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Allen Township City Zoning Code

PART 14

PERFORMANCE STANDARDS

§ 27-1400 Compliance.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1400]
All uses and activities shall comply with the standards in this Part 14.

§ 27-1401 Lot Use Requirements.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1401]
1. 
Any proposed use must be a permitted use in that district (either by right or upon receiving conditional use approval) or must have received a variance for its use.
2. 
This chapter does not prohibit more than one of the same use or more than one principal use on any lot. If this condition is proposed, no part of a required minimum lot area or required open space can be used by another use or structure to meet its required minimums. Unless otherwise permitted by the Board of Supervisors during subdivision and/or land development review, any use or structure must occupy a portion of the lot sufficiently sized and oriented to allow it to be subdivided from that parent tract without creating any nonconformities.

§ 27-1402 Visibility at Street Intersections.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1402]
On a corner lot, within the triangular area computed by the method described below, nothing shall be erected, placed, or allowed to grow to a height in excess of two feet above the center line grades of the intersecting streets.
A. 
No vehicle, object, or other obstruction of a height in excess of two feet shall be parked or placed within the clear sight triangle depicted below.
B. 
No hedge, shrub, tree, or other growth shall be maintained within the clear sight triangle at a height in excess of two feet except existing trees.
(1) 
Leaves and branches of existing trees within the clear sight triangle shall be trimmed away to a height of at least 10 feet above the center line grades of the intersection streets.
C. 
The area of the clear sight triangle to be preserved at intersections is determined by connecting a straight line between two points. Each point is on the center line of one of the intersecting streets a distance "d" from the point of street center line intersections.
"d"
Township Designation for Major Streets
75 feet
Local
90 feet
Collector
120 feet
Arterial
(1) 
Example of clear sight triangle — a right-angle intersection.
 27-1402 1.tif
(2) 
Example of a clear sight triangle — a non-right-angle intersection.
 27-1402 2.tif
D. 
Clear sight triangle requirements have precedence over any other setback, yard, or other requirements, unless they are not more stringent than the clear sight triangle requirement; the most demanding requirement shall apply.
E. 
The clear sight triangle extends from a vertical height of two feet to a vertical height of 10 feet at minimum.
F. 
Traffic directional signs and parts thereof are excluded from the requirements of this section.

§ 27-1403 Yard Requirements.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1403]
1. 
Minimum yards shall be required from all public and private roads, streets, highways, and property lines.
2. 
The required front yard varies depending upon the functional classification of the road, street, or highway; the functional classification of roads in the Township is delineated on its Official Map.
3. 
Setback Requirements. No building or structures shall be placed within any required yard or ultimate road, street, or highway right-of-way line except lamp posts, driveways, mail boxes, sidewalks, and utility lines, or such incidental items as may be agreed to by the Board of Supervisors during the site or land development plan review.
A. 
In the case of a proposed street, the street right-of-way line, the street classification, and the setback line shall be shown on the subdivision plan.
4. 
Where a lot extends through from street to street or in the case of a corner lot, the applicable front yard setback requirements shall be applied to both streets.
5. 
Exceptions for Existing Alignment. If the alignment of existing buildings on either side of a lot within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the Supervisors may accept the average of such existing alignment within that distance as the required front yard, but in no case shall the front yard be less than 20 feet.
6. 
Projection into Yards. Ground-story bay windows, porches, and chimney flues may project into required yard areas no more than four feet [ADA required facilities are exempt]. Such projections shall not occupy more than 1/3 the length of the building wall. Cornices and gutters may project not more than two feet into a required yard. Fire escapes may be permitted in accordance with this section in side and rear yards only.

§ 27-1404 Sructures and Fences in Yards and Setbacks.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1404, as amended by Ord. 2013-07, 11/14/2013]
1. 
A fence shall be permitted on any property line. All fences shall be installed with the finished side of the fence not containing the support beams or posts facing toward the neighboring property.
2. 
No fence shall exceed the following height limitations.
A. 
Any fence located within the front yard shall be a maximum of 36 inches high and be able to be seen through from the street.
B. 
No fence shall exceed six feet in height for a residential use.
C. 
No fences shall exceed 10 feet in height in a commercial/industrial use. Additional security measures above 10 feet may be approved by the Board of Supervisors.
3. 
(Reserved)
4. 
The clear site triangle regulations in § 27-1402 may not be violated.
5. 
No proposed fence, structure, or wall is permitted within the existing or ultimate right-of-way of a public street, public easement, or clear-sight triangle without the express permission of the Board of Supervisors.

§ 27-1405 Environmental Performance Standards.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1405]
1. 
Applicability. The Zoning Map identifies the following environmental features: floodplains, forest and steep slopes.
2. 
Overlay Concept. The environmental features shown on the Zoning Map are considered to apply an overlay zoning designation supplementing the requirements of the underlying district. The more-restrictive requirement shall apply.
3. 
Discrepancies and Additional Environmental Regulations. Applicants may dispute the presence of environmental features on his/her site by presenting a plan for Township review based on actual field measurements and/or calculations and certified by a professional land surveyor or a professional engineer. The Zoning Officer shall review the plan and make the final determination, accepting review from the Township Engineer, the Planning Commission, and the Board of Supervisors, if necessary. Also, environmental features not identified on the Zoning Map may be present on a site. All applicable environmental performance standards contained in this Part must be followed and the features shown on the applicant's site plan; land development plan, and/or subdivision plan.
4. 
Floodplains. All such lands shall remain as permanent open space, unless otherwise allowed in § 27-1418.
5. 
Steep Slopes. In areas of steep slopes, i.e., those above 8%, the following standards shall apply.
[Amended by Ord. 2005-07, 3/22/2005]
A. 
If public water and sewer facilities are not available, the following requirements shall apply to all lots:
(1) 
Fifteen Percent to 25%. If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 15% to 25%, the required minimum lot size and required minimum lot width shall double, and the required maximum density and coverage shall be halved.
(2) 
Twenty-Five Percent or More. If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes greater than 25%, the required minimum lot size and required maximum lot width shall triple, and the required maximum density and coverage shall be 1/3 of the specified maximum.
(3) 
Any earthwork performed on a slope of 8% or greater must have a grading plan, following the requirements of Ordinance 90-3, as amended.
(4) 
Performing grading to avoid requirements of this chapter is hereby prohibited.
(5) 
In the case of property containing both steep slopes and forests, the more-restrictive minimum lot size and required maximum lot width shall be applied.
B. 
If public water and sewer facilities are available, the following requirements shall apply to all lots:
(1) 
Single-Family Detached and Single-Family Semidetached.
(a) 
Any earthwork performed on a slope of 8% or greater must have a grading plan, following the requirements of Ordinance 90-3, as amended.
(b) 
If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 33%, the required minimum lot size and required minimum lot width shall be 1.5 times the required size and width.
(2) 
Multiple-Family and Townhouses.
(a) 
If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 20%, the maximum density for multifamily and townhouse units shall be three units per acre, and the maximum number of units in a townhouse grouping shall be four units.
(b) 
No multifamily or townhouse structure shall be constructed on a lot where the slope anywhere within the building setback lines exceeds 25%.
6. 
Forest. Properties which contain forests, as defined by this chapter, subsequent to the effective date of this chapter, shall be subject to the following regulations:
A. 
The minimum lot size, maximum density of development permitted, and maximum lot coverage for any property containing forests is established in accordance with the following requirements.
Residential Lot Size, Lot Width Development Density, and Cover Factors
Percent of Property Covered by Forest
Lot Size and Width Factor*
Development Density and Cover Factor**
0% to 25%
1.0
1.0
25.1% to 50%
1.5
0.67
50.1% to 100%
2.0
0.50
Nonresidential, Development Density and Cover Factor
Percent of Property Covered by Forest
Development Density and Cover Factor**
0% to 25%
1.0
25.1% to 50%
0.85
50.1% to 100%
0.75
NOTES:
*
This factor shall be multiplied by the zoning district lot size and width requirement to obtain the adjusted minimum lot size and width.
**
This factor shall be multiplied by the zoning district density and lot coverage requirement to obtain the adjusted maximum allowed development density and lot coverage.
B. 
Removing forests or existing trees to avoid requirements of this chapter is hereby prohibited.
C. 
A minimum of 80% of forest area shall be preserved as undisturbed forests, except for removal of dead or diseased trees, and/or except for normal removal of trees for prudent forest management to allow for proper tree growth. This calculation of 80% in both cases shall be made after the lot size criteria of this chapter have been met as listed above. If the preservation of forests (as required by this section) results in less development density and on-lot coverage than otherwise allowed, the more restrictive requirement shall be utilized.
D. 
The "forest" definition and delineation shall be determined on the basis of lot lines that exist as of the effective date of this chapter. The delineation of forests shall be made during the preparation of any subdivision or land development plan for approval by the Township, on the basis of the property prior to the creation of building lots in any proposed subdivision. Once the delineation of forests is made, the lot layout for that subdivision and/or development density and coverage for that subdivision and/or land development plan would be based upon the criteria of this section.
E. 
In any case, if a lot owner wished to develop a single lot with a single-family detached dwelling, the owner shall be permitted to remove the minimum amount of forest required for construction of his dwelling and grading of his building and normal accessory items (for example: driveway, septic system, pool, shed, etc.).
F. 
In the case of property containing both steep slopes and forests, the more restrictive minimum lot size and required maximum lot width shall be applied.
7. 
Lakes, Ponds, Wetlands, or Watercourses. These areas shall be left as permanent open space. Quarries are not included in this section.
A. 
Lake Shorelines. The shorelines of lakes, to a distance of 300 feet from the shorelines, shall contain no more than 10% impervious surfaces. At least 70% shall be permanent open space.
B. 
Pond Shorelines. The shorelines of ponds shall, to a distance of 100 feet from the shorelines, contain no more than 10% impervious surfaces. At least 80% shall be permanent open space.
8. 
Stormwater. Stormwater management for all subdivisions and land developments consistent with the Township Stormwater Management Ordinance must be provided.
9. 
Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage control erosion in accordance with the Clean Streams Law, PL 1987, Chapter 102, Latest Edition, as amended.

