East Allen Township
City Zoning Code
City Zoning Code
ARTICLE IV
General Regulations
§ 250-28 (((-402.))) Principal buildings.
A.
Street frontage required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance,[1] excepting however, those principal buildings specifically approved by the Board of Supervisors.
§ 250-29 (((-403.))) Maximum height of buildings.
[Amended 4-23-2009 by Ord. No. 2009-03]
No building shall exceed the maximum building height standard specified in the relevant district regulations of this ordinance, except that such standards shall not apply to farm structures, silos, water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), small wind energy systems, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures shall not diminish the solar access of other properties. These height exceptions shall not apply to any communications antennas or communications towers. No small wind energy system shall exceed the height of 130 feet.
§ 250-30 (((-404.))) Special lot and yard requirements.
A.
General provisions.
(1)
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this ordinance.
(2)
No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this ordinance), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
(3)
Three acres minimum. Where on-lot sewage disposal is provided or planned to be provided by systems commonly known as "drip irrigation" or "spray irrigation" systems, a minimum lot size of three acres per dwelling unit or per equivalent dwelling unit shall be required. If the provisions of this subsection conflict with other sections of this ordinance or other ordinances of the Township, the most restrictive regulation shall be applicable.
[Amended 9-22-2005 by Ord. No. 2005-8]
B.
Exceptions to minimum lot areas, lot widths and yards.
(2) 
Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width except in the following situations: on culs-de-sac or courts or street center-line curves of less than 300 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
(3)
Through lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yard pattern on adjoining lots.
(4)
Corner lots. Front yards shall be provided along all portions of a corner lot abutting any street, except where the provision of a different yard will comply with the prevailing yard pattern on adjoining lots.
C.
Traffic visibility across corners.
(1)
Sight lines at intersection of streets.
(a)
A triangular area as defined in § 250-30C(1)(c), shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets is not obscured.
(b)
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets within the triangular area defined in § 250-30C(1)(c).
(c)
Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points, one which is at each end of the center line of each street:
[1]
One hundred fifty feet from the intersection of such street's center line, if either street is an arterial street;
[2]
One hundred feet from the intersection of such street's center line if either street is a collector street; and
[3] 
Seventy-five feet from the intersection of such street's center line, if both streets are local streets.
(2)
Sight lines at intersections of driveways or accessways with streets.
(a)
A triangular area as defined in § 250-30C(2)(c) shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets is not obscured.
(b)
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets within the triangular area defined in § 250-30C(2)(c).
(c) 
Such triangular area shall be bounded by the intersecting driveway, accessway, or street center lines and a diagonal connecting two points, one which is at each end of the center line of each driveway, accessway, or street 30 feet from the intersection of such center line.
D.
Buffer yards. Any nonresidential use which is adjacent to an existing or proposed residential use or is within or adjacent to any residential zone (such as Agricultural Rural/Residential District, Suburban Residential District, or Planned Residential District) shall provide buffer yards which comply with the following standards:
[Amended 9-22-2005 by Ord. No. 2005-8; 1-13-2016 by Ord. No. 2015-07]
(1)
Size, location.
(a)
A twenty-foot buffer yard shall be required, unless otherwise indicated in this ordinance.
(b)
The buffer yard shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(c)
The buffer yard may be conterminous with a required front, side, or rear yard, provided that the larger yard requirement shall apply in case of conflict.
(2)
Characteristics.
(a)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials, or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(b)
In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, grass more than 12 inches in height, or weeds.
(3)
Planting screen.
(a)
Each buffer yard shall include a planting screen of trees, shrubs, and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(b)
Each planting screen shall be in accordance with the following requirements:
[1]
Plant materials used in the planting screen shall be of such species and size as will produce, within two years, a complete year-round visual screen of at least eight feet in height.
[2]
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one year.
[3]
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(c)
In circumstances where it is impractical for a planting screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
E.
Regulations governing communications antennas and communications equipment buildings.
(1)
Building mounted communications antenna shall not be located on any single-family dwelling or two-family dwelling.
(2)
Building mounted communications antenna shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(3)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(4)
Directional or panel communications antenna shall not exceed five feet in height and three feet in width.
