.
For all uses, provide evidence of the internal and external
fire protection/suppression systems being provided at the facility.
e.
For all uses, provide evidence that the proposed uses shall
not substantially change the character of any surrounding residential
neighborhoods.
f.
For all uses, provide evidence that the proposed uses shall
not create a significant hazard to the public health and safety, such
as fire, toxic or explosive hazards.
G.
Sewage restrictions on uses.
1.
In areas of the Township as determined to be unlikely be served by
public sewers within the next year following the date of zoning application,
no industrial use shall be permitted that would reasonably be expected
to generate an amount or intensity of sewage greater than one equivalent
dwelling unit per acre, nor shall any use be permitted that would
generate significant amounts of process waste.
2.
The Board of Supervisors and/or Easton Area Joint Sewer Authority
Industrial Pretreatment Program may require an industrial facility
to adequately pretreat its wastes if the waste that would result from
the use would represent a serious hazard to the proper functioning
of the sewage system of the EAJSA Wastewater Treatment Plant.
H.
Design guidelines.
1.
The proposed development should be designed with an overall plan
having a single architectural and landscaping theme.
2.
Proposed buildings should relate in scale and materials to adjacent
buildings.
3.
Long, unbroken facades are strongly discouraged.
4.
The exteriors of all buildings that are visible to a public street
should be finished with masonry, brick, stone or equivalent types
of attractive materials, as opposed to tin, steel or aluminum.
A.
Permitted by right uses. The following uses are permitted by right
in the IOC Industrial/Office/Commercial District, provided that all
other requirements of this ordinance are met:
1.
Auto repair garage.
2.
Bank or financial institution.
3.
Beverage production, limited distillery.
4.
Beverage production, limited winery, meadery or cidery.
5.
Beverage production, large brewery.
6.
Beverage production, microbrewery.
7.
Billboard (on its own lot).
8.
Business services establishment.
9.
Commercial indoor recreation use.
10.
Convenience store.
11.
Crop farming.
12.
Day-care center, adult.
13.
Essential services.
14.
Forestry.
15.
Gasoline service station.
16.
Governmental and emergency services facility.
17.
Hotel or motel.
18.
Manufacturing, light.
19.
Medical or dental clinics and laboratories.
20.
Medical marijuana dispensary.
21.
Membership club, lodge or fraternal organization.
22.
Mixed-use building.
23.
Office, professional.
24.
Outdoor industrial storage/supply yard.
25.
Plant nursery.
26.
Public park/recreation.
27.
Research, development, engineering or testing laboratory.
28.
Restaurant, sit-down.
29.
Retail establishment.
30.
Self-storage development.
31.
Taxi, bus, or train terminal.
32.
Truck stop.
33.
Truck, rail or freight terminal.
34.
Warehouse/logistics use.
35.
Wholesale establishment.
B.
Special exception uses. The following is a list of special exception uses within the IOC Industrial/Office/Commercial, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the IOC Industrial/Office/Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the IOC Industrial/Office/Commercial
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Bus shelter.
3.
Commercial/industrial outdoor storage or display.
4.
Crematorium.
5.
Food truck.
6.
Keeping of pets.
7.
Satellite dish antenna or satellite antenna.
8.
Solar energy system, small.
9.
Temporary structure or use.
10.
Wind energy system, small.
F.
Area and bulk regulations. Area and bulk regulations in the IOC Industrial/Office/Commercial
District shall be as follows:
1.
Lot area: a minimum of five acres. The tract size shall be a minimum
of 15 acres.
2.
Lot width: a minimum of 100 feet per lot at the edge of the existing
legal right-of-way; for a minor arterial street, a minimum of 250
feet per lot at the edge of the street line.
3.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
65% of a lot.
4.
Minimum landscape coverage: 20% minimum of the lot.
5.
Front yard setback: a minimum of 40 feet; if the lot abuts or is
across the ROW from a residential lot line, a minimum of 75 feet.
6.
Side yard setback: a minimum of 15 feet; if the lot abuts or is across
the ROW from a residential lot line, a minimum of 150 feet.
7.
Rear yard setback: a minimum of 15 feet; if the lot abuts or is across
the ROW from a residential lot line, a minimum of 150 feet.
8.
Height: a maximum of 45 feet.
G.
Review procedures.
1.
In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, a development plan shall be submitted including the following information:
a.
A list of the types of uses expected to be located on the tract
and their approximate floor areas.
b.
A map and statement indicating the manner in which the proposed
site plan relates to existing and anticipated future development of
the balance of the IOC District, with respect to traffic flow and
parking, utilities and services, open space, landscaped areas and
drainage.
c.
A map and statement indicating the manner and extent to which
open space and landscaped areas are to be provided in the development,
including any proposal for extension of a recreation trail along the
Schoeneck Creek.
d.
For any major industrial use(s), the likely hours of operation,
the maximum number of employees expected on any one shift and an estimate
of the expected number of trips of different types of vehicles.
e.
Proposed methods to screen and buffer any adjacent dwellings
and/or any adjacent residential districts.
f.
Such additional data or evidence that the Board of Supervisors may reasonably require to ensure compliance with specific provisions of Township ordinances, especially to ensure public health and safety and to ensure compliance with the performance standards of Article V, Environmental Preservation.
g.
An applicant for a development of multiple lots intended to
involve industrial uses shall provide to the Township the substance
of the proposed declarations of restrictions and covenants (if any)
that would impose additional use and development and maintenance restrictions
on the development of the tract. Such restrictions and covenants are
strongly encouraged to ensure adequate maintenance and to control
nuisances from individual uses within the tract. Any proposed covenants
shall also include a written process for enforcement by the developer
and the Township.
2.
For specific uses including light manufacturing, warehouses/logistics
use, and truck, rail or freight terminal, a detailed description of
the following information shall be submitted:
a.
For light manufacturing, the nature of the on-site activities
and manufacturing operations, the types of materials used in the manufacturing
process, the waste generated and the methods of disposal, outside
storage (if any) of raw materials, final products, or waste materials
(this includes any tanks, silos or bins).
b.
For Light Manufacturing, any environmental impacts that are
likely to be generated (e.g., odor, noise, smoke, dust, litter, glare,
vibration, electrical disturbance, wastewater, stormwater, solid waste,
etc.) and specific measures employed to mitigate or eliminate any
negative impacts. If available, provide any external noise studies
conducted of similar operations.
c.
For warehousing and truck, rail or freight terminal, the nature
of the on-site activities and operations, the types of materials stored.
d.
For all uses, the general scale of the operation, in terms of
its specific floor space requirements for each activity, hours of
operation, and the total number of employees on each shift.
e.
For all uses, provide evidence of the internal and external
fire protection/suppression systems being provided at the facility.
f.
For all uses, provide evidence that the proposed uses shall
not substantially change the character of any surrounding residential
neighborhoods.
g.
For all uses, provide evidence that the proposed uses shall
not create a significant hazard to the public health and safety, such
as fire, toxic or explosive hazards.
H.
Sewage restrictions on uses.
1.
In areas of the Township to unlikely be served by public sewers within
the next year following the date of zoning application, no industrial
use shall be permitted that would reasonably be expected to generate
an amount or intensity of sewage greater than one equivalent dwelling
unit per acre, nor shall any use be permitted that would generate
significant amounts of process waste.
2.
The Board of Supervisors and/or Easton Area Joint Sewer Authority
Industrial Pretreatment Program may require an industrial facility
to adequately pretreat its wastes if the waste that would result from
the use would represent a serious hazard to the proper functioning
of the sewage system of the EAJSA Wastewater Treatment Plant.
I.
Design guidelines.
1.
The proposed development should be designed with an overall plan
having a single architectural and landscaping theme.
2.
Proposed buildings should relate in scale and materials to adjacent
buildings.
3.
Long, unbroken facades are strongly discouraged.
4.
The exteriors of all buildings that are visible to a public street
should be finished with masonry, brick, stone or equivalent types
of attractive materials, as opposed to tin, steel or aluminum.
A.
Permitted by right uses. The following uses are permitted by right
in the NEB North End Business District, provided that all other requirements
of this ordinance are met:
1.
Beverage production, large brewery.
2.
Beverage production, limited distillery.
3.
Beverage production, limited winery, meadery or cidery.
4.
Billboard (on its own lot).
5.
Business services establishment.
6.
Crop farming.
7.
Day-care center, child.
8.
Essential services.
9.
Forestry.
10.
Governmental and emergency services facility.
11.
Manufacturing, light.
12.
Manufacturing, heavy.
13.
Medical or dental clinics and laboratories.
14.
Medical marijuana grower/processor.
15.
Mixed-use building.
16.
Office, professional.
17.
Outdoor industrial storage/supply yard.
18.
Public park/recreation.
19.
Research, development, engineering or testing laboratory.
20.
School, commercial.
21.
Truck stop.
22.
Truck, rail, freight terminal.
23.
Warehouse/logistics use.
24.
Wholesale establishment.
25.
Wireless communications facility, tower-based.
B.
Special exception uses. The following is a list of special exception uses within the NEB North End Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the NEB North End Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the NEB North End Business
District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental
to a permitted principal use.
2.
Bus shelter.
3.
Commercial/industrial outdoor storage or display.
4.
Crematorium.
5.
Keeping of pets.
6.
Satellite dish antenna or satellite antenna.
7.
Solar energy system, small.
8.
Temporary structure or use.
9.
Wind energy system, small.
10.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the NEB North
End Business District shall be as follows:
1.
Lot area: a minimum of 10 acres.
2.
Lot width: a minimum of 350 feet per lot at the edge of the existing
legal right-of-way.
3.
Maximum lot coverage: 45% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
75% of a lot.
4.
Front yard setback: a minimum of 15 feet.