§ 27-1406 Buffer Yards.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1406; as amended by Ord. 2005-08, 3/22/2005, § 1; and by Ord. 2015-03, 6/11/2015
Buffer yards are required for mobile home parks, golf courses and for any use in the HC, I, and I/C Districts where it adjoins any property in a residential zoning district or any existing residential properties, or any publicly owned recreational facility (excluding linear parks).
A. 
In multifamily subdivisions and mobile home parks, the buffer yard shall be part of the open space and not part of the lot area assigned to a dwelling unit, unless open space is not required for the development.
B. 
The buffer yard shall be measured from the district boundary line, property line or from the near street where a street serves as the district boundary line or property line.
C. 
The buffer yards may be coterminous with required front, side and rear yards, and, in case of conflict, the larger yard requirements shall apply.
D. 
In all buffer yards, the exterior twenty-five-foot width (30 feet in multifamily subdivisions and 12 feet for a hospital) shall be maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations. The treatment of invasive or exotic species shall be performed in accordance with the best management practices endorsed by the Pennsylvania Invasive Species Council and in accordance with State and Federal regulations for any application of herbicides. In addition, sufficient documentation shall be provided to the Township by the property owner to demonstrate that any proposed buffer planting material is not subject to any active act and/or quarantine pursuant to Federal or Commonwealth regulations governing invasive and/or exotic species.
E. 
No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yard; however, parking of passenger automobiles shall be permitted in the portion of the buffer yard exclusive of the exterior ten-foot width.
F. 
All buffer yards, except residential subdivisions or mobile park homes, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be located within the buffer yard, and shall be in accordance with the following requirements:
(1) 
Plant materials used in the screen planting shall be at least four feet high when planted and shall be of such species as will produce a dense visual screen at least eight feet high within four years. In addition, sufficient documentation shall be provided to the Township by the property owner to demonstrate that any proposed buffer planting material is not subject to any active act and/or quarantine pursuant to Federal or Commonwealth regulations governing invasive and/or exotic species.
(2) 
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(3) 
The screen planting shall be so placed that at maturity it will be not closer than three feet from any street or property line.
(4) 
In accordance with the provisions of this chapter, a clear sight triangle shall be maintained at all street intersections and all points where private accessways intersect public streets.
(5) 
The screen planting shall be broken only at points of vehicular or pedestrian access and required drainage.
G. 
In multifamily subdivisions and mobile home parks, the following shall apply:
(1) 
The buffer yard may be averaged. The width in Subsection J below is average with the minimum being 60% of the average.
(2) 
All existing deciduous and coniferous trees above two inches caliper and/or six feet in height shall be preserved in the buffer yard except where clearance is required to ensure sight distances. Any removal should, where feasible, involve relocation rather than clearing.
(3) 
Buffer width and planting material shall be laid out to respect existing or proposed off-site uses. The minimum width may be used where compatible single-family uses adjoin, or where the property abuts nonbuildable land. The object of planting shall be defined in the plan as visual barrier, noise barrier or to prevent access to hazardous areas.
(4) 
Generally, a minimum of 25% of plant material shall be evergreen and 10% flowering. Planting shall be adequate in quantity to fully cover the minimum thirty-foot buffer, but may be clumped or grouped for maximum efficiency.
(a) 
Where noise and glare are problems, 50% of the plantings shall be evergreens.
(b) 
Where hazardous conditions exist, hedgerows with thick, thorny plants are desirable (excluding noxious weeds). Plantings should be such as to make access difficult.
(c) 
Where visual screening is most important, evergreens and flowering trees should increase to 50% of the total.
(5) 
Self-maintaining ground cover or grass shall be planted to the edge of the buffer.
(6) 
The buffer must produce a dense visual barrier to a height of eight feet within four years.
(7) 
The screen planting shall be broken only at points of vehicular or pedestrian access and required drainage.
H. 
No screen planting shall be required along streets that form district boundary lines, provided that:
(1) 
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located as to be visible from the adjacent residential properties or residential districts (R, R1, R2 and R3).
(2) 
Only the front of any proposed building shall be visible from the adjacent residential properties or residential districts (R, R1, R2 and R3).
I. 
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards; the placement, species and size of all plant materials; and the placement, size material and type of all fences to be placed in such buffer yard shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
J. 
Size of Buffer Yards. The following are the required buffer yard widths for each use requiring a buffer yard. Unless noted otherwise, the buffer yard is applicable to any property line adjacent to a residential property or residentially zoned (R, R1, R2 and R3) property, or publicly owned recreational facility (excluding linear parks).
(1) 
Multifamily garden apartments: 30 feet with no more than 30% of the required open space area (if any) in the buffer yard.
(2) 
Mobile home park: 50 feet on all property lines.
(3) 
Golf courses: 50 feet.
(4) 
Hospital: 12 feet.
(5) 
Office uses: 25 feet.
(6) 
Commercial uses: 25 feet.
(7) 
Industrial uses: 25 feet.
K. 
The buffer yards shall be shown on any required site plan, land development plan and/or subdivision plan and shall be sealed by a registered landscape architect.
L. 
The buffer yard landscaping and/or barriers must be permanently maintained by the property owner and any dead landscaping replaced. A protective easement shall be provided.
M. 
At the discretion of the Board of Supervisors, the Board of Supervisors may accept the existence of existing, mature tree lines as meeting the requirements of this section. A protective easement shall be required to ensure their preservation and maintenance.
N. 
A raised berm shall be provided in the buffer yard which shall be undulating and shall have an average height of six feet, or as otherwise approved by the Board of Supervisors during site or land development plan review.
[Added by Ord. 2017-02, 3/28/2017]
O. 
The raised berm shall be planted with a dense screen planting consisting of a minimum of six different trees, 50% of which shall be evergreen, and dense shrub understory plantings (noninvasives, native preferably). The minimum height of the screen planting evergreen trees shall be eight feet at the time of planting as measured from finished grade.
[Added by Ord. 2017-02, 3/28/2017]
P. 
All street tree plantings within the Industrial and Industrial Commercial Zoning Districts shall be a minimum caliper of four to 4.5 inches as measured three feet above finished grade.
[Added by Ord. 2017-02, 3/28/2017]