(5)
Any applicant proposing communications antenna to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(6)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township Engineer for compliance with the Township Building Code and other applicable law.
(7)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(8)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(9)
Communications antennas shall not cause radio frequency interference with other communications facilities located in East Allen Township.
(10)
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(11)
The owner or operator of communications antenna shall be licensed by the Federal Communications Commission to operate such antennas.
(12)
Prior to the issuance of a building/zoning permit, collocators shall submit a hold-harmless agreement and bond for the removal of the antenna, equipment control units and any site improvements, should the site be abandoned.
(13)
Photographs shall also be submitted by a collocator prior to the issuance of the building/zoning permit showing the condition of the site prior to the installation of any of the collocator's antenna, equipment control units or other improvements and then the collocator shall submit photographs of the completed collocation site prior to activation of the antenna.
(14)
The applicant shall also submit a copy of its current Federal Communications Commission license; the name, address, and emergency telephone number for the operator of the communications antenna and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in a minimum amount of $1,000,000 per occurrence covering the communications antenna, equipment controls units and any site improvements placed on the site. The certificate of insurance shall be renewed and filed with the Township annually. The Township shall be held harmless of any third-party lawsuits. The use permit shall be renewed annually with an annual inspection by a designated Township official.
(15)
If the communications antenna, equipment control units and site improvements remain unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications antenna, equipment control units and any site improvements within six months of the expiration of such twelve-month period. The owner shall provide an escrow or performance bond in an amount sufficient to return the site to its former condition as set forth above.
§ 250-31 (((-405.))) Establishment of future right-of-way widths for roads.
A.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in § 250-31C for the particular class of road.
B.
Measurement.
(1)
The future right-of-way shall be measured from the center line of the existing road.
(2)
All front yards and other appropriate yards shall be measured from the future right-of-way line.
(3)
The classification of each arterial street and collector street is shown on the Official Zoning Map.[1] Any street not designated as an arterial street or a collector street is classified as a local street.
[Amended 11-12-2008 by Ord. No. 2008-15]
[1]
Editor's Note: The Official Zoning Map is on file in the Township offices and can be viewed during regular office hours.
C.
Minimum widths. Minimum future rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way (feet) | |
|---|---|---|
Arterial highway | 80 | |
Collector street | 60 | |
Local street | 50 |
§ 250-32 (((-406.))) Frontage development along arterial and collector streets.
In order to encourage the sound development of frontage along arterial and collector streets (as defined on the Official Street Classification Map) and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-street parking and loading. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot. No off-street parking or loading area shall be permitted within the front yard area of any lot except for single-family detached dwellings.
[Amended 9-22-2005 by Ord. No. 2005-8]
B.
Maximum number of access points. Subject to the other requirements of this ordinance, a maximum of one access shall be permitted onto an arterial or collector street. A maximum of one additional access point may be permitted if the applicant demonstrates through a capacity and circulation analysis that an additional access point is necessary to accommodate traffic to and from the site and it can be achieved in a safe and efficient manner.
[Amended 9-22-2005 by Ord. No. 2005-8; 11-12-2008 by Ord. No. 2008-15]
C.
Planned developments. In the case of a planned development, shopping center, office complex, group of multiple-family dwellings, or similar grouping of principal buildings on a lot, and in any other case where practicable:
(1)
Each principal building shall front upon a marginal access street, service road, common parking lot, or similar area and not directly upon a public street.
(2)
Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines, provided that such point of vehicular access which converts a T-intersection into an intersection of two streets which cross one another shall be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Township.
(4)
All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the Township Subdivision and Land Development Ordinance.[1] Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where deemed necessary by the Township Engineer.
(5)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.
D.
The use of reverse frontage lots shall be required where a property being subdivided fronts on an arterial or collector street and where the size, topography, and availability of alternate means of access and other inherent conditions of the property make the use of reverse frontage feasible. A planting screen and associated planting easement of at least 20 feet across which there shall be no right of access, shall be provided along the rear line of reverse frontage lots.
[Amended 11-12-2008 by Ord. No. 2008-15]
E.
Joint access. Joint access between abutting commercial properties and between a maximum of two residential properties is required whenever feasible along arterial streets subject to the provisions of this section. The provision of joint access shall be subject to the creation of an easement with the deed allowing cross access between the properties within the access road area. The joint access arrangements shall include a recorded joint agreement with the deed defining the maintenance responsibilities of each of the property owners served by the access road.