5.
Side yard setback: a minimum of 25 feet if not adjacent to the NEB
District; a minimum of 15 feet if adjacent to the NEB District.
6.
Rear yard setback: a minimum of 25 feet if not adjacent to the NEB
District; a minimum of 15 feet if adjacent to the NEB District.
7.
Height: a maximum of 60 feet.
F.
Community development objectives.
1.
To promote industrial, research, distribution, office and commercial
development in appropriate locations to provide wider employment choices
and improve overall economic development for the Township.
2.
To ensure that sufficient road capacity and utilities are in place
before new development occurs.
3.
To provide a safe and efficient transportation network that is closely
coordinated with land use.
4.
To proactively manage the streetscape and character of the area through
the application of coordinated amenities, including sidewalks, landscaping
and signage.
G.
Zoning permits.
1.
Applications for zoning permits related to the construction of structures
permitted in the North End Business District shall include the following
information:
2.
Applications for zoning permits for uses provided for in the North
End Business District shall include the following additional information:
H.
Review procedures for uses. In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, the following information shall also be submitted for the following uses, including light and heavy manufacturing, warehouses/logistics use, and truck, rail or freight terminal:
1.
For light and heavy manufacturing, the nature of the on-site activities
and manufacturing operations, the types of materials used in the manufacturing
process, the waste generated and the methods of disposal, outside
storage (if any) of raw materials, final products, or waste materials
(this includes any tanks, silos or bins).
2.
For light and heavy manufacturing, any environmental impacts that
are likely to be generated (e.g., odor, noise, smoke, dust, litter,
glare, vibration, electrical disturbance, wastewater, stormwater,
solid waste, etc.) and specific measures employed to mitigate or eliminate
any negative impacts. If available, provide any external noise studies
conducted of similar operations.
3.
For warehousing and truck, rail or freight terminal, the nature of
the on-site activities and operations, the types of materials stored.
4.
For all uses, the general scale of the operation, in terms of its
specific floor space requirements for each activity, hours of operation,
and the total number of employees on each shift.
5.
For all uses, provide evidence of the internal and external fire
protection/suppression systems being provided at the facility.
6.
For all uses, provide evidence that the proposed uses shall not substantially
change the character of any surrounding residential neighborhoods.
7.
For all uses, provide evidence that the proposed uses shall not create
a significant hazard to the public health and safety, such as fire,
toxic or explosive hazards.
I.
Development requirements. Within the boundaries of the North End
Business District, all developments shall be constructed in accordance
with a well-coordinated, integrated overall plan. If a development
is to be carried out in progressive phases, each phase shall be planned
so that the requirements and intents of this article and this ordinance
shall be fully complied with at the completion of any phase.
J.
Building standards and orientation.
1.
The main entrance of all buildings shall be located along the front
or side of the building that faces the street.
a.
The main entrance of a building shall be identified by being
recessed in or projecting out, changes in building height, roof overhangs,
awnings, lighting or combinations thereof.
2.
Blank walls shall not be permitted along any wall that faces Main
Street.
3.
All exterior building walls that face a street shall be finished
with brick, cut stone, precast concrete, poured concrete panels, split-face
masonry blocks, stucco, plaster, clear or lightly tinted glass, or
combinations thereof.
a.
Standard concrete block or metal shall not be permitted on walls
that face a street.
4.
Exterior building walls shall use neutral colors. Contrasting trim,
color bands and/or textures may be used to help break up the vertical
monotony of flat walls.
5.
For any property with frontage on Main Street, loading docks, service
bays and roll-up doors shall be screened against view from Main Street.
6.
Loading bays and roll-up doors shall use the same color as the wall
on which they are located.
7.
Building mechanical systems, including, but not limited to, air-conditioning
units, exhaust systems, satellite dishes, and elevator housing, shall
be located on the roof whenever possible.
8.
Public utility equipment shall be placed underground whenever feasible.
9.
Trash receptacles and above-ground utility equipment shall be placed
to the side or rear of the nearest building.
K.
Off-street parking and loading.
1.
Parking. In addition to the off-street parking requirements in Article VI, Off-Street Parking and Loading, and Table 3, the following requirements shall apply to uses within the North End Business District:
a.
The design of parking and circulation areas on the site shall
address the needs of different users to the site, such as visitors,
employees and truck loading and unloading.
b.
Where parking areas are located between the building and the
street, the parking areas shall be screened from view of the street
using low fencing, a low wall that matches the architectural style
of the principal building, earthen berms, variations in elevation,
landscaping, or combinations thereof.
c.
Internal walkways.
i.
Pedestrian walkways shall be provided for visitors, customers
and employees to travel between buildings and parking areas.
ii.
Pedestrian walkways shall be constructed with a different pavement
material than that used for streets and parking areas so as to differentiate
the walkway from the driving areas. Pedestrian walkways may be constructed
with concrete, decorative brick, blocks or stone, not including crushed
stone.
iii.
All pedestrian walkways shall comply with the ADA Standards
for Accessible Design.
2.
Loading. In addition to the loading requirements in Article VI, Off-Street Parking and Loading, the following requirements shall apply to uses within the North End Business District:
a.
Loading and unloading areas, including areas for truck parking
and/or service, shall be located at the rear of a building, whenever
possible. If loading, unloading, truck parking and/or service bays
are not possible at the rear of a building, then they may be located
at the side of a building, provided that they are not visible from
the street.
b.
If loading, unloading, truck parking and/or service areas are
located at the side of a building, they shall be shielded from view
of the street using fencing, a wall that matches the architectural
style of the principal building, or dense landscaping.
L.
Streetscape performance regulations.
1.
Sidewalks. Sidewalks shall be provided for all uses within the North
End Business District. Sidewalks shall be constructed in accordance
with Township specifications (see Palmer Township Standard Construction
Details) and installed to connect to the lot line of adjacent parcels.
2.
Where sidewalks coincide and/or adjoin a Township-designated recreation
path, the sidewalk width and locations shall be constructed in accordance
with Township specifications.
3.
Streetlighting. Streetlighting shall be provided along all street
frontages in the North End Business District.
a.
Streetlight poles shall have a maximum height of 20 feet and
shall be placed a maximum of 100 feet apart.
b.
All streetlight poles and fixtures shall be constructed in accordance
with design standards set forth by the electric utility company.
c.
The design of streetlight poles and fixtures shall be consistent
throughout the North End Business District and in conformance with
any applicable Township Design Standards.
d.
Cobra-head-style streetlights shall be prohibited.
M.
Traffic management.
1.
Road capacity. To ensure the road network is able to handle additional
traffic from development, the following shall be met:
a.
A traffic impact assessment shall be completed for all applications
of proposed development, redevelopment and/or expansion of existing
development.
c.
The Township shall review, at the expense of the applicant,
any professional traffic studies that are presented and make recommendations
to the Township.
2.
Access management. The number of access points onto Main Street shall
be minimized, and traffic shall be directed towards a minimum number
of strategically planned intersections and traffic signals. In order
to minimize traffic congestion and hazards, the following access management
provisions shall apply:
a.
Access to lots shall be provided only onto and off of an abutting
collector or local street and shall not be provided directly onto
or off of Main Street.
b.
Access to two or more adjoining lots may be combined, shared
and/or coordinated to minimize the number of access points onto a
public street. Shared parking lots and access drives or access points
connecting adjacent lots are strongly encouraged.
i.
The provision of joint access shall be subject to the creation
of an easement with the deed allowing cross-access between the properties
within the access road area. The joint access arrangements shall include
a joint agreement recorded with the deed defining the maintenance
responsibilities of each of the property owners served by the access
road.
c.
Developments consisting of three or more principal structures
shall make use of a carefully coordinated interior street system.
i.
Each principal building shall have its main vehicle access onto
a common parking lot, access drive, service road, marginal access
street, or other alternative method approved by the Township, which
shall then provide access to an abutting collector or local street.
ii.
Vehicle access shall be provided to each use without causing
congestion to, hazards upon or interference with traffic movement
on public streets.
d.
The minimum distance to be provided between an access point
or driveway and a street intersection on the same and/or opposite
side of the following types of streets (measured from center line
to center line) is listed below:
e.
An access point or driveway shall be aligned with or separated
a minimum distance of 200 feet from any other access point or driveway
onto the same street, measured from center line to center line.
N.
Sewage restrictions on uses.
1.
In areas of the Township to unlikely be served by public sewers within
the next year following the date of zoning application, no industrial
use shall be permitted that would reasonably be expected to generate
an amount or intensity of sewage greater than one equivalent dwelling
unit per acre, nor shall any use be permitted that would generate
significant amounts of process waste.
2.
The Board of Supervisors and/or the Nazareth Borough Municipal Authority
(NBMA) Industrial Pretreatment Program may require an industrial facility
to adequately pretreat its wastes if the waste that would result from
the use would represent a serious hazard to the proper functioning
of the NBMA Wastewater Treatment Plant.
A.
Community development objectives.
1.
To facilitate safe and efficient pedestrian and vehicular travel
along the Route 248 corridor by managing land uses and traffic conflicts
and decreasing curb cuts.
2.
To establish more effective building and parking lot orientations
for the corridor.
3.
To encourage greater interest in architectural quality and public
amenities by proactively managing the streetscape and character of
the corridor.
4.
To develop coordinated streetscape amenities along the corridor,
including sidewalks, streetlighting, landscaping, and signage.
5.
To build upon and improve the Route 248 corridor by establishing
guidelines and standards for future development, reuse, and expansions;
evaluate undeveloped parcels for their highest and best use; and design
new developments so that they contribute to and have a relationship
to the community as a whole.
6.
To set standards for home conversions that will maintain the character
of the structure.
7.