§ 27-1407 Hazards and Nuisances.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1407]
1. 
No land or building in any zoning district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electromagnetism; or other condition, substance, or element; in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises.
2. 
Procedures.
A. 
An application for a building permit or a certificate of occupancy for a use shall include a plan or proposed construction and a description of the proposed machinery, operations and products, and specification for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section.
B. 
The applicant shall also file with such plans and specifications a statement acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times.
C. 
Fire and Explosion Hazards. All activities involving, and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of State and local laws and regulations shall also apply.
D. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond any lot line; nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
(1) 
Vibrations occurring at higher than 50 cps frequency or aperiodic vibrations shall not induce acceleration exceeding 0.001g.
(2) 
Single-impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
E. 
Noise. Excessive levels of sound and vibration are detrimental and harmful to the health, comfort, living conditions, welfare and safety of citizens and injurious to their property.
[Amended by Ord. 2015-03, 6/11/2015]
(1) 
Definitions. The following words, terms and phrases, when used in this Section, shall have the meaning ascribed to them below, except where the context clearly indicates a different meaning. All terminology and sound measurements referred to in this Section shall be in conformance with the applicable publications of the American National Standards Institute, or its successor body.
NOISE
Any undesired sound.
DECIBELS (db)
A unit of measurement of the sound pressure level equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (that is, 20 micronewtons per square meter). Sound pressure is the instantaneous difference between the actual pressure and the average or barometric pressure at a given point as produced by sound energy.
SOUND LEVEL
The quantity in decibels obtained by the use of a sound level meter, which is an instrument that includes a microphone, amplifier, output meter, and frequency weighing networks used for the measurement of noise and sound levels in a specified manner.
A-WEIGHTED SOUND LEVEL [dB(A)]
The frequency weighing network that shall be used for the measurement of noises applicable to this Section is that designated as "A" by the American National Standards Institute. The A-weighted sound level denoted by dB(A) is the sound pressure level in decibels as measured by a sound level meter using the A-weighing network.
PURE TONE
Any sound that can be heard essentially as a single pitch or a set of single pitches. For the purposes of this Section, a pure tone shall exist if the one-third octave bank sound pressure level for the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous octave bands by 5 db for center frequencies of 500 Hz (that is, 500 cycles per second) and above, and 8 db for center frequencies between 160 and 400 Hz, and by 15 db for center frequencies less than or equal to 125 Hz.
(2) 
Noise Prohibitions.
(a) 
A person shall not cause or permit noise levels to emanate that exceed those specified in the following table, including Subsection 2E(2)(b) and (c), except as exempted by Subsection 2E(2)(d).
Maximum Allowed Noise Level for All Land Uses in a Receiving Zoning District at a Receiving Property Boundary, Expressed as A-weighted Decibels ["dB(A)"]
Zoning District
Daytime*
Nighttime**
I, I/A, I/C(1)
75 dB(A)
75 dB(A)
HC(2)
67 dB(A)
62 dB(A)
A, R, R1, R2, R3, NC, MHP (3)
60 dB(A)
55 dB(A)
NOTES:
*
A-weighted sound level maximum allowed for the period 7:00 a.m. to 10:00 p.m.
**
A-weighted sound level maximum allowed for the period 10:00 p.m. to 7:00 a.m.
(1)
I/C — Industrial/Commercial; I/A - Industrial/Airport; I - Industrial.
(2)
HC — Highway/Commercial.
(3)
A-Agricultural; MHP — Mobile Home Park; R1 — Low-Density Residential; R2-Medium-Density Residential; R3-High-Density Residential; NC — Neighborhood Commercial.
(b) 
A person shall not cause or permit the emission of a pure tone that exceeds an A-weighted sound level 5 dB(A) lower than the applicable maximum given in the above table.
(c) 
A person shall not cause or permit an A-weighted sound level to emanate from construction or demolition activities that exceeds during daytime hours 90 dB(A) or during nighttime hours the maximum stated in the above table for the applicable land use.
(d) 
Exemptions. The provisions of the Section do not apply to:
[1] 
Devices used only for the purpose of warning, protecting, or alerting the public, or some segment thereof, of the existence of an emergency or emergency work.
[2] 
Motor vehicles on public rights-of-way, aircraft, trains, and emergency, utility or public operations, including snow removal. See the separate Township Noise Ordinance, which regulates vehicle noise.
[3] 
Sounds created by Township-recognized sporting, amusement, entertainment, and other public gatherings conducted pursuant to other Township permits or ordinances. This exception includes, but is not limited to, public athletic contests, festivals, carnivals, fairs, parades, celebrations, and concerts.
[4] 
Unamplified human voices.
F. 
Odor. No emission of noxious odor other than agricultural in nature as perceived by the human olfactory sense at any lot line shall be permitted.
G. 
Air Pollution. No fly ash, fume, vapor, gas, or other form of air pollution shall be permitted that exceeds any air pollution standard or air quality criteria established by the Bureau of Air Environmental Protection. Specific standards and regulations are contained in the Bureau's Regulations, as amended.
H. 
Glare.
(1) 
Direct glare is defined for the purpose of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining.
(2) 
Indirect glare is defined for the purpose of this chapter as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(3) 
No direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, such luminaries shall be placed not more than 16 feet above the ground level and the maximum illumination at ground level shall not be in excess of three footcandles.
(4) 
A luminary less than four feet above the ground may have a cone angle of 90°.
(5) 
Indirect glare produced by illuminating a reflecting surface shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement.
(6) 
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
I. 
Liquid or Solid Wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with State Health or Environmental Protection Department Standards, Township standards, or other regulating agency standards.
(1) 
Materials of such nature or temperature that will contaminate any water supply or otherwise cause the creation of dangerous elements shall be prohibited.
(2) 
The accumulation of solid or liquid wastes conducive to the breeding of rodents or insects thus formulating a health or safety hazard shall be prohibited.
J. 
Radioactive or Hazardous Waste. No radioactive or hazardous waste, as defined by the United States Environmental Protection Agency, shall be stored or disposed of in any district.
K. 
Storage of Gas, Liquids, and Solids.
(1) 
No underground or subsurface storage of chemicals, either gas, liquid or solids shall be permitted in any district, except for underground storage of petroleum products as regulated by the State Police and/or other state or federal regulatory agency.
(2) 
No above ground or surface storage of chemicals, either gas, liquid or solids in any quantity in excess of 20 cubic feet in volume, shall be stored or maintained within 300 feet of a residential district boundary, or within 300 feet of a residential dwelling, except for chemicals, such as heating oil, or propane, which may be required for the normal heating and cooling of a building and fire suppressant chemicals developing chemicals and janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

§ 27-1408 Waiver of Height Requirements.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1408]
1. 
Nothing herein shall restrict the height of a church spire, cupola, dome mast, belfry, clock tower, radio tower, or transmission line, flagpole, water tank, elevator, or stair bullhead, stage tower, scenery loft, smoke stack, silo or similar structure, so long as sufficient yard exists, adjacent to such structure, to allow such structure to fall completely within the lot lines if such structure were to fail. All federal airport regulations must be followed.
2. 
Structures for which height restrictions have been waived shall not have a lot coverage at the base in excess of 10% of the lot area.
3. 
Structures for which height restrictions have been waived shall not be used for residency or tenancy purposes.
4. 
Structure for which height restrictions have been waived shall not have any advertising sign or device inscribed upon or attached to such structures.

§ 27-1409 Traffic Impact Study.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1409]
The Township reserves the right to require a traffic impact study in accordance with provisions hereinafter set forth, if in the opinion of the Township, the proposed use could generate significant traffic flow. The traffic impact study shall be based on the following criteria:
A. 
General Site Description. The site description shall include the size, location, proposed land uses, construction, staging and completion date and types of dwelling units, if applicable. A brief description of other major existing and proposed land developments within 1/2 mile of the proposal which shall constitute the study area, except that a study area of one mile from the proposal shall be used for any commercial development of greater than 200,000 square feet of total floor area.
B. 
Traffic Facilities Description. The description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersection in the area shall be identified and sketched. All future highway improvements which are part of proposed surrounding developments shall be noted and included in the calculations.
C. 
Existing Traffic Conditions. Existing traffic conditions shall be measured and documented for all streets and intersections in the area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic, and for the hour(s) of predicted peak development generated hour(s) traffic shall be recorded. Traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and predicted peak development generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the predicted peak development generated hour(s) for all streets and major intersections in the study area. Levels of service shall be determined for each major road segment and turning movement. Detailed traffic counts of existing local streets not provided or proposed for through access are not required. A tabulation of accident locations during a recent three-year period shall be shown. This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or turning movements experiencing Levels of Service D, E, or F, as described in Highway Capacity Manual, Special Report No. 209, dated 1985, shall be noted as congestion locations.
D. 
Traffic Impact of the Development. Estimation of vehicular trips to result from the proposal shall be computed from the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Trip Generation Manual, published by the Institute of Transportation Engineers, or, at the request of the Township, said calculations shall be substantiated by physical counts at similar type developments. These estimated development generated traffic volumes shall be provided for both inbound and outbound traffic movements, and the reference source(s) and methodology followed shall be documented. All tuning movements shall be calculated. These estimated volumes shall be distributed to the area and assigned to the existing streets and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted. For retail sales uses, the increased traffic during the holiday seasons and during weekends shall be forecast and analyzed.
E. 
Analysis of Traffic Impact. The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (straight line projections based on historical data), the development generated traffic and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections. All access points shall be examined as to the necessity of installing traffic signals. This evaluation shall compare the projected traffic to state warrant regulations for traffic signal installation.
[Amended by Ord. 2017-02, 3/28/2017]
(1) 
All traffic studies shall include the hours of 3:00 p.m. to 6:00 p.m. in the peak p.m. hours studied for Route 329 where the proposed use will impact Route 329. In addition, the traffic study shall be performed during the time of year when public school is in session, due to the difference in traffic volumes present during the school year.
(2) 
Any traffic study involving truck movements shall include a twenty-four-hour weekday projection of incremental traffic (car and truck) generated due to the potential of variable peaks resulting from truck movements.
(3) 
All traffic studies involving Route 329 shall analyze the proposed use's generated traffic loads and the impact on any proposed and existing traffic signals on Route 329 and provide for the appropriate upgrades and/or retiming of such signals to ensure the existing LOS is not degraded.
F. 
Conclusions and Recommendations. Levels of service for all streets and intersections shall be listed. All streets and/or intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, and traffic signal installation and operation including signal timing. All physical street improvements shall be shown in sketches.
G. 
Cost of Needed Projects. Approximate costs for all needed transportation improvements shall be developed within a defined impact area.
H. 
Administration.
(1) 
The full cost of the traffic study and Township reviews of the study shall be borne by the applicant.
(2) 
The traffic study shall be reviewed by the Township Engineer or other professional reviewer designated by the Township.
(3) 
The project manager for any traffic impact report shall be a professional traffic engineer or transportation planner with significant experience in traffic studies.
(4) 
In place of individual traffic studies, the Board of Supervisors may by resolution establish a fee schedule for traffic studies. The applicant shall then pay such fees which shall be used for a coordinated study of more than one proposed development in an area of the Township.
(5) 
The Board of Supervisors shall approve the traffic study as complete prior to granting final approval to a land development, subdivision, or conditional use application, unless a specific process for determining any needed traffic improvements is made a condition of such approval.
I. 
Applicant's Responsibility. The applicant shall respond to the traffic impact report by stating to what degree he/she is willing to assist in funding or completing any off-site improvements that are needed and to state what on-site improvements he/she proposes. These improvements may include structural or nonstructural improvements. Nonstructural improvements include long-term commitments by employers or developers to support van pools, bus pools, staggered work hours or public bus service.
J. 
Future Stages of Development. The traffic study shall include not only an analysis of one individual project proposed at one point in time, but also the overall projected impacts of future development of all nearby lands owned by the applicant or that the applicant has an option to purchase. The study shall include a projection of the traffic expected from this future development, using reasonable alternatives if no definite plans are available.
K. 
Other Proposed Developments. The study should also take into account traffic that can be expected as a result of other development which has been approved and development for which plans have been submitted to the Township and are being actively pursued.
L. 
Timing of Required Traffic Improvements. No occupancy permit shall be granted for a use or uses until such traffic improvements that have been required by PennDOT or the Township to serve the use are in place and operating, unless the Board of Supervisors require or allow funds for a required traffic improvement to be placed in a dedicated escrow account to be used when such improvements are warranted.
M. 
Post-development Monitoring. Within 18 months or other interval determined by the Board of Supervisors, but no later than 36 months following the issuance of an occupancy permit of the last use each phase, the applicant, if requested to do so by the Board of Supervisors, shall conduct traffic counts to ensure the assumptions and projection of the final traffic impact study are valid. Traffic counts shall be performed at intervals and peak times approved by Township Engineer. If the traffic counts are found to be different from any assumptions or projections contained in the final traffic impact study, the applicant shall propose and construct, with the approval of the Board of Supervisors, remedial improvements to address the difference and provide financial security to guarantee construction of remedial improvements.
[Added by Ord. 2015-03, 6/11/2015]