[Added 11-12-2008 by Ord. No. 2008-15]
F.
Cross access. Cross access shall be provided between adjoining commercial properties that front on an arterial street to provide circulation between the properties, unless the applicant demonstrates that such cross access is not feasible. The circulation plans of the adjoining properties shall be coordinated. The availability of cross access shall be visually obvious. The property owners with cross access shall record an easement with the deed allowing cross access to and from the other properties.
[Added 11-12-2008 by Ord. No. 2008-15]
G.
Access points by street classification. Where a property fronts on two or more streets, access shall be obtained from the lowest functional classification street. Access shall not be obtained from the arterial street. This requirement shall not apply where alignment of the lower classification street and/or its intersection with the arterial street does not comply with the standards of this ordinance. This requirement shall also not apply where the resulting traffic patterns will introduce through traffic into residential areas.
[Added 11-12-2008 by Ord. No. 2008-15]
H.
Changes to preexisting access. Permitted driveways in place at the time of the adoption of this ordinance that do not conform to the standards herein and the Subdivision and Land Development Ordinance[2] are designated as preexisting driveways. They shall be brought into compliance with the applicable standards under the following conditions:
[Added 11-12-2008 by Ord. No. 2008-15]
(1)
New driveway permits are requested.
(2)
Modifications to an existing driveway permit are requested.
(3)
The property owner or applicant applies for a change in property use that generates more vehicle trips than the existing use.
(4)
The existing use is expanded such that the number of trips will increase.
I.
Turnaround. All driveways and access drives of all uses shall be arranged such that adequate turnaround space for vehicles is provided within the lot so that vehicles do not back onto an arterial or collector a street.
[Added 11-12-2008 by Ord. No. 2008-15]
§ 250-33 (((-407.))) Nonconformities.
A.
Registration of nonconforming uses and structures. Upon adoption of this ordinance, the Township Zoning Officer shall identify and register nonconforming uses and structures.
B.
Continuation. Any nonconforming use, structure, or lot may be continued, maintained, improved, and repaired, provided that it conforms to the remainder of this section.
C.
Alteration or extension.
(1)
Nonconforming structure.
(a)
A nonconforming structure may be altered, reconstructed, or enlarged provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of § 250-33C(3).
(2)
Nonconforming lot.
(a)
Nonresidential lots. A building may be constructed on a nonconforming, nonresidential lot provided the yard and lot coverage requirements on this ordinance are met and all DEP requirements are met.
(b)
Residential lots. A building may be constructed on a nonconforming, residential lot provided that the minimum yard and a maximum land coverage requirements listed for the Suburban Residential (SR) District are complied with and all DEP requirements are met.
(3)
Nonconforming use. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(a)
Such alteration, reconstruction, extension or enlargement shall be permitted only by conditional use from the Board of Supervisors.
(b)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.
(c)
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 50% (of said volume or floor area) during the life of the nonconformity.
(d)
In computing the area occupied by any nonconforming use only the portion of the ground area, if any, of any lot upon which the nonconforming use exists shall be considered. The computations for volume and area, both in establishing the extent of the nonconformity, and in determining the limits of its expansion shall be separate.
D.
Restoration. A nonconforming building or any building containing a nonconforming use destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be completed within one year of the date commenced. An application must be made for a building permit to rebuild; the fee shall be waived.
E.
Ownership. Whenever a nonconforming use, structure, or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that the new owner shall reregister the nonconforming use with the Zoning Officer within 60 days after final settlement.
F.
Abandonment.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed, or abandoned for 365 consecutive days, subsequent use of such building or land shall conform with the regulations of the district in which it is located.
(2)
The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use (operation, lease, sale, etc.) cease.
G.
Changes.
(1)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
H.
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
§ 250-34 (((-408.))) Temporary structure or use.
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:
§ 250-35 (((-409.))) Site plan review.
A.
Scope.
(1)
Before a zoning permit is issued for any use designated in Article III as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce, and implement the purposes, intent, and requirements of this ordinance.