To avoid uses which impose upon neighboring residential pockets and
negatively impact the character of the area.
8.
To establish backyard buffers which protect adjoining residential
uses from excessive light and glare, noise, or parking.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall
be permitted in the Route 248 Overlay District as defined within the
respective base zoning districts unless specifically prohibited herein.
C.
Area and bulk regulations. Uses permitted within the Overlay District
shall follow respective base zoning district regulations, with the
following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 35 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to
90% opaqueness) on three sides by evergreen planting, fencing, and/or
walls. Screening shall block view of dumpster from streets and dwellings
as well as those that are adjacent to a residential lot.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a
minimum height of six feet and a maximum height of eight feet, maintained
in good repair, and with a parallel row of trees or shrubs, unless
the rear yard fronts onto an alleyway. At least 90% of the total surface
shall be opaque and the exterior and/or intended finished face of
the fence shall be oriented toward the adjacent lot and/or right-of-way.
For purpose of the buffer yard, chain-link-type fences are not permitted.
b.
All building mechanical systems such as air-conditioning units,
exhaust systems, satellite dishes, elevator housing, and dumpsters
shall be integrated into the overall design and character of the building.
Landscaping and other screening devices, including decorative fencing,
shall be used to soften the view of these features from adjoining
properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts
a residential district or use, such paved areas shall have a permanent
staggered/offset row of bushes, four feet high at the time of planting,
with sufficient density to block car lights from shining into the
adjoining property. Upon written approval from the adjoining (i.e.,
affected) property owner, a four-foot fence with 90% opaqueness may
be substituted for the row of bushes, provided that it is not a chain-link-style
fence.
b.
The side yard buffer shall be provided by the developer or property
owner for all new land developments, changes of uses and/or replacement
with same use, and for buildings reconstructed or rehabilitated over
25% of the assessed tax value or for buildings expanded by 10% of
the square footage or more.
E.
F.
Signs.
1.
Height. Within the Route 248 Overlay District, ground signs shall
be limited to a maximum height of five feet. Freestanding pole signs
are prohibited.
2.
Area. Maximum sign area in the Route 248 Overlay District shall be
limited to 15 square feet in residential districts and 20 square feet
in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary
for the sign to be readable. Internally illuminated signs shall be
prohibited in all residential districts in the Township. Where permitted
in nonresidential districts, internally illuminated signs shall have
a dark background with illuminated text that accounts for a maximum
of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white,
steady, stationary light. External light shall be directed at the
sign without light spillover and without causing glare for motorists,
pedestrians or neighboring properties. Signs may be backlighted with
a diffused or shielded light source if deemed necessary by the Township
to control glare. Backlighting shall illuminate the letters, characters
or graphics on the sign, but not its background, in order to shine
only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours
or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
All existing internally illuminated signs in a residential zoning
district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along
public streets, parking areas shall be connected to adjacent parcels
through rear or side yard access road. The intent is to provide a
secondary point of access in a grid pattern to uses within the Route
248 Overlay District. Where a parking area is constructed and is adjacent
to an undeveloped nonresidential parcel, the access drive shall be
extended to the lot line for future connection.
b.
The use of shared access points is strongly recommended. Where
possible, two adjacent uses may share ingress and egress points to
serve both uses. This model will decrease the number of curb cuts
along Route 248 and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb
cut shall be retained for the consolidated lot. Any existing access
point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed
to shine back toward the principal building and shall not spill any
light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the
light from spilling over unnecessarily. Parking lighting fixtures
shall be lit during office hours or between the hours of 7:00 a.m.
and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side
of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A limit of three parking spaces may be provided on the side of the building that faces a public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to
parking lots to provide for the safety of pedestrians accessing the
buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the Route 248 Overlay District shall provide
a prominent and highly visible street-level doorway or entrance fronting
to Route 248, except in the case of master-planned developments exceeding
two acres in land area.
2.
In order to maintain the character of the area, blank walls shall
not be permitted to face a public street. The street level facade
of any building facing a public street or access drive shall be at
least 15% transparent. These requirements shall apply to all new land
developments and existing buildings reconstructed over 50% of tax
value.
3.
Exterior wall materials that are not permitted in the Route 248 Overlay
District include: large split face blocks, tilt-up concrete panels,
prefabricated metal panels, and standard concrete masonry units.
A.
Community development objectives.
1.
To ensure safe and efficient pedestrian and vehicular travel along
the William Penn Highway corridor by managing land uses and traffic
conflicts, decreasing the number of curb cuts, and establishing more
effective building and parking lot orientations.
2.
To encourage greater interest in design unification.
3.
To proactively manage the streetscape and character of the corridor
through the application of coordinated amenities including sidewalks,
landscaping, and signage.
4.
To build upon and improve the William Penn Highway corridor by establishing
guidelines and standards for future development, reuse, and expansions.
5.
To design new developments that contribute to and have a relationship
to the community as a whole and avoid uses which negatively impose
upon neighboring residential pockets.
6.
To set standards for home conversions to enable flexibility while
also maintaining basic standards and minimizing land use conflicts.
7.
To keep traffic and the number of curb cuts to a minimum.
8.
To establish backyard buffers which protect adjoining residential
uses from light, noise, and other conflicts that may be caused by
nonresidential uses.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall
be permitted in the William Penn Highway Overlay District as defined
within the respective base zoning districts unless specifically prohibited
herein.
a.
In addition, the following principal uses may also be allowed
as a permitted by right use:
i.
Artisan, craft, exercise or performing arts studio.
ii.
Bank or financial institution (no drive-thru).
iii.
Bar or tavern.
iv.
Bed-and-breakfast use.
v.
Business services establishment.
vi.
Day-care center, adult.
vii.
Day-care center, child.
viii.
Funeral home or mortuary.
ix.
Group home.
x.
Membership club, lodge or fraternal organization Mixed-use building.
xi.
Medical or dental clinics and laboratories.
xii.
Mixed-use building.
xiii.
Office, professional.
xiv.
Personal care home or center.
xv.
Personal services establishment.
xvi.
School, public or private.
xvii.
Single-family semidetached dwelling (twin).
xviii.
Two-family dwelling (duplex).
xix.
Veterinarian office or animal hospital.
2.
Conversion of existing dwellings in the William Penn Highway Overlay
District to nonresidential uses may be permitted, provided the following
conditions are met:
3.
Lot consolidation. If adjacent lots are under the control of a single
landowner, the lots shall be consolidated as a single lot prior to
any land development.
4.
Regulations in this article must be followed upon change of use.
All conversions under this article shall be considered land developments
conforming to the Palmer Township Subdivision and Land Development
Ordinance and requiring a land development plan.
C.
Area and bulk regulations. Uses permitted within the Overlay District
shall follow respective base zoning district regulations, with the
following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 40 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to
90% opaqueness) on three sides by evergreen planting, fencing, and/or
walls. Screening shall block view of dumpster from streets and dwellings.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a
minimum height of six feet and a maximum height of eight feet, maintained
in good repair, and with a parallel row of trees or shrubs, unless
the rear yard fronts onto an alleyway. At least 90% of the total surface
shall be opaque. For purpose of the buffer yard, chain-link-type fences
are not permitted.
b.
All building mechanical systems such as air-conditioning units,
exhaust systems, satellite dishes, elevator housing, and dumpsters
shall be integrated into the overall design and character of the building.
Landscaping and other screening devices, including decorative fencing,
shall be used to soften the view of these features from adjoining
properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts
a residential district or use, such paved areas shall have a permanent
staggered/offset row of bushes, four feet high at the time of planting,
with sufficient density to block car lights from shining into the
adjoining property. Upon written approval from the adjoining (i.e.,
affected) property owner, a four-foot fence with 90% opaqueness may
be substituted for the row of bushes, provided that it is not a chain-link-style
fence.
b.
The side yard buffer shall be provided by the developer or property
owner for all new land developments, changes of uses and/or replacement
with same use, and for buildings reconstructed or rehabilitated over
25% of the assessed tax value or for buildings expanded by 10% of
the square footage or more.
E.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided along all road frontages for all
parcels within the William Penn Highway Overlay District. Sidewalks
shall be provided by the developer or property owner for all new land
developments, replacement of the same use and/or changes of uses,
and for buildings reconstructed or rehabilitated over 25% of the assessed
tax value or for buildings expanded 10% of the square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications
(see Palmer Township Standard Construction Details) and installed
to connect to the lot line of adjacent parcels. Sidewalks constructed
along William Penn Highway shall begin at the right-of-way and be
constructed a minimum of five feet as measured toward the building
setback line.
F.
Signs.
1.
Height. Within the William Penn Highway Overlay District, ground
signs shall be limited to a maximum height of five feet. Freestanding
pole signs are prohibited.
2.
Area. Maximum sign area in the William Penn Highway Overlay District
shall be limited to 15 square feet in residential districts and 20
square feet in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary
for the sign to be readable. Internally illuminated signs shall be
prohibited in all residential districts in the Township. Where permitted
in nonresidential districts, internally illuminated signs shall have
a dark background with illuminated text that accounts for a maximum
of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white,
steady, stationary light. External light shall be directed at the
sign without light spillover and without causing glare for motorists,
pedestrians or neighboring properties. Signs may be backlighted with
a diffused or shielded light source if deemed necessary by the Township
to control glare. Backlighting shall illuminate the letters, characters
or graphics on the sign, but not its background, in order to shine
only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours
or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
All existing internally illuminated signs in a residential zoning
district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along
public streets, parking areas shall be connected to adjacent parcels
through rear or side yard access road. The intent is to provide a
secondary point of access in a grid pattern to uses within the William
Penn Highway Overlay District. Where a parking area is constructed
and is adjacent to an undeveloped nonresidential parcel, the access
drive shall be extended to the lot line for future connection.
b.