§ 27-1410 General Site Landscaping.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1410; as amended by Ord. 2015-03, 6/11/2015
The following general site landscaping requirements shall apply to all properties required to submit land development plans following the requirements of this Chapter in accordance with the standards published in the American Standard for Nursery Stock (ANSI Z60.1), last revised edition.
A. 
All properties must provide for a total area of landscaping equal to 10% of any proposed area of impervious cover.
(1) 
This landscaping shall be distributed throughout the property to enhance the buildings and parking areas and the property's appearance from surrounding properties and roads.
(2) 
The property owner is required to maintain this landscaping in a neat and healthy manner, and is required to replace dead and diseased plants.
B. 
Landscaping used to satisfy this requirement shall be credited as follows:
(1) 
Every large deciduous tree provided, for example red oak (quercus borealis), green ash (fraxinu lanceolata), and sweetgum (liquidamber styraciflus), shall count as 200 square feet of landscaping credit.
(2) 
Every medium deciduous tree provided, for example red maple (acer rubrum), callery pear (pyrus calleryana), and golden raintree (koelreuteria paniculatra), shall count as 150 square feet of landscaping credit.
(3) 
Every small deciduous tree or evergreen provided, for example flowering dogwood (cornus florida), kwanzan cherry (prunus serrulate kwanzan), and white pine (pinus strumbus), shall count as 100 square feet of landscaping credit.
(4) 
Any area occupied by shrubs, flower beds and/or foundation plantings shall count as landscaping credit toward this landscaping requirement on a square foot per square foot basis.
C. 
These general site landscaping requirements are in addition to any planting strips, planting screens, buffer strips or street trees, as required elsewhere in this chapter or in other ordinances of the Township.
D. 
Any existing trees or plant material to be protected and preserved, and not counted toward other landscaping requirements in this or other Township ordinances, may count toward the required landscaping area, using the provisions stated in Subsection B.
E. 
In meeting these general site landscaping requirements, at least 10% of the credits (as outlined above) must be provided by way of large deciduous trees with a further minimum of at least one such tree for each lot regulated by this section of this Part.

§ 27-1411 Accessory Uses and Structures.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1411]
1. 
Any structure or use on a lot, other than a primary structure or use must be clearly accessory to the primary use (which must be allowed on that property). For example, barns are to be used as a primary or accessory structure for the storage of farm materials and/or livestock associated with the primary use of the farm i.e., farming. Storage of materials in the barn not associated with farming would, therefore, be prohibited.
2. 
Except as noted below, accessory buildings must meet all yard and setback requirements of this chapter.
3. 
Completely detached accessory buildings for all nonresidential uses being 10 feet or less in height may occupy a required side or rear yard, but shall not be located closer than 10 feet to any side or rear property line (see exception below) nor closer than 15 feet to the rear of the primary building on the lot and 25 feet from the nearest point of the primary building of any adjacent lot (see exception below).
A. 
Completely detached accessory buildings, up to 10 feet in height, for residential uses shall be set back from a side or rear property line a minimum distance equal to 10% of the required minimum lot width (at the setback line) for that use in that district or a distance of 10 feet, whichever is less.
B. 
Since attached structures (such as duplexes and townhouses) have no side yard requirements on their common lot lines, no lot line setbacks or adjacent building setbacks above are applicable for these small accessory buildings.
4. 
Completely detached accessory buildings in Subsection 3 above may be increased in height, provided that for every one foot in height above 10 feet, there shall be added one foot of additional setback to the side or rear lot lines.

§ 27-1412 Storage.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1412]
1. 
Outdoor Storage. Specific provisions of outdoor storage are governed in this Part. No outdoor storage is permitted on a site unless it is related to the primary use of the site. The storage of DEP-classified hazardous materials must be in quantities and stored in a manner consistent with DEP regulations. No materials or wastes shall be deposited upon a lot in some form or manner that they may be transported off the lot by any natural causes or forces.
2. 
Indoor Storage. Specific provisions of indoor storage are governed in this Part. No indoor storage is permitted on a site unless it is related to the primary use of the site. The storage of DEP-classified hazardous materials must be in quantities and stored in a manner consistent with DEP regulations.
3. 
Storage of Recreational Vehicles and Travel Trailers. No more than two of either a recreational vehicle or travel trailer or combination thereof may be stored on a lot occupied by the owner of the recreational vehicle and/or travel trailer, provided such recreational vehicle and/or travel trailer shall be placed in such a position so as to meet all dimensional requirements for the district within which it is located. This provision is for the storage or occupation of recreational vehicles only and not the storage or occupation of a mobile home.

§ 27-1413 Structures to Have Access.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1413; as amended by Ord. 2002-02, 2/14/2002, § 1]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
A. 
Driveways (Single-Family Dwellings). Access to single-family dwellings shall be provided by driveways and subject to the following criteria:
(1) 
Number Per Lot. No more than two driveway connections per lot shall be permitted.
(2) 
Clear Sight Triangle. Driveways shall be located and constructed so that a clear sight triangle or 75 feet as measured along the street center line for local roads, and 100 feet as measured along the street center line for collector or arterial roads, and 10 feet from the travel lane along the driveway center line is maintained; no permanent obstructions over 30 inches high shall be placed within this area.
[Amended by Ord. 2015-03, 6/11/2015]
(3) 
Access Permits. Driveways shall not be permitted to have direct access to state roads or highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit, or to Township roads unless a road occupancy permit has been obtained from the Township.
(4) 
Intersection. Driveways shall intersect streets at right angles, wherever possible.
(5) 
Grades: Driveway grades shall not exceed the following:
(a) 
Seven percent when access to an arterial street or highway is permitted.
(b) 
Ten percent with access to a local or collector street.
(6) 
Location. The center line of a driveway at the point of access to a street shall not be located closer to a street intersection than the following distances:
(a) 
One hundred fifty feet if either street is an arterial street.
(b) 
One hundred feet if one street is a collector and the other street is either a collector or local street.
(c) 
Seventy-five feet if both streets are local streets. This requirement does not apply to the lots across from the stopping road at a T- intersection, provided the applicant receives approval from the Planning Commission and written approval from the Board of Supervisors.
(d) 
Driveways shall not be located within five feet of any fire hydrant or adjoining lot line, unless shared with an adjacent lot.
(7) 
Road Classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
(8) 
Driveway Width. No driveway shall provide a curb cut exceeding 20 feet in width.
(9) 
Drainage. Driveways shall be constructed in a manner to be consistent with the design, maintenance, and drainage of the street. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen.
[Amended by Ord. 2015-03, 6/11/2015]
B. 
Access Drive (Non-Single-Family Development). Vehicular access to uses other than single-family dwellings shall be provided by access drives and subject to the following standards:
(1) 
Number Per Lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot frontage. The Township Supervisors, during the land development review process, may grant permission for additional access points where necessary to meet specific property circumstances or where frontage of unusual length exists.
[Amended by Ord. 2015-03, 6/11/2015]
(2) 
Clear Sight Triangle. Access drives shall be located and constructed so that clear sight triangle of 75 feet as measured along the street center line, for local roads, and 100 feet as measured along the street center line for collector or arterial roads, and five feet along the center line of the access drive is maintained; no permanent obstruction over 30 inches high shall be placed within this area.
(3) 
Access Permits. Access drives shall not be permitted to have direct access to state roads or highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit, or to Township roads unless a road occupancy permit has been obtained from the Township.
(4) 
Intersection. Access drives shall intersect streets at right angles, wherever possible.
(5) 
Grades. Access drive grades shall not exceed the following:
(a) 
Seven percent when access to an arterial street or highway is permitted.
(b) 
Ten percent with access to a local or collector street.
(6) 
Location. The center line of an access drive at the point of access to a street shall not be located closer to a street intersection than the following distances:
(a) 
Three hundred feet if either street is an arterial street.
(b) 
Two hundred feet if one street is a collector and the other street is either a collector or local street.
(c) 
One hundred fifty feet if both streets are local streets.
(d) 
Access drives shall not be located within 15 feet of any fire hydrant or adjoining property line; however, this setback can be waived, by the Board of Supervisors, along one property line when a joint parking lot is shared by adjoining uses.
(7) 
Surfacing. With the exception of farm lanes, all access drives shall be paved with concrete or bituminous paving material, or another dust-free material suitable to the Board of Supervisors.
(8) 
Access Drive Width and Radius. Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the property line, shall conform to the following schedule:
[Amended by Ord. 2015-03, 6/11/2015]
Width
(feet)
Minimum
Maximum
1 lane
12
14
2 lanes
20
28
3 lanes
30
40
These widths may be revised on a case-by-case basis, in the sole discretion of the Board of Supervisors, depending on specific conditions present at the property, or if the driveway is designed to meet a particular PennDOT design criterion.
In all cases, the radius of the edge of the access drive apron shall be at least 15 feet so that a car entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or street.
All nonresidential driveways shall be curbed at the street line, unless otherwise allowed by the Board of Supervisors. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen.