(2)
Any proposed development which constitutes a "land development" (as defined in the Township Subdivision and Land Development Ordinance) shall not be required to follow the procedures of this section.[1]
[1]
Editor's Note: The Subdivision and Land Development Ordinance, adopted by Ord. No. 71-3, July 1971, as amended, is on file in the Township Offices and is available for review during regular office hours.
B.
Procedure.
(1)
Submission requirements.
(a)
When the applicant applies to the Zoning Officer for a zoning permit, the applicant shall submit six complete sets of site plans.
(b)
No zoning permit shall be granted until after the Planning Commission submits its recommendation to the Zoning Officer, or after 45 days of the date the site plans were submitted.
(c)
Site plan approval shall not relieve the applicant from any other provisions of this ordinance nor constitute a recommendation for a variance or other relief that the applicant may seek from the Zoning Hearing Board.
(2)
The Zoning Officer shall forward two copies of the site plan to the Planning Commission within seven days of the date of official plan submission. The Zoning Officer shall retain one copy of the site plan for review.
(3)
Written recommendation.
(a)
The Planning Commission shall make a written recommendation to the Zoning Officer within 45 days of the date the plan was submitted on whether the site plan indicates that a zoning permit should be granted or denied.
(b)
The written recommendation shall include the underlying findings and reasons affecting the recommendation.
(c)
Failure to make a written recommendation within such 45 days shall be considered a recommendation to issue such zoning permit.
(4)
Zoning Officer review.
(a)
The Zoning Officer shall review the site plan and the Planning Commission's recommendations and issue or deny the Zoning Permit within 60 days after the site plan was officially submitted.
(b)
The decision of the Zoning Officer shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than the day following the decision.
(c)
The decision shall indicate the specific provisions of this ordinance and other laws which have not been met and the specific reasons therefore.
C.
Site plan requirements. The following information shall be included on the site plan:
(1)
A statement describing the proposed use.
(2)
A site layout drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions, and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(3)
The location, dimensions (numbers shown), and arrangements of all open spaces and yards, landscaping, fences, and buffer yards including methods and materials to be employed for screening.
(4)
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.
(5)
The dimensions (numbers shown), location, and method of illumination for signs and exterior lighting.
(6)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(7)
Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(8)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(9)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(10)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(11)
Site contours at two-foot intervals.
(12)
All proposed site grading and drainage provisions and proposals.
(13)
A key map showing the entire project and its relation to surrounding properties and existing building thereon.
(14)
Zoning districts and requirements.
(15)
Soils, slopes, and floodplain delineation (if required by Zoning Officer).
(16)
Certification by the person who prepared the site plan who shall be a registered engineer, surveyor or architect.
(17)
Certification of ownership and acknowledgment of plan signed by owner or developer.
D.
Site design guidelines. The following guidelines are divided into eight categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission and the Zoning Officer in their reviews of all site plans. These guidelines are meant to encourage creativity, innovation, and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs and other site features.
(1)
Relation of proposed buildings to the surrounding environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
(2)
Drive, parking, and circulation. For vehicular and pedestrian circulation (including walkways, interior drives, and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.
(3)
Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all storm water from all roofs, canopies, and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement.
(4)
Utility service. Place electric and telephone lines underground, where possible. Locate, paint, and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
(5)
Advertising features. Ensure that the size, location, lighting, and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
(6)
Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
(7)
Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
(8)
Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.
§ 250-36 (((-410.))) Airport area safety regulations.
All uses, structures, and activities, unless otherwise indicated, shall comply with the regulations and standards of this section.
A. AIRPORT AIRPORT ELEVATION APPROACH ZONE CONICAL ZONE HORIZONTAL ZONE PRIMARY SURFACE TRANSITIONAL ZONE TREE
Definitions. For the purposes of this section, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise:
The Lehigh Valley International Airport, Lehigh County, Pennsylvania.
The established airport elevation for the airport is 403 feet above mean sea level.
The area centering on an extension of the center line of an airport runway, and extending a horizontal distance of 50,000 feet from the primary surface, and extending uniformly in width from a horizontal distance of 1,000 feet at the primary surface to a width of 16,000 feet.
The area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
The area within lines drawn tangent to adjacent arcs established by swinging arcs of 5,000 feet for all runways designated by the airport as utility or visual and arcs of 10,000 feet for all other runways from the center of each end of the primary surface of each runway of the airport.