The use of shared access points is strongly recommended. Where
possible, two adjacent uses may share ingress and egress points to
serve both uses. This model will decrease the number of curb cuts
along William Penn Highway and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb
cut shall be retained for the consolidated lot. Any existing access
point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed
to shine back toward the principal building and shall not spill any
light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the
light from spilling over unnecessarily. Parking lighting fixtures
shall be lit during office hours or between the hours of 7:00 a.m.
and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side
of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A maximum of three parking spaces may be provided on the side of the building fronting the public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to
parking lots to provide for the safety of pedestrians accessing the
buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the William Penn Highway Overlay District
shall provide a prominent and highly visible street-level doorway
or entrance fronting to William Penn Highway.
2.
In order to maintain the character of the area, blank walls shall
not be permitted to face any land development proposed under this
ordinance. The street level facade of any building facing a public
street or access drive shall be at least 15% transparent. These requirements
shall apply to all new land developments and existing buildings reconstructed
over 50% of tax value.
3.
Exterior wall materials that are not permitted in the William Penn
Highway Overlay District include: large split face blocks, tilt-up
concrete panels, prefabricated metal panels, and standard concrete
masonry units.
A.
Community development objectives.
1.
To ensure safe and efficient pedestrian and vehicular travel along
the Freemansburg Avenue corridor by managing land uses and traffic
conflicts, decreasing the number of curb cuts, and establishing more
effective building and parking lot orientations.
2.
To encourage greater interest in design unification.
3.
To proactively manage the streetscape and character of the corridor
through the application of coordinated amenities including sidewalks,
landscaping, and signage.
4.
To build upon and improve the Freemansburg Avenue corridor by establishing
guidelines and standards for future development, reuse, and expansions.
5.
To design new developments that contribute to and have a relationship
to the community as a whole and avoid uses which negatively impose
upon neighboring residential pockets.
6.
To set standards for home conversions to enable flexibility while
also maintaining basic standards and minimizing land use conflicts.
7.
To keep traffic and the number of curb cuts to a minimum.
8.
To establish backyard buffers which protect adjoining residential
uses from light, noise, and other conflicts that may be caused by
nonresidential uses.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall
be permitted in the Freemansburg Avenue Overlay District as defined
within the respective base zoning districts unless specifically prohibited
herein.
a.
In addition, the following principal uses may also be allowed
as a permitted by right use:
i.
Uses permitted by right within respective base zoning districts.
ii.
Artisan, craft, exercise or performing arts studio.
iii.
Bank or financial institution (no drive-thru).
iv.
Bed-and-breakfast use.
v.
Business services establishment.
vi.
Day-care center, adult.
vii.
Day-care center, child.
viii.
Funeral home or mortuary.
ix.
Group home.
x.
Medical or dental clinics and laboratories.
xi.
Membership club, lodge or fraternal organization.
xii.
Mixed-use building.
xiii.
Office, professional.
xiv.
Personal care home or center.
xv.
Personal services establishment.
xvi.
Restaurant, sit-down.
xvii.
School, public or private.
xviii.
Single-family semidetached dwelling (twin).
xix.
Two-family dwelling (duplex).
xx.
Veterinarian office or animal hospital.
2.
Conversion of existing dwellings in the Freemansburg Avenue Overlay
District to nonresidential uses may be permitted, provided the following
conditions are met:
3.
Lot consolidation. If adjacent lots are under the control of a single
landowner in subdistricts A and B, the lots shall be consolidated
as a single lot prior to any land development.
4.
Regulations in this article must be followed upon change of use.
All conversions under this article shall be considered land developments
conforming to the Palmer Township Subdivision and Land Development
Ordinance and requiring a land development plan.
C.
Area and bulk regulations. Uses permitted within the Overlay District
shall follow respective base zoning district regulations, with the
following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 40 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804 Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to
90% opaqueness) on three sides by evergreen planting, fencing, and/or
walls. Screening shall block view of dumpster from streets and dwellings.
a.
Roll off dumpster or other similar large-scale trash storage
shall not be permitted at any location within the lot. Front load
dumpsters are permitted.
b.
Dumpsters and/or service areas shall not be located between
the front lot line and the front facade of the principal structure.
Dumpsters shall not be located within 75 feet of a residential dwelling.
c.
Trash collection shall not occur between the hours of 10:00
p.m. and 6:00 a.m.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a
minimum height of six feet and a maximum height of eight feet, maintained
in good repair, and with a parallel row of trees or shrubs, unless
the rear yard fronts onto an alleyway. At least 90% of the total surface
shall be opaque. For purpose of the buffer yard, chain-link-type fences
are not permitted.
b.
All building mechanical systems such as air-conditioning units,
exhaust systems, satellite dishes, elevator housing, and dumpsters
shall be integrated into the overall design and character of the building.
Landscaping and other screening devices, including decorative fencing,
shall be used to soften the view of these features from adjoining
properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts
a residential district or use, such paved areas shall have a permanent
staggered/offset row of bushes, four feet high at the time of planting,
with sufficient density to block car lights from shining into the
adjoining property. Upon written approval from the adjoining (i.e.,
affected) property owner, a four-foot fence with 90% opaqueness may
be substituted for the row of bushes, provided that it is not a chain-link-style
fence.
b.
The side yard buffer shall be provided by the developer or property
owner for all new land developments, changes of uses and/or replacement
with same use, and for buildings reconstructed or rehabilitated over
25% of the assessed tax value or for buildings expanded by 10% of
the square footage or more.
E.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided for along all road frontages on
all parcels within the Freemansburg Avenue Overlay District. Sidewalks
shall be provided by the developer or property owner for all new land
developments, replacement of the same use and/or changes of uses,
and for buildings reconstructed or rehabilitated over 25% of the assessed
tax value or for buildings expanded 10% of the square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications
(see Palmer Township Standard Construction Details) and installed
to connect to the lot line of adjacent parcels. Sidewalks constructed
along Freemansburg Avenue shall begin at the right-of-way and be constructed
a minimum of five feet as measured toward the building setback line.
F.
Signs.
1.
Height. Within the Freemansburg Avenue Overlay District, ground signs
shall be limited to a maximum height of five feet. Freestanding pole
signs are prohibited.
2.
Area.
a.
Maximum sign area in the subdistrict A of the Freemansburg Avenue
Overlay District shall be limited to 15 square feet in residential
districts and 20 square feet in nonresidential districts.
b.
Maximum sign area in subdistrict B of the Freemansburg Avenue
Overlay District shall be limited to 10 square feet in residential
districts and 15 square feet in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary
for the sign to be readable. Internally illuminated signs shall be
prohibited in all residential districts in the Township. Where permitted
in nonresidential districts, internally illuminated signs shall have
a dark background with illuminated text that accounts for a maximum
of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white,
steady, stationary light. External light shall be directed at the
sign without light spillover and without causing glare for motorists,
pedestrians or neighboring properties. Signs may be backlighted with
a diffused or shielded light source if deemed necessary by the Township
to control glare. Backlighting shall illuminate the letters, characters
or graphics on the sign, but not its background, in order to shine
only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours
or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
All existing internally illuminated signs in a residential zoning
district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along
public streets, parking areas shall be connected to adjacent parcels
through a rear or side yard access drive. The intent is to provide
a secondary point of access in a grid pattern to uses within the Freemansburg
Avenue Overlay District.
b.
The use of shared access points is strongly recommended. Where
possible, two adjacent uses may share ingress and egress points to
serve both uses. This model will decrease the number of curb cuts
along Freemansburg Avenue and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb
cut shall be retained for the consolidated lot. Any existing access
point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed
to shine back toward the principal building and shall not spill any
light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the
light from spilling over unnecessarily. Parking lighting fixtures
shall be lit during office hours or between the hours of 7:00 a.m.
and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side
of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A maximum of three parking spaces may be provided on the side of the building that faces a public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to
parking lots to provide for the safety of pedestrians accessing the
buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the Freemansburg Avenue Overlay District
shall provide a prominent and highly visible street-level doorway
or entrance fronting to Freemansburg Avenue.
2.
In order to maintain the character of the area, blank walls shall
not be permitted to face a public street. The street level facade
of any building facing a public street or access drive shall be at
least 15% transparent. These requirements shall apply to all new land
developments and existing buildings reconstructed over 50% of tax
value.
3.
Exterior wall materials that are not permitted in the Freemansburg
Avenue Overlay District include: large split face blocks, tilt-up
concrete panels, prefabricated metal panels, and standard concrete
masonry units.
A.
Community development objectives.
1.
To establish a coordinated approach for redevelopment and reinvestment
within the Township's eastern gateway, as recommended by the
Township Comprehensive Plan.
2.
To balance the nonresidential and residential needs and interests
for the Township's eastern gateway and for the Township as a
whole.
3.
To manage anticipated future redevelopment of the eastern end to
the Township along William Penn Highway into mixed-use retail, office,
research and development, and residential development options.
4.
To ensure that such future redevelopment compliments surrounding
land uses, encourages efficient land use, and promotes accessibility
to the Palmer Township trail network.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall
be permitted in the Eastern Gateway Overlay District as defined within
the respective base zoning districts unless specifically prohibited
herein.
a.
In addition, the following principal uses may also be allowed
as a permitted by right use:
i.
Uses permitted by right within respective base zoning districts.
ii.
Artisan, craft, exercise or performing arts studio.
iii.
Bank or financial institution (no drive-throughs).
iv.
Bar or tavern.
v.
Beverage production, microbrewery.
vi.
Beverage production, limited winery, meadery or cidery.
vii.
Beverage production, limited distillery.
viii.
Business services establishment.
ix.
Hotel or motel.
x.