§ 27-1414 Swimming Pools.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1414]
1. 
Swimming pools shall be located to the side of or in the rear of the primary structure of the lot. No swimming pools are permitted closer to a street right-of-way than the front of the primary structure.
2. 
Pools shall be set back at least 10 feet from any lot line or electric line. This setback shall also apply in the case of attached structures (such as duplexes and townhouses).
3. 
In-ground swimming pools must be located entirely within a chain link or wooden fence (or equivalent) with a minimum height of 48 inches. A locking gate must be provided for the fence.
4. 
Aboveground swimming pools having an exposed sidewall of less than 48 inches must also be enclosed in a fence to a minimum height of 48 inches from the ground. The fence may be attached to the pool sidewalls.
5. 
Any aboveground swimming pool must have a retractable locking ladder and/or locking gate to the steps of a side deck.
6. 
Fencing must be installed prior to filling the pool with water.
7. 
If BOCA or the property owner's insurances would demand stricter standards, the property owner must follow the stricter standards.

§ 27-1415 Animals as Pets.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1415]
Single-family dwellings may have animals as pets, if not classified as animal husbandry or kennel/stable, if the following criteria are met. These pets shall not be a commercial business and must be the responsibility of a family member living on the property. The following regulations must be followed.
A. 
Location of shelters and/or housing of pets shall not be within a distance of 15 feet from the property line nor within 75 feet of any dwelling other than the owner's dwelling; and further provided that no building used in such connection shall be maintained or established within such distance. All such buildings to be located to the rear of the main structure or dwelling.
B. 
Shelters and/or Housing. All shelters and/or housing of animals shall be constructed of suitable materials providing protection for the animal. Sufficient ventilation and sunlight shall be provided in the structure. The structure shall have a roof and all materials shall be securely attached to the structural elements of the shelter or housing. Shelters or housing made of materials unsupported or unattached will not be permitted.
C. 
Animal runs and yards in which animals are kept, exercised, and trained shall be maintained in good condition. Ground areas shall be maintained so as to prevent runoff of soil and/or any debris storage to surrounding properties. The area shall be so graded to prevent accumulation of stormwater runoff.
D. 
For purposes of this chapter, any animals classified as animal husbandry or kennel/stable, such as goats, and other livestock and poultry shall not be considered as pets. For purposes of this chapter any property owner desiring to keep a horse as a pet must have a minimum lot size of two acres. For each additional horse in excess of one an additional 1.5 acres per horse shall be required. Any property containing four or more horses shall be considered a stable. The location of any corral shall be a minimum distance of 100 feet from every property line boundary.
E. 
Any animals typically found in zoos or governed by the PA Game Commission (i.e., lions, tigers, bobcats, etc.) are not permitted.

§ 27-1416 Temporary Structures.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1416]
A permit may be issued for use of a temporary structure or use necessary during construction or special circumstances of a nonrecurring nature, subject to:
A. 
The time period of the permit shall be six months. This permit may be renewed for two additional three-month trial periods by the Zoning Officer. After that, any permit extensions may only be granted by the Board of Supervisors after the applicant has proven just cause.
B. 
Such structures must be removed completely upon expiration of the permit without cost to the Township.
C. 
Adequate sewer and water provisions must be present.

§ 27-1417 Exceptions to Minimum Lot Sizes.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1417]
1. 
The minimum lot size provisions of this chapter shall not prevent the construction of a single-family dwelling on any lot that was lawfully created but does not meet the dimensional requirements of this chapter, provided that:
A. 
Such lot is not less than 10,000 square feet.
B. 
Lots not served by public water and sewers shall meet all requirements of the Department of Environmental Protection.
C. 
The percentage of lot area covered by a single-family dwelling shall not exceed 15% of the area of the lot.
D. 
The front and rear yards shall aggregate at least 60% of the total lot depth, but in no case shall either the front yard or the rear yard be less than 20 feet.
E. 
The side yards shall aggregate at least 40% of the total of width, but in no case shall either side be less than 15 feet.
F. 
The lot has access to a public street or approved private street.
2. 
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replotting could create one or more lots which would conform to the chapter.