A surface 1,000 feet wide centered longitudinally on a runway. If such runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of such runway.
The areas which extend at 90º angles to the runway center line a horizontal distance of 5,000 feet from each edge of the approach zone beginning at the points where the approach zone projects through and beyond the limits of the conical zone.
Any object of natural growth.
B.
Elevation limitations. Regardless of any other provisions of this ordinance, and except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any of the following zones to an elevation in excess of the elevation limit established for each such zone as follows:
(1)
Approach zone: the airport elevation at the edge of the primary surface and increasing uniformly at one foot vertically for each 50 feet outward extending a horizontal distance of 10,000 feet along the extended runway center line, from which it increases uniformly at one foot vertically for each 40 feet horizontally extending a horizontal distance of 40,000 feet along the extended runway center line.
(2)
Conical zone: 150 fifty feet above the airport elevation at the periphery of the horizontal zone and increasing at a uniform slope of one foot upward for each 20 feet outward from the horizontal zone to a height of 350 feet above the airport elevation.
(3)
Horizontal zone: 150 feet above the airport elevation.
(4)
Transitional zone: the same elevation as the approach zone at the edge of the approach zone and increasing uniformly one foot upward for each seven feet outward extending at 90 degree angles to the extended runway center line a horizontal distance of 5,000 feet.
C.
Use restrictions. Regardless of any other provisions of this ordinance, no use of land or water in the approach zone, conical zone, horizontal zone, or transitional zone shall:
(1)
Create electrical interference with navigational signals or radio communication between the airport and aircraft;
(2)
Make it difficult for pilots to distinguish between airport lights and other lights;
(3)
Result in glare in the eyes of pilots using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Create bird strike hazards; or
(6)
In any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
D.
Nonconforming uses, structures, and objects of natural growth.
(1)
Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any use, structure, or tree not conforming to such regulations which nonconformity existed prior to the effective date of this section.
(2)
Marking and lighting. Regardless of § 250-36D(1), the owner of any such nonconforming use, structure, or tree is hereby required to install, operate, and maintain (at the owner's expense) thereon such markers or lights as shall be deemed by the Zoning Officer to be necessary to indicate the presence of such nonconformity to the operators of aircraft in the vicinity of the airport.
(3)
Enlargement or expansion. Regardless of any other provisions of this ordinance, no such nonconforming use, structure, or tree may be enlarged or expanded in any way which increases the nonconformity with the regulations of this section.
(4)
Abandonment, removal, condemnation, or destruction. Regardless of any other provisions of this ordinance, no nonconforming part of any nonconforming use, structure, or tree which is abandoned, removed, condemned, or destroyed shall be replaced unless it conforms with the requirements of this section, except when authorized as a special exception by the Zoning Hearing Board pursuant to § 250-25, and the following conditions:
(a)
That it would not be feasible to use the remainder of the use, structure, or tree without replacement of the nonconformity;
(b)
That the replacement represents the minimum nonconformity needed to use the remainder of the use, structure, or tree; and
(c)
That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
E.
Airport zoning permits.
(1)
Scope. The owner of any proposed use, structure, or tree which will be located in the approach zone, conical zone, horizontal zone, or transitional zone; and is 75 feet or more in height or is of such character or will be used in such a manner as to cause a reasonable question whether such proposed use, structure, or tree will conform with the requirements of this section (including § 250-36B) as determined by the Zoning Officer, shall apply for an airport zoning permit.
(2)
Application. Each application for an airport zoning permit shall indicate the purpose for which the permit is desired with sufficient particularity to provide for the determination whether the proposed use, structure, or tree will conform with the regulations of this section. No application shall be reviewed unless accompanied by the fee established by Council by resolution.
(3)
Issuance.
(a)
If the Zoning Officer determines that such proposed use, structure, or tree conforms with all of the requirements of this section, he shall issue an airport zoning permit. The Zoning Officer may require the owner of any proposed use, structure, or tree to install, operate, and maintain (at the owner's expense) thereon such markers or lights as the Zoning Officer deems necessary to indicate the presence of such proposed use, structure, or tree.