Medical or dental clinics and laboratories.
xi.
Mixed-use building.
xii.
Multifamily dwelling, low-rise (garden apartments).
xiii.
Multifamily dwelling, mid-rise.
xiv.
Office, professional.
xv.
Personal services establishment.
xvi.
Planned development.
xvii.
Restaurant, sit-down.
xviii.
School, public or private.
xix.
Single-family attached dwelling (townhouse).
xx.
Retail establishment.
xxi.
Theater.
xxii.
Veterinarian office or animal hospital.
2.
No drive-through uses shall be permitted.
3.
No outdoor storage or display shall be permitted.
C.
Area and bulk regulations. Uses permitted within the Overlay District
shall follow respective base zoning district regulations, with the
following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
D.
Incentives. If a master planned development or mixed-use building
applying under the Eastern Gateway Overlay option meets all of the
standards of this article, the following development incentives may
be permitted:
1.
Lot area. The minimum lot area or minimum average lot area per dwelling
unit (as applicable) that would otherwise be required may be decreased
by 15%. Lot area used for nonresidential principal uses and their
accessory uses shall not be used as the basis for calculating density
of residential uses.
2.
Infrastructure density bonus. In addition to the decreased minimum
lot area or minimum average lot per dwelling unit set forth in Subsection
D(1) above, the Board of Supervisors may allow, at the sole discretion
of the Board of Supervisors after recommendation by the Planning Commission,
an increase in the total number of dwelling units permitted by Subsection
D(1), up to, but not exceeding, 25%, upon finding that the development
provides the Township with significant infrastructure improvements
that would not otherwise be required for the proposed development.
These infrastructure improvements shall address regional or off-site
traffic concerns, regional stormwater controls or other infrastructure
improvements of a substantial nature, as may be identified through
the Township Comprehensive Plan, regional transportation plan, Township
Capital Improvements Plan or other infrastructure improvement needs
that would not otherwise be required by this ordinance. The density
bonus calculation identified in this section shall apply to the overall
tract of land prior to any subdivision thereof.
a.
As part of the approval for infrastructure density bonus, the
Board of Supervisors may waive any restrictions on the number of dwelling
units permitted within a single acre. In no case shall the density
for the development exceed the following densities:
b.
Eligible contributions to infrastructure improvement may take
the form of either the actual construction of the identified improvements
or a payment to the Township in the amount of the determined improvement
value. As part of the approval, or if in affiliation with an outside
government agency approval process, the Board of Supervisors shall
determine the required form of the improvements.
c.
Infrastructure improvements provided in exchange for bonus density
are in addition to any on-site or off-site transportation or infrastructure
improvements required under the zoning ordinance or Subdivision and
Land Development Ordinance. Any bonus dwelling units shall be included
in the calculation of recreation fees or any other improvement requirements
which are calculated on a per-unit basis.
3.
Lot width. The minimum lot width that would otherwise be required
under the applicable area and bulk regulations may be decreased by:
4.
Street widths. All newly built local streets that would be abutted
on both sides by a development approved under this article shall have
a minimum street right-of-way width of 36 feet and a minimum cartway
width of 24 feet with additional width for any on-street parking spaces
present.
5.
Lot coverage. The maximum building coverage and the maximum impervious
coverage may each be 10% points higher than what would otherwise be
required.
6.
Setbacks.
a.
The minimum side and rear principal building setbacks that would
otherwise be required may be decreased by 15%, except all setback
requirements in the applicable district regulations shall still apply
abutting the exterior lot lines of the master planned development
or mixed-use building.
b.
Permitted accessory structures may be set back from any exterior
lot lines of a tract a minimum distance of 10 feet.
E.
Parking standards and interconnection.
1.
An applicant for a master planned development or mixed-use building
shall, as much as physically feasible, design an internal grid-like
street and driveway pattern that reduces ingress and egress points
to the development from William Penn Highway and promotes internal
circulation of traffic. Cul-de-sac streets shall not be permitted.
2.
As a condition by the Board of Supervisors, after a recommendation
by the Planning Commission, an applicant may provide a maximum of
20% of the required off-street parking using on-street spaces parallel
to the curb along an internal or approved local street, provided that
the applicant proves to the satisfaction of the Board of Supervisors
that such parking would be sufficient and safe and that the cartway
would be sufficiently wide to allow for such parking.
3.
No dwelling unit shall have an individual driveway from a public
street onto the required front yard of the lot. Dwellings are strongly
encouraged to only have garage access from private alley(s) in the
rear or from a shared parking garage. Any such alleys shall have a
minimum cartway width of 12 feet and shall be paved to Township standards
that would apply to a local public street, unless the Board of Supervisors
permit a modification under the Subdivision and Land Development Ordinance.
F.
Curbs, sidewalks, and pathways.
1.
A master planned development or mixed-use building applying under the Eastern Gateway Overlay option shall have curbs and sidewalks abutting all streets, except that under § 165-69 of the Subdivision and Land Development Ordinance,[1] the Board of Supervisors may approve an alternate pathway
system in place of part or all of the sidewalk system.
2.
See § 165-69B(1) of the Subdivision and Land Development Ordinance,[2] which provides the Township with the authority to require
bicycle or pedestrian pathways, including the Palmer Township trail
network.
G.
Building standards and orientation.
1.
Blank walls shall not be permitted to face a public street. The street
level facade of any building facing a public street or access drive
shall be at least 15% transparent.
2.
Exterior wall materials that are not permitted include: large split
face blocks, tilt-up concrete panels, prefabricated metal panels,
and standard concrete masonry units.
H.
Illumination & signage. Signage shall comply with appliable base
zoning standards.
1.
Lighting fixtures shall have hoods or shields to manage the light
spill over the outermost lot-line of the development.
2.
No lighted sign shall be excessively illuminated beyond which is
necessary for the sign to be readable.
3.
Externally illuminated signs shall be illuminated by a white, steady,
stationary light. External light shall be directed at the sign without
light spillover and without causing glare for motorists, pedestrians
or neighboring properties. Signs may be backlighted with a diffused
or shielded light source if deemed necessary by the Township to control
glare. Backlighting shall illuminate the letters, characters or graphics
on the sign, but not its background, in order to shine only on the
face of the sign and not spill over into the property.
I.
Open space. A master planned development or mixed-use building applying
under the Eastern Gateway Overlay option shall have a centrally located
common open space of a minimum 20,000 square feet. If such development
has more than 100 dwelling units, then such open space shall include
a minimum total of one acre.
1.
Such open space shall be well-landscaped following a plan approved
by the Township that shall include the planting of primarily deciduous
trees.
2.
Such open space shall include concrete, brick and/or decorative paving
pattern paths and sturdy weather-resistant wood or wrought iron benches
(or materials that in the determination of the Zoning Officer closely
resemble such materials).
3.
The ownership and maintenance of all common open space shall be responsibility
of the lot owner.
4.
Such open space required under this section shall not include slopes
of greater than 15%.
J.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to
90% opaqueness) on three sides by evergreen planting, fencing, and/or
walls. Screening shall block view of dumpster from streets and dwellings.
2.
Rear yard buffer. All buffer yard vegetation must be detailed on
site plans.
a.
Rear yard buffer strips shall be provided for all nonresidential
and multifamily residential uses, including master planned developments
and mixed-use buildings.
b.
Rear yard buffers shall include a minimum twenty-foot-wide landscaping
strip to act as a visual screen. The buffer shall be provided by the
developer or property owner for all new land developments, replacement
of the same use and or changes of uses, and for buildings reconstructed
or rehabilitated over 25% of the assessed tax value or for buildings
expanded by 10% of the square footage or more.
c.
Per every 40 lineal feet of perimeter, the landscaping strip
shall contain a combination of one deciduous tree having a caliper
of not less than three inches and a height of 10 feet at the time
of planting and two evergreen trees having a height of not less than
six feet at time of planting, plus five shrubs, per 40 lineal feet
of perimeter. The deciduous trees, evergreen trees, and shrubs shall
be chosen from the list of plant types for Palmer Township provided
in the Subdivision and Land Development Ordinance,[4] § 165-73, Street trees, tree preservation and historic buildings. Trees and shrubs shall be creatively planted within the ten-foot landscaping strip to include staggered placement and/or clustering.
d.
In addition to the required landscaped buffer, rear yards shall
include a permanent continuous fence with a minimum height of six
feet and a maximum height of eight feet, maintained in good repair,
and with a parallel row of trees or shrubs, unless the rear yard fronts
onto an alleyway. At least 80% of the total surface shall be opaque.
For purpose of the buffer yard, chain-link-type fences are not permitted.
e.
All building mechanical systems such as air-conditioning units,
exhaust systems, satellite dishes, elevator housing, and dumpsters
shall be integrated into the overall design and character of the building.
Landscaping and other screening devices, including decorative fencing,
shall be used to soften the view of these features from adjoining
properties.
f.
The rear buffer shall be installed and permanently maintained
by the applicant or his/her successor. Plants that are needed to form
the visual screen, which die or are removed, shall be replaced by
the landowner within five months of notification by the Township.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts
a residential district or use, such paved areas shall have a permanent
staggered/offset row of bushes, four feet high at the time of planting,
with sufficient density to block car lights from shining into the
adjoining property. Upon written approval from the adjoining (i.e.,
affected) property owner, a four-foot fence with 90% opaqueness may
be substituted for the row of bushes, provided that it is not a chain-link-style
fence.
b.
The side yard buffer shall be provided by the developer or property
owner for all new land developments, changes of uses and/or replacement
with same use, and for buildings reconstructed or rehabilitated over
25% of the assessed tax value or for buildings expanded by 10% of
the square footage or more.