§ 27-1418 Floodplain Performance.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1418]
1. 
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
A. 
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development will cause unacceptable increases in flood heights, velocities, and frequencies.
B. 
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
C. 
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
D. 
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2. 
Applicability. These provisions shall apply to all lands within the jurisdiction of the Township of Allen and shown as being located within the boundaries of the designated Floodplain Districts which are considered as a part of the Official Zoning Map.
3. 
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
4. 
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Allen or any officer, consultant or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
5. 
Establishment of the Floodplain Zoning Districts.
A. 
Basis of District. The Floodplain District is defined and established as those areas of the Township subject to flooding as defined in Subsections 1, 2 and 3 of this section. The Floodplain District shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of this district shall be the most current Flood Insurance Study for the Township of Allen approved by FEMA and shall be comprised of three areas as follows:
(1) 
The Floodway (FW) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the Floodway Data Table of the above-referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map, or as may be defined by the Pennsylvania Department of Environmental Protection.
(2) 
The Flood Fringe (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.
(3) 
The General Floodplain (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. They are shown on the maps accompanying the FIS prepared by FIA. Where the specific one-hundred-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey-Flood Prone Quadrangle, etc., the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic techniques. Hydrologic and hydrologic analysis shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township of Allen.
B. 
Overlay Concept.
(1) 
The Floodplain District described above shall be overlays to the underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
(2) 
Where there happens to be any conflict between the provisions or requirements of any of the Floodplain District and those of any underlying district, the more-restrictive provisions and/or those pertaining to the Floodplain District shall apply.
(3) 
In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
6. 
Zoning Map. The boundaries of the Floodplain District are established as part of the Official Zoning Map of the Township of Allen which is declared to be a part of this chapter and which shall be kept on file at the Township of Allen Offices.
7. 
District Boundary Changes. The delineation of any of the Floodplain District may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual documents that notification for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
8. 
Interpretation of District Boundaries. Initial interpretation of the boundaries of the Floodplain District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
9. 
District Provisions. All uses, activities, and development occurring within any Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Township of Allen Subdivision and Land Development Ordinance [Chapter 22]. In addition, all such uses, activities, and development shall be undertaken only in compliance with federal or state law including Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334, latest edition, as amended. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the Township, a permit shall be obtained from the Department of Environmental Protection.
A. 
Permitted Uses. In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above. Further, the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance, and provided that they do not require structures, fill, or storage of materials and equipment:
(1) 
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas, but including no facilities subject to damage by flooding.
(3) 
Detention basins, sanitary and storm sewers may be allowed as permitted uses provided approval therefore is obtained from the Township Board of Supervisors and the Township Engineer. The location, materials, and restoration and methods of construction involved for said detention basins, sanitary and storm sewers shall be within the sole discretion of the Township Board of Supervisors and the Township Engineer.
(4) 
Front, side, and rear yard and lot area in excess of the minimum dimensional and area requirements established for each zoning district.
B. 
Uses Permitted by Conditional Use. The following uses and activities may be permitted by conditional use, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance.
(1) 
Roads, driveways, or parking areas.
(2) 
Utilities and public facilities and improvements such as railroads, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
(3) 
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(4) 
Extraction of sand, gravel, and other materials.
(5) 
Temporary uses such as circuses, carnivals, and similar activities.
(6) 
Accessory uses customarily incidental to the permitted uses above, providing no structures are located in the Floodplain District.
C. 
Prohibited Uses. The following uses shall be specifically prohibited in the Floodplain District:
(1) 
All freestanding structures, buildings, mobile homes, and retaining walls, with the exception of flood retention dams, culverts, and bridges, as approved by the Pennsylvania Department of Environmental Protection.
(2) 
The filling of marshlands, grading of any type, removal of topsoil, damming, or the relocation of any watercourse without approval of the Allen Township Board of Supervisors and the Allen Township Planning Commission and the approval of the Pennsylvania Department of Environmental Protection shall be forbidden.
(3) 
Sanitary, landfills, dumps, junkyards, outdoor storage of vehicles and materials.
(4) 
On-site sewage disposal systems.
(5) 
Private water supplies or wells shall be prohibited from being located in the Floodplain District.
(6) 
Hospitals, public or private.
(7) 
Nursing Homes, public or private.
(8) 
Jails.
(9) 
New mobile home parks and mobile home subdivisions and substantial improvements to such existing parks and subdivisions.
(10) 
Storage of the following materials and substances:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products: gasoline, fuel oil, and the like.
(m) 
Phosphorous.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulfur and sulfur products.
(q) 
Pesticides (including fungicides, insecticides, and rodenticides).
(r) 
Radioactive substances insofar as such substances are not otherwise subject to regulation.
(s) 
Other similarly hazardous substances.
(11) 
Cemetery.
10. 
Conditional Use and Variances.
A. 
Application Procedure. The application for a conditional use or variance shall be accompanied by the following:
(1) 
Detailed engineering studies indicating the effects of the proposed use on drainage and streams on all adjacent properties as well as the property in question.
(2) 
A determination of elevations of the existing ground, proposed finished ground, and lowest floor (including basement) certified by a registered professional engineer or architect.
11. 
Procedure for Consideration of a Conditional Use Exception or Variance. All applications for approval of a conditional use or variance shall be considered using standards listed in Parts 18 and 19, and:
A. 
The Board of Supervisors or the Zoning Hearing Board may require that recommendations of the County Conservation District be submitted as part of the application for a conditional use or variance in matters concerning or related to the Floodplain District.
B. 
The Board of Supervisors or the Zoning Hearing Board may request review recommendations from the Township Planning Commission, the Township Engineer, and the Lehigh Valley Planning Commission for review purposes, and the subject recommendations shall become part of the public hearing testimony. The final hearing shall not be held until such recommendations have been received by the Board of Supervisors or the Zoning Hearing Board.
C. 
In rendering a decision, the Board of Supervisors or the Zoning Hearing Board may impose special measures or conditions as deemed necessary and appropriate for the use to conform to the intent of this chapter.
12. 
Standards for Granting of Conditional Uses or Variances. The Board of Supervisors or the Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives herein. The Board of Supervisors or the Zoning Hearing Board, in considering conditional use or variance applications, shall consider the following:
A. 
The effect of the use shall not substantially alter the cross section profile of the stream and floodplains at the location of the proposed use.
B. 
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
C. 
The general welfare or public interest of Allen Township or other municipalities in the same watershed shall not be adversely affected.
D. 
Any new structure or substantially improved structure permitted by conditional use or variance shall be constructed and placed on the lot so as to offer the minimum obstruction of the flow of water, and shall be designed to have the minimum effect upon the flow and height of flood water. Such structures also shall be elevated so that the lowest floor (including basement) shall be one foot above the base flood elevation.
E. 
Any new structure permitted by conditional use or variance shall be floodproofed in compliance with the requirements of the U.S. Army Corps of Engineers as outlined in the Elevated Residential Structures Book. In addition, any such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement as evidenced by the design and report of a registered structural or civil engineer. Such structure shall be constructed so as to prevent the entrance of floodwaters into the water supply and waste treatment systems as well as other utility and facility systems.
F. 
An affirmative decision shall not be issued by the Board of Supervisors or the Zoning Hearing Board for an application within the designated floodway unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements as evidenced by permits granted by the proper state agency.
G. 
The Board of Supervisors or the Zoning Hearing Board shall notify the applicant in writing over the signatures of the Board that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required.
13. 
Conditional Uses and Variances: Additional Factors to be Considered. In passing upon application for conditional uses and variances, the Board of Supervisors or the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
A. 
The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed uses, development, or activity that will cause any increase in flood levels in the Floodway District.
B. 
The danger that materials may be swept on to other lands or downstream to the injury of others.
C. 
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
D. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E. 
The importance of the services provided by the proposed facility to the community.
F. 
The requirements of the facility for a waterfront location.
G. 
The availability of alternative locations not subject to flooding for the proposed use.
H. 
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I. 
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.
J. 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
K. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
The Board of Supervisors or the Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Conditional uses and/or variances shall only be issued after the Board of Supervisors or the Zoning Hearing Board has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of public, or conflict with local laws or ordinances.
14. 
Subdivision and Land Development Approval. All plans for subdivision and land development, a portion or portions of which are within the Floodplain District, including the development of any recreation or utility use, and activity adjacent to the Floodplain District shall be reviewed, and approved by the Allen Township Planning Commission and the Allen Township Board of Supervisors. Uses and/or activity adjacent to the Floodplain District shall be in accordance with the regulations and requirements of the Township Zoning Ordinance and the districts in which the area exists.
15. 
Definitions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling grading, excavation, mining, dredging or drilling operations and the subdivision of land.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the Township of Allen Zoning Ordinance as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood Fringe (FF), and General Floodplain (FA).
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any one year).

§ 27-1419 Airport Zoning Performance Standards.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1419]
1. 
Purpose. The purpose of these provisions is to regulate and restrict obstructions as a potential for endangering the lives and property of users of the Lehigh Valley International Airport (LVIA), and property or occupants of land in the vicinity; that an obstruction may affect existing and future instrument approach minimums of LVIA; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of LVIA and the public investment therein. Accordingly, it is declared:
A. 
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by LVIA;
B. 
That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
C. 
That the prevention of these obstructions should be accomplished, to the extent legally possible.
2. 
Establishment of the Airport Zone. In order to carry out the provisions of these performance standards, there is created and established a certain zone which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to LVIA, are taken from the Department of Transportation Federal Aviation Administration Advisory Circular AC 150/5190-4, dated August 23, 1977, latest revision. The zone is shown and made a part of this chapter and applies to all properties south and west of the Airport Zone line on the Zoning Map. This zone is considered an overlay to the underlying zoning districts.
3. 
Airport Zone Height Limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow, in this zone created by this chapter, to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for the zone as follows:
A. 
The construction or erection of any structure above a height of 35 feet shall require written approval of the Federal Aviation Administration and/or the Lehigh Northampton Airport Authority.
[Amended by Ord. 2013-07, 11/14/2013]
4. 
Use Restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport, lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interface with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
5. 
Nonconforming Uses.
A. 
Regulations Not Retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted.
B. 
Marketing and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Lehigh-Northampton Airport Authority and/or Federal Aviation Administration to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
6. 
Special Cases.
A. 
Existing Uses. No zoning permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter of any amendments thereto, or than it is when the application for a zoning permit is made.
B. 
Nonconforming Uses Abandoned or Destroyed. Whenever the Allen Township Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no zoning permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
C. 
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration and/or Lehigh-Northampton Airport Authority as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a liberal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Lehigh-Northampton Airport Authority and/or Federal Aviation Administration for advice as to the aeronautical effects of the variance. If the Lehigh Northampton Airport Authority and/or the Federal Aviation Administration do not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
D. 
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary and/or required by the Federal Aviation Administration.
7. 
Enforcement. It shall be the duty of the Allen Township Zoning Officer to administer and enforce the regulations prescribed herein. Applications for zoning permits and variances shall be made to the Allen Township Zoning Officer upon a form supplied by the Township. Applications required by this chapter to be submitted to the Allen Township Zoning Officer shall be promptly considered and granted or denied, per the requirements set forth in Part 18 Administration. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Allen Township Zoning Officer.
8. 
Definitions.
AIRPORT
Lehigh Valley International Airport (LVIA).
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall mean sea level elevation unless otherwise specified.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 27-1402C of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, includes a trustee, a receiver, an assignee, or a similar representative of any of them.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed by man, including but not limited to, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
TREE
Any object of natural growth.