(b)
The Zoning Officer shall not issue an airport zoning permit for any proposed use, structure, or tree which he deems will not conform with all of the regulations of this section.
(c)
The decision of the Zoning Officer may be appealed to the Zoning Hearing Board pursuant to § 250-74E(1)
F.
Variances.
(1)
Application. In addition to the applicable requirements of § 250-36F(2), a copy of each application for a variance from the regulations of this section shall be furnished to such official or body authorized by the airport. No decision shall be made until 15 days after receipt of the application unless such official or body advises the Zoning Hearing Board as to the impact of such variance on aeronautical safety and operations.
(2)
Issuance. In addition to the applicable requirements of § 250-74E(3), the Zoning Hearing Board shall not grant a variance from the regulations of this section, unless the following conditions are met:
(a)
That the application for a variance shall be accompanied by a determination from the Federal Aviation administration that the effect of the proposed variance shall not diminish the safe, efficient use of navigable airspace or the operation of air navigation facilities;
(b)
That it would be infeasible to alter or make use of the use, structure, or tree without the proposed variance;
(c)
That the variance represents the minimum variance needed to make use of the use, structure, or tree; and d. That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
§ 250-37 (((-411.))) Landscaping, open space and common open space.
[Amended 1-13-2016 by Ord. No. 2015-07]
§ 250-38 (((-38.))) Structures and easements or right-of-way lines.
No new structure shall be permitted within an easement or within one foot of an easement line or right-of-way line and shall meet all other zoning regulations prior to the issuance of a building permit.
§ 250-39 (((-412.))) Keeping of pets.
Keeping of animals and pets shall comply with the regulations and standards of this section:
A.
Hoofed animals. A minimum of three acres shall be required for one hoofed animal with one hoofed animal allowed for every acre to a maximum of 10 acres. For lots exceeding 10 acres, there shall be no limit for the number of hoofed animals kept on the lot.
B.
Fowl. A minimum of two acres shall be required for keeping of fowl, with a maximum of 20 fowl allowed on any one lot.
C.
Dogs. No more than three dogs, six months of age or older, shall be kept on any one lot. Any lot on which four or more dogs, six months of age or over, are kept shall be deemed a kennel.
§ 250-39.1 Certificate of occupancy.
[Added 9-23-2004 by Ord. No. 2004-8]
A.
Prior to the change in ownership or tenancy of any residential dwelling unit or structure, including individual leased areas thereof (collectively referred to hereinafter as the "premises"), the Township shall inspect the premises for compliance with the Zoning Ordinance (hereinafter referred to collectively as the "Township Zoning Code").
B.
The inspection required hereby shall be conducted after requests therefor have been submitted in writing to the East Allen Township Zoning Officer.
C.
Inspections shall be conducted under the direction of the East Allen Township Zoning Officer.
D.
The cost of conducting the inspection shall be paid in advance and shall be the sole responsibility of the current owner or landlord. The inspection charge shall be consistent with the fee schedule as set forth in the fee schedules of the Township as amended from time to time.
E.
Residential. Inspection of property and any structure for compliance with the Zoning Ordinance.
F.
Abatement of violations.
(1)
In the event that violations of the Township Codes exist in or upon the premises, such violations shall be addressed by either:
(a)
The current owner or landowner abating the violations prior to the transfer of ownership of the premises or prior to the tenant occupying the premises; or
(b)
The new owner or new tenant executing, and notarizing, a statement to the effect that the extent of the violations have been made known to such new owner or tenant; and that such new owner or tenant shall begin to abate the violations within 30 days of taking possession, but no later than the issuance of a certificate of occupancy.
(2)
The form of the statement shall be prescribed by the East Allen Township Zoning Officer and shall have attached thereto the violations noted during the Township inspection.
G.
Certificate of occupancy. Prior to the new owner or tenant taking possession of or occupying the premises, or contemporaneously therewith, such new owner or tenant shall secure from the East Allen Township Zoning Officer a certificate of occupancy. A certificate of occupancy shall not be issued unless the inspection required by this section has been completed and all violations are abated pursuant to the provisions of Subsection F. A temporary certificate of occupancy may be issued at the discretion of the Zoning Officer so long as corrections or modifications are commenced and pursued with reasonable diligence and within the time limits specified on the face of the temporary certificate of occupancy.