K.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided along all building frontages. For
master planned developments, sidewalks shall additionally be provided
along all building fronts and on adjacent streets. Sidewalks shall
be provided by the developer or property owner for all new land developments,
replacement of the same use and/or changes of uses, and for buildings
reconstructed or rehabilitated, or for buildings expanded 10% of their
respective square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications
(see Palmer Township Standard Construction Details and other applicable
design standards) and installed to connect to the lot line of adjacent
parcels.
2.
Street trees.
b.
The placement of such trees in relation to the curb and sidewalk
shall be subject to approval of the Board of Supervisors under the
SALDO.
c.
The minimum trunk width shall be three inches instead of two
inches required in the SALDO.
d.
Such trees shall be planted a minimum average of 40 feet apart
per side of a street instead of the 50 feet required in the SALDO.
3.
Lighting. Any streetlight poles provided by a developer and any private
lighting poles within a traditional village under this article shall
have a maximum height of 20 feet. Decorative styles of streetlight
poles are strongly encouraged.
A.
Purpose, intent, and community development objectives. The purposes
of these provisions are as follows:
1.
To conserve the water, land, and wetland resources along a portion
of the stream corridor of Schoeneck Creek, Bushkill Creek and Lehigh
River, as recommended by the Palmer Township Comprehensive Plan.
2.
To conserve, protect, and restore these resources through scientifically
supported processes.
3.
To allow the Township to utilize its natural resources as scenic
and recreational amenities for the benefit of its residents by encouraging
connections between open spaces and enhancing their ecological value.
4.
To maintain and improve surface water quality by reducing the entry
of detrimental substances, including nutrients, sediments, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, and surface and subsurface water bodies.
5.
To enhance in-stream processing of nutrients and pollutants and to
reduce the downstream movement of nutrients and pollutants toward
the Bushkill Creek and the Delaware River.
6.
To integrate with floodplain, steep slope, and other environmental
provisions in this ordinance and other sections of the Township Code
to attenuate flooding, reduce soil loss, and minimize hazards to life,
property, and important riparian features.
7.
To reduce adverse aquatic health impacts due to changes in the temperature
of receiving waters as a result of stormwater runoff, loss of vegetative
shading, and direct discharges to Schoeneck Creek, Bushkill Creek
and Lehigh River.
8.
To improve and maintain the safety, reliability, and adequacy of
the Township's water resources for domestic, agricultural, commercial,
industrial, and recreational uses along with sustaining diverse populations
of aquatic plants and animals.
9.
To optimize the land use, siting, and engineering of development
to be consistent with the intent and objectives of this section and
with accepted conservation practices and to assure that the impacts
of such development remain within the carrying capacity of existing
natural resources.
10.
To reduce the entry of detrimental substances by restricting
development and uses in riparian areas that intercept surface water
runoff, wastewater, subsurface flow, and deep groundwater flows from
upland sources and where the processes of filtration, deposition,
absorption, adsorption, plant uptake, sediment and phosphorus attenuation,
denitrification, and infiltration may occur; encouraging sheet flow
and minimizing, mitigating and preventing concentrated flows of stormwater
runoff across riparian areas; and securing increased channel and bank
stabilization that avoids stream bank erosion and associated water
quality, quantity and flow harms.
11.
To assist in the implementation of pertinent state laws concerning erosion and sedimentation control practices of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.),[1] Title 25, and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environmental Protection (PA DEP)
and the Northampton County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
Applicability and extent.
1.
The Riparian Buffer Overlay District consists of the regulatory floodway and 100-year floodplain as regulated by the Commonwealth of Pennsylvania and applicable federal regulations. Uses or activities occurring within the Riparian Buffer Overlay District shall also comply with all applicable requirements as defined by § 190-506, Floodplain management.
2.
The provisions of this section shall apply when the following Township
submissions, reviews, and approvals are required, or when a violation
of this section requires an enforcement action:
3.
The provisions of this section shall not apply to the footprints
of existing primary and accessory buildings, existing driveways, crop
farming, lawns and gardens, sidewalks, bikeways, any use meeting the
definition of "essential services," or any utility structures that
by their nature cannot be located anywhere except within the Riparian
Buffer Overlay District.
4.
In interpreting the language of the Riparian Buffer Overlay District and the extent of underlying zoning district regulation upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to municipal interpretation of the applicability of the Riparian Buffer Overlay District shall be appealed in accordance with the requirements of Article I, General Provisions and Administration, of this chapter, and of Article IX, Zoning Hearing Board and Other Administrative Proceedings, of the Municipalities Planning Code (MPC), Act 247,[2] as amended.
[2]
Editor's Note: See 53 P.S. §§ 10901 to 10918.
5.
The applicant shall delineate, for the property as a whole, the extent
of the Riparian Buffer Overlay District on any plan that is submitted
for any review or approval.
6.
In cases in which riparian buffer requirements, as prescribe by 25
Pa. Code § 102.14, regulate to a greater extent than the
provisions of this section, then such state provisions shall supersede
the provisions of this section.
C.
Use regulations.
1.
Only the following uses by right shall be permitted on lots in the
Riparian Buffer Overlay District, provided that no structures associated
with those uses shall be permitted within 75 feet of the edge of any
applicable stream bank, or within areas designated on the FEMA map
floodplain, whichever is more restrictive.
2.
Any use or activity permitted in the base zoning districts may not
regrade, fill, or otherwise alter or subject to land disturbance more
than 20% of the lot's portion of the Riparian Buffer Overlay
District lying beyond 75 feet of the edge of any applicable stream
bank, or within areas designated on the FEMA map floodplain, whichever
is more restrictive.
3.
The following activities or practices are expressly prohibited in
the Riparian Buffer Overlay District:
a.
Clear-cutting of timber or high grading of forests.
b.
Removal or disturbance of vegetation in a manner that is inconsistent
with the regulations of this chapter.
c.
Planting invasive plant species.
d.
Use of fertilizers, pesticides, herbicides, and/or other chemicals,
except for selective herbicide application by a qualified professional
to control noxious weeds and invasive species of plants in riparian
buffers. For the purpose of this provision, a qualified professional
shall be licensed by the PA Department of Agriculture as a Commercial/Public
Pesticide Applicator and shall be certified in the applicator category
of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42,
as amended.
e.
Storage or discharge of any hazardous or noxious materials,
except those used during emergencies for the treatment and/or maintenance
of any public sewer and public water treatment facilities (i.e., generator
sets or alternative drive units).
f.
Motor or wheeled vehicle traffic in any area not associated
with a designated stream crossing, recreation trail or municipal utility
access affixed by their function.
g.
The disturbance of any land or water not associated with the
uses listed in Subsection C(3) above.
D.
Buffer restoration and planting requirements.
1.
All riparian buffer areas shall be continually maintained with a
diverse mix of locally adapted native species of canopy trees, understory
trees, shrubs, and herbaceous plants so as to constitute a forested
riparian buffer where not otherwise occupied by any existing use except
in accordance above.
2.
The applicant shall restore the impacted riparian buffer area from
100 feet of the centerline of any applicable stream, to a forested
riparian buffer, as a condition of any approval listed in above.
3.
Restoration of impacted riparian buffer areas shall occur as follows:
a.
Restoration planting shall be planted at a density sufficient
to provide a minimum of 200 trees per acre at canopy closure. The
following tree planting and spacing standards shall apply at installation:
i.
Seedlings: ten-foot spacing (approximately 435 seedlings per
acre) protected by five-foot tree shelters.
ii.
Bare root trees or container trees (at least six feet in height
for either): twelve-foot spacing (approximately 300 trees per acre).
Tree shelters, wraps, or other proven methods shall be required to
prevent damage from antler rubbing and herbivore browsing.
4.
To reduce competition from grasses and invasives, vegetation around
tree shelters shall be effectively controlled annually for a minimum
of four years. Mechanical removal of vegetation is recommended, however,
if spraying is necessary, it shall be completed by a qualified professional
licensed by the PA Department of Agriculture as a Commercial/Public
Pesticide Applicator and shall be certified in the applicator category
of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42,
as amended. Tree shelters shall be maintained at all times and removed
when the tree reaches 1.5-inch to two-inch caliper.
a.
Landowners who are enrolled in and fully in compliance with
the Conservation Reserve Enhancement Program (CREP) administered through
the USDA Northampton County Farm Service Agency are permitted to utilize
their streamside buffer restoration to satisfy the forested riparian
buffer restoration requirements of this section for as long as they
are enrolled in and fully in compliance with that voluntary program.
b.
Additional planting guidance may be obtained from PA DEP's
Bureau of Watershed Management Document Number 394-5600-001, entitled
"Riparian Forest Buffer Guidance, November 27, 2010."
5.
Applicants shall submit, and as a condition of approval for any application
listed in Subsection C(1), a planting and maintenance plan for impacted
riparian buffer areas. The plan shall be prepared by a registered
landscape architect or professional plant ecologist. The plan shall
identify the number, density and species of locally adapted native
trees appropriate to the site conditions that will achieve a minimum
of 60% uniform canopy coverage within 10 years. The plan shall describe
the maintenance program to be conducted by the buffer owner for a
minimum of five years, including measures to remove, and subsequently
control, invasive plant species, limit deer and rodent damage, and
replace deceased trees for the first four years. Applicants with riparian
buffer areas associated with a pending Township application, and which
are also enrolled in CREP, shall submit a plan showing the existing
or proposed streamside buffer planting that has been approved by the
USDA Northampton County Farm Service Agency.
6.
Any riparian buffer that is included within a lot created after the
effective date of this ordinance shall include as a condition of approval
of the subdivision creating the lot, a restrictive covenant approved
by the Township solicitor, and recorded with the final subdivision
or land development plan and the deed for the lot. The restrictive
covenant shall define the riparian buffer area, shall include binding
provisions for the adequate long-term functioning and integrity of
the riparian buffer, and shall include a requirement for notification
of all subsequent lot owners of its restrictive nature.