§ 27-1420 Applicability.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1420]
The following standards apply to all uses designated as commercial uses in this chapter:
1. 
Any proposed use proposing to generate water or sewer flow greater than 400 gpd/acre must be connected to public water and public sewer. Any proposed use creating process wastewater must be connected to public sewer.
2. 
All permitted and accessory uses, except for off-street loading and parking, and signs shall be conducted within enclosed building except for those uses requiring outdoor exposure, such as nurseries.
3. 
Traffic.
A. 
All commercial uses shall have access and egress directly to a collector or nonresidential local road. Direct access to an arterial road is permitted only if the Board of Supervisors determines that no other means of access is physically possible and the applicant has performed all traffic upgrades, the Board of Supervisors has determined is necessary.
B. 
All vehicle access and egress shall be controlled by the use of a landscape strip constructed parallel to the highway.
C. 
All access and egress points shall be located not less than 200 feet from the intersection of any street right-of-way lines.
D. 
Access and egress points must be separated from other access and egress points by two-hundred-foot minimums.
E. 
Outbound traffic control shall be controlled so that vehicles move in defined traffic lanes. Physical barriers to prevent cutting across parking areas may be required by the Township.
4. 
Trash dumpsters shall be contained within locking fences and screened from view by adjacent properties by fence type or landscaping and located a minimum of 25 feet from any lot line.
5. 
Any property lines abutting an existing residential property or residentially zoned land shall be screened by a twenty-five-foot wide dense visual barrier of landscaping within the required buffer yard designed by a registered professional landscape architect. This screen must be permanently maintained by the property owner.
6. 
Landscaping and all-season ground cover shall be included on all areas not covered by buildings, structures, parking areas, or access/egress drives.
7. 
Unified commercial development plans for several commercial uses (such as shopping center) may be permitted subject to the following additional regulations:
A. 
The land shall be in single ownership or under a guaranteed unified management control.
B. 
The total building coverage shall not exceed 25%.
8. 
Off-street parking is permitted within the front, side and rear yards but must be a minimum of 25 feet from any lot line. If off-street parking is proposed in the front yard in combination with off-street loading, then the off-street parking must be a minimum of 40 feet (the buffer area) from the front lot line. An appropriately landscaped undulating berm, with a landscaping mix consisting of six different plant species (50% of which shall be evergreen), shall be installed in the forty-foot buffer area.
[Amended by Ord. 2017-02, 3/28/2017]
9. 
All parking areas and driveways must be paved with a permanent hard surface.
10. 
Off-street loading is permitted within the front, side and rear yards, if approved by the Board of Supervisors in its sole discretion, but the edge of the loading structure must be located at least 130 feet from the nearest lot line. If off-street loading is proposed in the front yard, then the off-street loading must be located at least 130 feet from the edge of the parking stall nearest to the structure or 170 feet from the front lot line if no parking is proposed in the front yard. An appropriately landscaped undulating berm, with a landscaping mix consisting of six different plant species (50% of which shall be evergreen), shall be installed in the forty-foot buffer area behind the front lot line.
[Amended by Ord. 2017-02, 3/28/2017]
11. 
All parking areas and walking areas must be lighted in accordance with the standards in this chapter.
12. 
The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration and deceleration lanes as may be required by the Pennsylvania Department of Transportation or the Township. The developer may be required to prepare a traffic study for this determination whether the site accesses a Township or state highway, as determined by the Township.
13. 
Any uses proposing shopping carts shall provide definite areas on the site for the storage of said carts. The storage areas shall be clearly marked throughout the parking areas.
14. 
All organic rubbish shall be in airtight, verminproof containers.
15. 
Outdoor storage is permitted within 20 feet of a property line and must not be visible from adjacent residentially zoned property or existing residentially used property.

§ 27-1421 Applicability.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1421]
The following standards apply to all uses designated as industrial uses in this chapter:
1. 
Any proposed use proposing to generate water or sewer flows greater than 400 gpd/acre must be connected to public water and public sewer. Any use creating process wastewater must be connected to public sewer.
2. 
Traffic.
A. 
All industrial uses shall have access and egress directly to a collector or nonresidential local road. Direct access to an arterial road is permitted only if the Board of Supervisors determines that no other means of access is physically possible and the applicant has performed all traffic upgrades, the Board of Supervisors has determined is necessary.
B. 
All vehicle access and egress shall be controlled by the use of a landscape strip constructed parallel to the highway.
C. 
All access and egress points shall be located not less than 200 feet from the intersection of any street or right-of-way lines.
D. 
Access and egress points must be separated from other access and egress points by a two-hundred-foot minimum.
E. 
Outbound traffic control shall be controlled so that vehicles move in defined traffic lanes. Physical barriers to prevent cutting across parking areas may be required by the Township.
3. 
Trash dumpsters shall be contained within locking fences screened from view by adjacent properties by fence type or landscaping and located a minimum of 25 feet from any lot line.
4. 
Any property lines abutting an existing residential property or residentially zoned land shall be screened by a dense visual barrier of landscaping within the required buffer yard designed by a registered professional landscape architect. This screen must be permanently maintained by the property owner.
5. 
Landscaping and all-season ground cover shall be included on all areas not covered by buildings, structures, parking areas, or access/egress drives.
6. 
Off-street parking is permitted within the front, side and rear yards but must be a minimum of 25 feet from any lot line. If off-street parking is proposed in the front yard in combination with off-street loading, then the off-street parking must be a minimum of 40 feet (the buffer area) from the front lot line. An appropriately landscaped undulating berm, with a landscaping mix consisting of six different plant species (50% of which shall be evergreen), shall be installed in the forty-foot buffer area.
[Amended by Ord. 2017-02, 3/28/2017]
7. 
All parking areas and driveways must be paved with a permanent hard surface.
8. 
Off-street loading is permitted within the front, side and rear yards, if approved by the Board of Supervisors in its sole discretion, but the edge of the loading structure must be located at least 130 feet from the nearest lot line. If off-street loading is proposed in the front yard, then the off-street loading must be located at least 130 feet from the edge of the parking stall nearest to the structure or 170 feet from the front lot line if no parking is proposed in the front yard. An appropriately landscaped undulating berm, with a landscaping mix consisting of six different plant species (50% of which shall be evergreen), shall be installed in the forty-foot buffer area behind the front lot line.
[Amended by Ord. 2017-02, 3/28/2017]
9. 
All parking areas and walking areas must be lighted in accordance with the standards in this chapter.
10. 
The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration and deceleration lanes as may be required by the Pennsylvania Department of Transportation or the Township. The developer may be required to prepare a traffic study for this determination whether the site accesses a Township or State highway, as determined by the Township.
11. 
The applicant for any proposed industrial use must certify that their proposed primary use does not involve the use of hazardous chemicals or materials and that no potential danger, hazard, or nuisance exists for its employees, building occupants, or surrounding areas.
12. 
Outdoor storage is permitted, subject to:
A. 
No outdoor storage is permitted in the front yard.
B. 
Outdoor storage is permitted in side and rear yards (outside of any required screen) a minimum of 20 feet from any property line.
C. 
Outdoor storage shall not be visible from any street, existing residential property, or residential zoning district.
13. 
All organic rubbish shall be in airtight, verminproof containers.
14. 
A written emergency plan of access must be provided by the owner. This plan shall be submitted to the Township at the time of submission for land development plan approval. This plan shall include all MSDS for all proposed materials on site. If any additions or deletions of materials having MSDS from the site are made, the owner of the facility must provide this revised information to the Township within 48 hours.