H.
No warranty. By conducting the inspections pursuant to this section, the Township does not warrant or guarantee the complete safety or suitability of the dwelling, unit or structure purchased or leased.
§ 250-39.2 Regulations governing forestry.
[Added 9-22-2005 by Ord. No. 2005-8]
The requirements contained in this section are required for any forestry operation where the value of the trees, logs or other timber products removed exceeds $ 1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or the precommercial timber stand improvement.
A. FELLING LANDING LITTER LOP OPERATOR LANDOWNER PRECOMMERCIAL TIMBER STAND IMPROVEMENT SKIDDING SLASH STAND STREAM TIMBER HARVESTING, TREE HARVESTING OR LOGGING TOP WETLAND
Definitions. As used in Subsections A through F, the following terms shall have the meanings given them in this section.
The act of cutting a standing tree so that it falls to the ground.
A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
Discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow the material to settle close to the ground.
An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
A forest practice, such as thinning or pruning, which results in better growth, structure, species composition or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
Dragging trees on the ground from the stump to the landing by any means.
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
Any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
Any natural or artificial channel or conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
The upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and, that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
B.
Permit required; preparation of logging plan.
(1)
For all timber harvesting operations, the landowner shall obtain a permit from the Township Zoning Officer. No timber harvesting shall occur until the permit has been issued. The permit application shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting and completion date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this ordinance. No timber harvesting shall occur until the plan has been prepared and a permit issued. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
(3)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
C.
Contents of logging plan.
(1)
Minimum requirements. As a minimum, the logging plan shall include the following:
(a)
Location, design, construction, maintenance and retirement of the access system, including haul roads, skid roads and skid trails.
(b)
Location, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
(c)
Location, design, construction and maintenance of stream and wetland crossings.
(d)
The location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(e)
Location, construction and maintenance of any landing areas.
(f)
The proposed silvicultural harvesting method narrative, with specific attention to the following:
(2)
Map. Each logging plan shall include a site map containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
(b)
Topographic features of at least USGS level and an evaluation of potential environmental problems;
(c)
Location of all earth disturbance activities such as roads, landings and water control measures and structures;
(d)
Location of all crossings of waters of the commonwealth; and
(e)
The location of the proposed operation to municipal and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following. Required permits shall be obtained and submitted with the Township permit application.
(a)
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.). The owner or operator shall submit their erosion control plan to the Northampton County Conservation District and must receive a letter of adequacy for the plan;
(b)
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
(c)
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.).
(4)
Relationship to state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated map specified in Subsections C(3)(a) and (b) of this section, provided that all information required by these subsections, including the letter of adequacy from the County Conservation District, is included or attached.
D.
Forest practices. The following requirements shall apply to all timber harvesting operations in the Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining property line.
(3)
All tops and slash between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining property or within 50 feet of adjoining property shall be lopped to a maximum height of four feet above the surface of the ground,
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
E.
Road access; responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. Pursuant to 67 Pennsylvania Code, Chapter 189, the landowner or operator shall furnish a bond to guarantee the repair of such damages.
(1)
If the forestry operation proposes access to a Township roadway, a driveway permit is required.
F.
Enforcement.
(1)
Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with Subsections A through F; and/or inspect the operation for compliance with the logging plan and other on-site requirements of these regulations; and/or inspect the post- forestry site for compliance with the closing operation.
(2)
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this ordinance, the Township Zoning Officer shall issue the operator and the landowner a written notice of violation following the procedures of the Township Zoning Ordinance. Penalties for violation are as prescribed in the Township Zoning Ordinance.
§ 250-39.3 Regulations governing the construction and closure of individual water supply wells.
[Added 1-11-2012 by Ord. No. 2012-04]
A.
It shall be unlawful to construct or close an individual water supply well without first obtaining a permit from the Township. Permits for an individual water supply well serving new construction must be obtained prior to the issuance of any building permit for the construction of any building(s) to be served by the well.
B.
This section shall apply to all individual water supply wells which have not been completed or which are not in operation or in operable condition at the time of passage of this section.
C.
Monitoring, agricultural, and geothermal wells not used to supply water for human consumption do not require permits under this section.
D.