E.
Modifications to riparian buffer standards.
1.
For any use by right, conditional use, or use by special exception
subject to subdivision or land development review, as part of applicable
Plan submission, modification(s) may be requested to the provisions
of this article. Requested modification(s) may be granted at the discretion
of the Board of Supervisors pursuant to the provisions of the Palmer
Township Subdivision and Land Development Ordinance.[3]
2.
For any use or activity not subject to subdivision or land development
review, but subject to application for approval of a conditional use,
special exception, or zoning variance under the provisions of this
ordinance, the applicant may request modification(s) to the provisions
above.
3.
Applicants shall provide appropriate documentation in support of
their modification request, the Board of Supervisors may request additional
documentation of an applicant to help reach its decision.
4.
In consideration of approval of any applicant request for modification(s),
the following standards shall serve as the basis for a decision:
a.
That there are unique physical circumstances or conditions,
including, but not limited to, irregularity, narrowness, or shallowness
of lot size or shape, excessive frontage along a water body, presence
of existing buildings or structures, or exceptional topographical
or other physical conditions peculiar to the particular property;
and that because of such physical circumstances or conditions, it
is impracticable for the property to be developed in strict conformity
with the buffer requirements of this article and that the approval
of the modification is therefore necessary to enable the use of the
property under base zoning provisions.
5.
No alteration of the use regulations set forth in Subsection C shall be authorized as modification pursuant to this Subsection E. Any such requested alteration shall constitute an application for a use variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.
A.
Purpose. The purpose of the Parks, Recreation, and Open Space Overlay
District is to preserve certain recreational, natural, and scenic
areas of the Township for the benefits they provide to residents,
visitors, and wildlife, as well as to maintain areas historically
used as passive recreation for the community, such as cemeteries.
B.
Applicability and extent. The Parks, Recreation, and Open Space Overlay
District consists of all public park space owned and/or managed by
the Township, or other open space or areas as determined to be preserved
as such space by the Board of Supervisors.
C.
Use regulations.
1.
Only the following uses by right
shall be permitted on lots in the Parks and Recreation Overlay District[1]:
i.
Campground, limited to tent sites.
ii.
Cemetery.
iii.
Cemetery, animal.
iv.
Community garden.
v.
Crop farming.
vi.
Golf course.
vii.
Nature reserve.
viii.
Plant nursery.
ix.
Public park/recreation.
[1]
Editor's Note: The Parks, Recreation and Open Space Overlay
District.
2.
The following activities or practices are expressly prohibited in
the Parks, Recreation, and Open Space Overlay District:
a.
Clear-cutting of timber or high grading of forests.
b.
Removal or disturbance of vegetation in a manner that is inconsistent
with the regulations of this chapter.
c.
Planting invasive plant species.
d.
Storage or discharge of any hazardous or noxious materials,
except those used during emergencies for the treatment and/or maintenance
of any public sewer and public water treatment facilities (i.e., generator
sets or alternative drive units).
e.
Motor or wheeled vehicle traffic in any area not associated
with a designated stream crossing, recreation trail or municipal utility
access affixed by their function.
3.
Should the owner of a property within the Parks, Recreation, and
Open Space Overlay District desire to convert the present use to one
other than what is listed, approval must be granted by the Board of
Supervisors prior to the submission of any applications for development
or permits.
A.
Purpose. The purpose of the Airport Hazard Overlay is to designate
an area that considers safety issues around Braden Airpark and to
address requirements of the Pennsylvania State Aviation Code and Federal
Aviation Regulation No. 77 limiting building and structural height
in "airport hazard areas." These height restrictions are designed
to prevent any encroaching that would interfere with or obstruct normal
airplane approaches or airport operations. Such interference or obstruction
would pose a threat to the health, safety, welfare, and convenience
to residents of Palmer Township as well as passengers aboard aircraft.
The Airport Hazard Overlay is used to impose needed height restrictions
as a zoning overlay, thereby enhancing public safety.
B.
Extent of the Airport Hazard Overlay. The land and airspace covered
by the Airport Hazard Overlay are described in Subsection D(1) and
shall directly correspond to such primary, approach, transitional,
horizontal, and conical zones bound by the green lines depicted on
the Part 77 Surface Overlay map for Braden Airpark as attached to
this ordinance and also available from the Pennsylvania Department
of Transportation (PennDOT), Bureau of Aviation. If any doubt exists
as to the extent of the Airport Hazard Overlay over a particular lot
or portion of a lot, the provisions of the Airport Hazard Overlay
shall apply.
C.
Relation to other activities and zoning districts. The Airport Hazard
Overlay is an overlay district that only regulates the height of buildings
and structures. The underlying zoning district shall prescribe all
other zoning-related standards and uses imposed upon any lands within
the Township. In those instances where the Airport Hazard Overlay
prescribes a maximum height limitation more restrictive than that
specified elsewhere in this ordinance, the more restrictive standard
shall apply. The Airport Hazard Overlay shall not modify the boundaries
of any underlying zoning district.
D.
Use regulations.
1.
The maximum permitted height of a proposed building, structure, object,
or alteration of land shall be equivalent to the vertical height from
the ground surface to the slope of the relevant approach zone as calculated
below, or the maximum permitted height in the underlying zoning district,
whichever is lower.
a.
Visual Utility Runway Approach Zone - slopes 20 feet outward
for each one foot upward 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 centerline.
b.
Nonprecision Instrument Utility Runway Approach Zone - slopes
20 feet outward for each one foot upward 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 centerline.
c.
Visual Larger-Than-Utility Runway Approach Zone - slopes 20
feet outward for each one foot upward 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 centerline.
d.
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility
Minimum Greater than 3/4 Mile Approach Zone - slopes 34 feet outward
for each one 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 centerline.
e.
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility
Minimum As Low As 3/4 Mile Approach Zone - slopes 34 feet outward
for each one 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 centerline.
f.
Precision Instrument Runway Approach Zone - slopes 50 feet outward
for each one 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 centerline; thence slopes upward 40
feet horizontally for each one foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway centerline.
g.
Heliport Approach Zone - slopes eight feet outward for each
one foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a distance of 4,000 feet along
the heliport approach zone centerline.
h.
Transitional Zones - slopes seven feet outward for each one
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 (396.8 feet above mean sea
level, in the case of Braden Airpark). In addition to the foregoing,
there are established height limits sloping seven feet outward for
each one foot upward beginning at the sides of and at the same elevation
as the approach surface and extending to where they intersect the
conical surface.
i.
Heliport Transitional Zones - slope two feet outward for each
one foot upward beginning at the sides of and at the same elevation
as the primary surface and the heliport approach zones and extending
a distance of 250 feet measured horizontally from and at 90° angles
to the primary surface centerline and heliport approach zone centerline.
j.
Horizontal Zone - established at 150 feet above the airport
elevation (396.8 feet above mean sea level, in the case of Braden
Airpark).
k.
Conical Zone - slopes 20 feet outward for each one foot upward
beginning at the periphery of the horizontal zone and at 150 feet
above the airport elevation (396.8 feet above mean sea level, in the
case of Braden Airpark) and extending to a height of 350 feet above
the airport elevation.
2.
Notwithstanding any other provisions of this ordinance, no use shall
be made of land or water in such a manner as to create electrical
interference with navigational signals or radio communications between
airport and aircraft, make it difficult for pilots to distinguish
between airport lights and others, impair visibility in the vicinity
of the airport, create bird strike hazards, or otherwise endanger
or interfere with the landing, takeoff, or maneuvering of aircraft.
E.
Zoning permit requirements.
1.
A zoning permit shall be required for the proposed erection, extension,
or alteration of any structure or portion thereof or any object (natural
or man-made), within the Airport Hazard Overlay District.
2.
Prior to the issuance of any zoning permit, the Zoning Officer shall
review the application for the zoning permit to determine if all other
necessary government permits required by state and federal laws have
been obtained.
3.
Prior to applying for a zoning permit and at least 30 days prior
to commencing the permit action, the applicant shall notify the Pennsylvania
Department of Transportation (PennDOT), Bureau of Aviation, by submitting
PennDOT Form AV-57 to obtain an obstruction review of the proposal.
The Bureau of Aviation's response must be included with the zoning
permit application for it to be considered complete.
F.
Variances.
2.
All requests for a variance shall include documentation in compliance
with Federal Regulation Title 14 Part 77 Subpart B (FAA Form 7460-1,
as amended or replaced).
3.
Determinations of whether to grant a variance will depend on the
determinations made by the FAA and the Pennsylvania Department of
Transportation (PennDOT), Bureau of Aviation, as to the effect of
the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable airspace. In particular, the Zoning
Hearing Board shall consider which of the following determination
categories the FAA has placed the proposed erection, extension, or
alteration in:
a.
No objection. The subject construction/alteration is determined
not (to) exceed obstruction standards and marking/lighting is not
required to mitigate potential hazard;
b.
Conditional determination. The proposed construction/alteration
is determined to create some level of encroachment into an airport
hazard area which can be effectively mitigated; or
c.
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable.
4.
Any variance or zoning permit granted pursuant to the provisions
of this subsection may be conditioned, according to the process described
herein, to require the owner of the building, structure, or natural
growth in question or the person requesting the variance to install,
operate, and maintain such marking or lighting as deemed necessary
to assure both air and ground safety.
A.
Purpose. The purpose of the Historic Preservation Overlay is to preserve
buildings in the Township having historical, architectural and or
cultural importance. These regulations are designed to establish criteria
for the identification of buildings of historical, cultural and or
architectural value and to prevent the demolition of such buildings
upon the application of procedures and standards which are intended
to assess the impact that the demolition of such structures would
have upon the historic, cultural and or architectural values within
the Township.