§ 27-1422 Off-Street Parking and Loading Requirements.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1422]
1. 
Off-Street Parking and/or Loading Facilities. Off-street parking and loading facilities including access driveways shall be required in accordance with the provisions of this Article as a condition precedent to the occupancy of such building or use. During the land development review, the standards of this § 1422 are subject to the review and approval of the Board of Supervisors and may be waived by the Board of Supervisors with just cause. Facilities shall be provided for the entire building or use:
[Amended by Ord. 2015-03, 6/11/2015]
A. 
Whenever a building is constructed or a new use established;
B. 
Whenever the use of an existing building is changed to a use requiring more parking and/or loading facilities; and
C. 
Whenever an existing building is altered or enlarged so as to increase the amount of parking and/or loading spaces required under this chapter.
2. 
Continuation of Parking and/or Loading Facilities. All off-street parking and/or loading facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation, shall not be used for automobile service or repair, and shall not be reduced below the required size as long as the principal use remains, unless an equivalent number of spaces is provided for such use in another approved location.
3. 
Standards and Definitions. For the purpose of determining off-street parking and loading requirements, definitions and standards shall be as follows:
A. 
Parking Space. An open or enclosed area accessible from a street for parking of motor vehicles of owners, occupants, employees, visitors, customers, or tenants of the main building or use. Each parking space shall be not less than 10 feet wide and not less than 20 feet long, exclusive of all drives, curbs and turning space. The number of spaces shall be determined from an accurate plan of the area.
B. 
Loading Space. An off-street area not less than 12 feet wide and 55 feet long and having a clear minimum height of 15 feet, exclusive of access drives, for the parking of one vehicle during the loading or unloading of merchandise and/or materials. Such spaces shall not be located on any right-of-way nor upon any required parking lot.
C. 
Floor Area. The total area of all the floors measured from the exterior faces of the building (except the floor area used for storage may be excluded), or, where set forth in the schedule, only the floor area used by a specific use.
D. 
Seat. The number of seating units installed or indicated, or each 24 linear inches of benches, pews, or space for loose chairs or similar seating facilities; spacing of rows shall be 30 inches on center.
E. 
Required Minimum Parking Spaces. The minimum number of spaces required by applying the schedule to a specific building or group of buildings.
F. 
Parking areas shall be designed to permit each vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
G. 
Required off-street parking shall be on the same lot with the use served; or where this requirement cannot be met, within 300 feet of the same lot.
H. 
Off-street Parking Standard. Except as may be agreed to by the Board of Supervisors during site or land development plan review, the building types and uses listed in Subsection 4 shall have the minimum number of off-street parking spaces shown adjacent to the building type or use per unit of measurement listed.
[Added by Ord. 2015-03, 6/11/2015]
4. 
Schedule of Required Off-Street Parking Spaces.
Building or Use
Institutional
Civic and Education: Primary and Secondary School; Library; Places for Public Assembly
1 space for each employee plus 1 space for each 6 seats in assembly rooms plus 1 space for every 3 students permitted to drive to school
Governmental: Municipal Building used for Administrative Functions
1 space for each 200 square feet of office floor area plus 1 space for each 4 seats in assembly rooms
Place of Worship
1 space for each 3 seats in principal assembly rooms
Welfare: Hospital
1 1/2 space per 2 beds plus 1 space for each employee
Health Center
1 space per 150 square feet of floor area
Nursing Home
1 space per 2 beds; 1 space for each staff and visiting Doctor, plus 1 space for each employee on the 2 major shift; 1 space per detached, attached, or multifamily dwelling unit
Residential
All Dwelling Types, including Community/Group Home
2 spaces per dwelling for 3-bedroom units
3 spaces per dwelling for 4-bedroom units
Office Building
Medical and Dental Offices and Clinics
1 space per 150 square feet of floor area plus 1 space for each doctor or dentist
Other Offices
1 space per 200 square feet of ground floor area, 1 space per 300 square feet of floor areas of upper floors
Motel, Hotel, Boardinghouse, Bed-and-breakfast
1 1/2 spaces per guest room or unit
Funeral Home
1 space per 30 square feet of assembly rooms or 1 space for each 4 seats, whichever requires the greater number, but in no case less than 20 spaces
Retail Business
Retail Stores, Financial Establishment, Day Nursery, Lumber Yard
1 space per 200 square feet of ground floor area; 1 space per 300 square feet of floor area of upper floors
Eating Places, Bars, Taverns, Drive-ins, Indoor Entertainment (unless specifically described herein)
1 space per 500 square feet of floor area, or 1 space per 2 seats, whichever requires the greater number of spaces
Club, Lodge, or other Assembly Hall
1 space per 4 seats in building
Indoor Theater
1 space per 4 seats in building
Dance Hall, Skating Rink, Swimming Pool
1 space per 50 square feet of area used for dancing, skating or swimming
Bowling Alley
6 spaces per bowling lane
Automobile Repair
1 space for each 100 square feet of gross floor area, plus 1 per employee
Automobile Sales
1 space for each 200 square feet of gross floor area, plus 1 per employee
Car Wash
1 space for each employee
Commercial School
1 space for each employee and 1 space for each student
Flea Market
1 space per 200 square feet of market area
Outdoor Entertainment
1 space per 200 square feet of entertainment area, or 1 space per 2 seats, whichever is greater
Service Station
1 space for every 300 square feet of gross floor area, or 2 spaces for each service bay, whichever is larger, plus 1 space for each employee
Industrial
Executive offices, sales offices
1 space per 200 square feet of executive and sales office floor area
Service and storage establishments, laboratories, manufacturing plants, contracting
1 space for every employee on the combined employment of the two largest successive shifts
Other Buildings or Uses
For a specific building or use not scheduled, the Zoning Officer shall apply the unit of measurement of the above schedule deemed to be most similar to the proposed building or use.
5. 
Schedule of Off-Street Loading Spaces. Each use and/or building established or expanded after the effective date of this chapter that involves the receipt or distribution of materials and/or products shall require loading space(s) in accordance with the following table:
Gross Floor Area
(square feet)
Space Required
0 to 10,000
1 space
10,000 to 50,000
1 space plus 1 additional space for each 20,000 square feet
50,001 and over
3 spaces plus 1 additional space for each 40,000 square feet in excess of 50,000 square feet
6. 
Separate or Combined Use of Facilities. A building containing one use shall provide the off-street and/or loading parking spaces as required for the specific use. A building or group of buildings containing two or more uses, operating normally during the same hours, and which have different off-street parking and/or loading requirements, shall provide spaces for not less than the sum of the spaces required for each use.
7. 
Access Drives to Parking Areas. The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets.
8. 
Improvements to Parking and Loading Areas. All parking areas, loading areas, and access drives shall have an asphalt, concrete, or other similar hard surface, approved by the Township Supervisors. Surface water shall not be permitted to discharge over the public sidewalks or roadways or onto other premises. The maximum grade of the parking and/or loading area shall not exceed 2% unless specific permission is granted by the Board of Supervisors. Line painting and appropriate bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas and to prevent vehicles from projecting into required yards. All curbs and bumper guards shall be constructed in accordance with standards established by the Township Supervisors.
9. 
Illumination of Parking and Loading Areas. Parking and loading areas shall be illuminated whenever necessary to protect the public safety. Such illumination shall be so designed and located that the light sources are shielded from adjoining residences and residential streets, and shall not be of excessive brightness or cause a glare hazardous to pedestrians or drivers.
10. 
Landscaping and Screening Requirements For Off-Street Parking.
A. 
Landscaped Strip. When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from street line. The strips may be located within any other landscaped strip required to be located along a street.
The following lists required width of landscaping strips:
Number of Spaces in Parking Lot Including Joint Facilities
Landscape Strip Width in Feet Measured from Street Right-of-Way Line
Less than 100
15
100 to 250
20
250 or over
25
Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strips.
B. 
Interior Landscaping. In any parking lot containing 20 or more parking spaces (except a parking garage), 5% of the total area of the lot shall be devoted to interior landscaping. Such interior landscaping shall be used at the end of parking space rows and to break up rows of parking spaces at least every 20 parking spaces. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands, and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs, or other approved materials shall be provided. This landscaping may be used to satisfy the "general site landscaping" requirements of this chapter. Parked vehicles may not overhang interior landscaped areas more than two feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang. If a parking lot of fewer than 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.
C. 
Screening. When a parking lot is located on property which adjoins land in a residential zone, or which contains an existing residential dwelling, the parking lot shall be screened from the adjoining residential property.
11. 
Locational Landscaping and Screening Requirements for Off-Street Loading Facilities.
A. 
Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zone. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone, nor public street.
B. 
Separation from Streets, Sidewalks, and Parking Lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.
C. 
Landscaping and Screening Requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public streets.

§ 27-1423 Open Space in Residential Developments.

[Ord. 2000-03, 9/14/2000, Art. XIV, § 1423]
1. 
General Open Space. Subdivisions and mobile home park developments shall meet the open space requirements of this chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be constructed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.
2. 
Layout of Open Space MHP and R3. The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Major recreation areas shall be located to serve all residents. The open space is most needed in areas of highest density. The intent is to provide open areas as close to as many individual units as possible.
3. 
Open Space Designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in Categories A, B, C, and D below: Open space land may not be separately sold, nor shall such land be further developed or subdivided. All subdivision plans shall further designate use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
A. 
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.
B. 
Natural Area. An area of natural vegetation undisturbed during construction or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees, and brush shall be removed, and streams shall be kept in free-flowing condition.
C. 
Recreation Area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfield, and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
D. 
Agricultural Area. An area designated for family vegetable plots or to be leased or sold for an agricultural use as specified in this chapter.
4. 
Open Space Performance Bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other financial security shall be required to cover costs of installation in accordance with provisions of the Subdivision Ordinance [Chapter 22].
5. 
Conveyance and Maintenance of Open Space. All open space shown on the final development plan, as filed in the office of the Township Secretary of Allen, and subsequently recorded in the office of the Recorder of Deeds of Northampton County, must be conveyed in accordance with one or more of the following methods:
A. 
Dedication of fee-simple to the Township of Allen. The Township may, but shall not be required to, accept any portion or portions of the nonagricultural open space, provided:
(1) 
Such land is freely accessible to, and of benefit to the general public of Allen Township.
(2) 
There is no cost to the Township involved.
(3) 
The Township agrees to and has access to maintain such lands.
(4) 
It must be acceptable with regard to size, shape, location, and improvement.
(5) 
A maintenance fund has been established to provide for maintenance of the land. The amount of the fund shall be $2,500 for each acre of land dedicated to the Township.
B. 
By conveying title (including beneficial ownership) to a corporation, association, funded community trust, condominium, or other legal entity.
(1) 
The terms of such instrument of conveyance must include provisions suitable to the Township for guaranteeing:
(a) 
The continued use of such land for the designated purpose.
(b) 
Continuity of proper maintenance for those portions of the open space requiring maintenance.
(c) 
The availability of funds required for such maintenance.
(d) 
Adequate insurance protection.
(e) 
Provisions for payment of applicable taxes.
(f) 
Recovery for loss sustained by casualty, condemnation, or otherwise.
(g) 
Such other covenants and/or easements that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
(2) 
The following area prerequisites for such a corporation or association:
(a) 
It must be set up before any homes or dwelling units are sold or leased or otherwise conveyed.
(b) 
Membership must be mandatory for each buyer and/or lessee and any successive buyer and/or lessee.
(c) 
It must be responsible for liability insurance, taxes, recovery from loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities.
(d) 
Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property.
(e) 
It must be able to adjust the assessment to meet conditions.
(f) 
Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Township before any such sale or disposition of the open space.
(3) 
The dedication of open space, streets, or other lands in common ownership of the corporation, association, or other legal entity, or the Township, shall be absolute and not subject to reversion for possible future use for further development.
(4) 
All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Township Solicitor as to legal form and effect and to the Planning Commission as to suitability for the proposed use of the open space.
C. 
Development Rights, Easement, or Other Device. The state or county under the provisions of Act 442 of 1968, the Conservation and Land Development Act, may acquire and resell any interest in the land for the purpose of agricultural or open space preservation. Subject to Township approval, this may be considered a suitable means of preserving open space.