B.
Establishment of overlay district.
1.
A separate zoning overlay district entitled the "Historic Preservation
Overlay District" is hereby created and shall overlie all zoning districts,
but shall apply only to those lots containing a building or contributing
building identified in the inventory. The Overlay District shall be
recorded on the Township Zoning Map.
2.
All of the zoning, subdivision and land development and Uniform Construction
Code regulations pertaining to the underlying zoning districts throughout
the Township shall remain in full force and effect, except that the
demolition of buildings in the Overlay District shall only occur in
compliance with this chapter.
C.
Criteria and procedures for identifying buildings for inclusion in
the Palmer Township Historic Building Inventory.
1.
Any building satisfying at least one of the following criteria may
be included on the inventory:
a.
Any building designated by the Secretary of the Interior as
a National Historic Landmark.
b.
Any building listed in the National Register of Historic Places.
c.
All buildings classified as "Certified Historic Structures"
by the Secretary of the Interior.
d.
A building that is a contributing building that is listed on
or eligible for the National Register of Historic Places.
e.
Any building that is at least 75 years old and:
i.
Is associated in some significant way with the historic, cultural
or architectural development of the Township, county, region, state
or nation;
ii.
Is associated in some significant way with an event or person
of importance to the history or culture or architecture of the Township,
county, region, state or nation;
iii.
Contains a feature or features associated with an era characterized
by a distinctive architectural style;
iv.
Contains a feature or features associated with a distinctive
architectural style or building type or engineering specimen;
v.
Is the work of a designer, architect or engineer whose work
significantly influenced the historical, economic, architectural or
cultural development of the Township, county, region, state or nation;
vi.
Contains elements of design detail, materials or craftsmanship
representing a significant innovation; or
vii.
Owing to its unique location or some singular physical characteristic,
represents an established and familiar landmark identifying a neighborhood
or business district.
2.
The Planning Commission shall apply the criteria set forth above
to assess the buildings in the Township for inclusion in the inventory.
In its deliberations, the Planning Commission shall consider that
any decision to include or exclude a building in or from the inventory
implicates both important private property rights and the public policy
of the Township that the historic, cultural and architectural heritage
of the Township is to be preserved.
3.
At the conclusion of its deliberations, the Planning Commission shall
prepare and present a report identifying those buildings proposed
to be included in the inventory, along with a summary of findings
pertaining to the various buildings proposed for the inventory.
4.
The Planning Commission shall report to the Board of Supervisors
their recommendations regarding the proposed Inventory. The deliberations
of the Planning Commission shall be guided by all of the criteria
set forth above.
5.
Upon receipt of the report of the Planning Commission regarding the
buildings proposed for inclusion in the inventory, Township Board
of Supervisors may, by resolution, determine which buildings to include
in the inventory, approving none or some or all of the recommendations
of the Planning Commission, upon deliberations utilizing the criteria
set forth above. Thereafter, the inventory resolved by the Board of
Supervisors shall be the Palmer Township Historic Building Inventory.
6.
At the time that Board of Supervisors promulgates the Historic Building
Inventory, the Township shall also prepare and publish an updated
Historic District Overlay Map, reflecting the geographic location
of the buildings included in the inventory to be incorporated into
this chapter.
7.
From time to time, on its own initiative or at the direction of Board
of Supervisors, the Planning Commission may review the inventory,
and utilizing the same deliberative process and criteria prescribed
above and present a report to the Board of with recommendations. Again,
the Board of Supervisors may amend the inventory by striking buildings
from the inventory or by adding buildings to the Inventory, by resolution,
upon deliberations utilizing the criteria set forth above.
D.
Demolition. No building included in the Palmer Township Historic
Building Inventory shall be demolished except in accordance with the
provisions set forth hereafter:
1.
An application to demolish a building on the inventory shall be deemed to be a conditional use application subject to all of the provisions of Article IX of this ordinance. Wherever § 190-902 of this ordinance refers to a proposed "use" or "development" or to any proposed objective of an applicant, for the purposes of this section, the word "demolition" shall be substituted therefor.
a.
Public notice shall be given and written notice shall be given
to the applicant, the Zoning Officer, and to all persons who own property
adjoining or across a public street from the property. In addition,
Board of Supervisors may direct that a copy of the public notice be
given to other Township residents or organizations who or which have
requested a copy of the notice, and to the Planning Commission.
2.
In addition to the general conditions for conditional uses identified in § 190-902 of this ordinance, the following specific conditions and considerations shall apply to all applications to demolish a building contained in the inventory:
a.
Inclusion of a building in the inventory shall be conclusive
proof that the building satisfied the criteria established above at
the time the building was included in the inventory.
b.
In the absence of clear and convincing evidence of a pertinent
significant change in circumstances relating to a building or its
immediate environs having occurred since the time a building was included
in the inventory, the Board of Supervisors shall not reconsider whether
or not the building is properly included in the inventory.
c.
Before granting any permit to demolish a building in the inventory,
the Board of Supervisors may consider the feasibility of permitting
an applicant to establish additional or different uses in a historic
structure, even where such uses may not be consistent with current
zoning restrictions, to encourage an owner to retain rather than demolish
a structure. While such uses may not be consistent with underlying
zoning regulations, additional or different uses should be compatible
with existing zoning regulations. The Board of Supervisors may permit
such additional or different uses as a conditional use.
3.
Where the Board of Supervisors does decide to permit demolition of
a building, the Board may determine that such demolition is only appropriate
upon the imposition of conditions, without which conditions the demolition
must not occur. Such conditions include but are not limited to:
a.
Imposition of a ninety-day waiting period prior to demolition
to permit the applicant to review alternatives to demolition.
b.
The applicant may be required to adequately record and document
the historical and architectural features of the building, including
but not limited to, photographs, floor plans, video recording, a site
plan, a historic narrative or a written architectural description
of the building. The Board may also require that the recording and
documentation of the building be accomplished by a qualified historic
preservation consultant. The applicant may be required to provide
a sufficient number of copies of any of the materials required to
be prepared in this subsection to the Township. The Board may also
require, in appropriate circumstances, an applicant to employ the
services of a professional historic preservation consultant to perform
a Historic American Building Survey (HABS) to document the historic
building to be demolished.
c.
The applicant may be required to remove distinctive exterior
architectural or historical features from the building and to donate
them to the Township for use within the Township.
d.
The applicant may be required to design any new building replacing
the demolished building in a fashion designed to preserve the historic,
architectural and or cultural values existing in the neighborhood.
The applicant may also be required to follow other architectural standards
as required by the Board of Supervisors.
e.
The Board may require an applicant to install appropriate landscaping
features on properties following demolition of a building where the
applicant has no immediate plan to construct a new building (such
as properties proposed to be used as vacant lots, parking lots, open
space or parks). The Board may require landscaping features that are
consistent with the historic, cultural and or architectural values
in the surrounding area.
|
The Board may impose any other reasonable conditions and safeguards
to promote the objectives of this section.
|
E.
Enforcement. No building contained on the inventory shall be demolished
in the absence of approval of the Board of Supervisors in accordance
with the provisions of this section. Any violation of this section
shall be subject to the penalties provided in this chapter and, in
addition, shall permit the Township to apply for injunctive relief
to enjoin the violation or further violation of this section or to
restore the condition of a building improperly demolished.
A.
Purpose. The purpose of the Government/Institutional Overlay is to
provide for the needs of regionally oriented institutional uses; to
preserve the open character of large areas of the Township which are
now dominated by or suited to institutional and quasi-public uses;
and to encourage a harmonious pattern of institutional development
which can mutually benefit the Township and the institutions themselves.
B.
Use regulations.
1.
Only the following uses shall be permitted by right on lots in the
Government/Institutional Overlay:
C.
Area and bulk regulations. Uses permitted within the Overlay District
shall follow respective base zoning district regulations, with the
following exceptions:
1.
Lot area: a minimum of five acres.
2.
Maximum lot coverage: 30% maximum for all principal and accessory
buildings. The total impervious coverage shall not be greater than
50% of a lot.
3.
Front yard setback: a minimum of 100 feet.
4.
Side yard setback: a minimum of 75 feet.
5.
Rear yard setback: a minimum of 75 feet.
6.
Height: a maximum of 60 feet.
D.
Building location and spacing.
1.
The greatest dimension in length or depth of a building shall not
exceed 400 feet, but no more than three buildings may be attached
to each other. Furthermore, a building shall include design elements
so as to create an architecturally pleasing view of the building,
notwithstanding the length and depth of same.
2.
The distance at the closest point between any two buildings or groups
of attached buildings, including accessory buildings, shall not be
less than 30 feet but shall be at least as great as the average height
of the two adjacent buildings.
3.
In no case shall the width of a building or the aggregate widths
of buildings fronting on a street on the same lot exceed 80% of the
width of the lot.
4.
These regulations on building location and spacing shall apply to
both accessory and principal structures.
E.
Special development regulations.
1.
The tract of land on which each permitted use is conducted shall,
in its entirety, be owned and operated as a single or common management
and maintenance unit, with common open space, parking, utility, maintenance
and service facilities and services.
2.
The land surrounding any permitted use shall be landscaped, except
for paved areas such as sidewalks, multi-use paths, bike lanes, accessways
and play areas.
3.
Any accessory building or structure which is industrial or nonresidential
in appearance, such as a boiler room or maintenance shop, shall be
suitably screened or shall be located so as to be least observable
from a public street or property line.
4.
No truck or maintenance vehicle and no materials or goods shall be
stored out of doors where they can be seen from a public street or
property line.