All individual water supply wells shall be constructed and closed by a licensed water well driller. Said water well driller shall provide a certificate of construction and closure to the applicant and to the Township. After the completion of an individual water supply well construction or closure, the water well driller shall complete a certificate of well construction provided by the Township to verify that the well work has been completed in accordance with this section.
E.
This section shall not apply to the normal maintenance and repairs required to keep wells in proper working order.
F.
Each building intended for human occupancy must be connected to a public water supply system and/or be provided with an individual water supply system prior to the issuance of an occupancy permit.
G.
Drilling of individual water supply wells shall be prohibited if a public water supply system is adjacent to the property and available within 150 feet from the structure or use and/or if the property is within an ordained water district.
H.
Individual water supply wells shall be prohibited for use by the occupants of new buildings if a public water supply system is adjacent to the property and available within 150 feet from the structure or use and/or if the property is within an ordained water district.
I.
Groundwater withdrawal wells other than individual water supply wells shall be prohibited to be drilled or used for any use after the effective date of this section where a new use is located within 150 feet of the existing, adjacent and available public water supply system. In those situations, the landowner needing water shall connect to and utilize the water from the public water supply system. This prohibition, however, shall not apply in the following situations:
J.
Isolation distances - minimum distance.
(1)
Unless waived by the Board of Supervisors, minimum horizontal isolation distances shall be maintained between the proposed individual water supply well and the specified features (regardless of whether on the land of the applicant or adjoining lands) as follows:
(a)
Distance from a property line, right-of-way, or easement: 10 feet.
(b)
Distance from a dedicated road right-of-way line or any established future roadway widening easement, whichever is greater: 25 feet.
(c)
Distance from an existing or proposed building foundation: 30 feet, except that a distance less than 30 feet may be approved for the replacement of an existing well which does not meet this thirty-foot distance requirement.
(d)
Distance from the nearest part of any existing or proposed on-site sewage absorption system, including the drainfield: 100 feet.
(e)
Distance from the nearest part of any existing or proposed septic tank: 50 feet.
(f)
Distance from any gravity sewer line: 50 feet, except that said distance may be reduced to 10 feet when the gravity sewer is constructed of cast-iron pipe with watertight bell-and-spigot joints, or flanged joints fitted with watertight gaskets or mechanical joints, or is constructed of solvent-welded Schedule 40 or SDR equivalent PVC or bell-and-spigot SDR PVC pipe.
(g)
Distance from any sewage force main: 50 feet.
(h)
Distance from the nearest part of any existing or proposed stormwater infiltration facility: 100 feet.
(i)
Distance from any driveway: 10 feet.
(2)
A well may not be located within or under any building other than a separate structure constructed specifically for the housing of pumping equipment.
(3)
All suction lines from wells shall be at least 100 feet from all identifiable sources of contamination.
(4)
Any pressure water supply line shall be at least 10 feet removed from any subsurface disposal area.
(5)
All wells shall be located so as to be accessible for cleaning, treatment, repair, redrilling, testing, and inspection.
(6)
All wellheads shall be protected from surface wash or flooding.
K.
Permits.
(1)
Permits required. Permits required under this section or other Township ordinances are required prior to the construction or closure of an individual water supply well.
(2)
Application. The application shall be made upon a form supplied by the Township. The application shall set forth:
(a)
Name, address, and phone number of the owner of the property upon which the well construction, reconstruction or repair work is to be done.
(b)
Site address, subdivision name, and lot number.
(c)
Name(s) and address(es) of the contractor(s) who shall perform the work.
(d)
Driller, Pennsylvania license number, and telephone number.
(e)
Type of construction, intended use.
(f)
Type of sewage disposal.
(g)
Plot plan showing the address and location of the property; an accurate scale map of the premises showing the proposed location of the well; setback lines for wells; the exact location or proposed location of all buildings; existing wells and on-site sewage disposal systems, including septic tanks and existing, proposed, and replacement sewage disposal drainfields; the boundary lines of the premises upon which the well is proposed to be located; the boundary lines of all adjacent premises; the location of any wells and sewage disposal systems, including existing, proposed, and replacement drainfields, on adjacent properties; the location of any bodies of water and/or wetlands located on or abutting the premises; and the location of any underground storage tanks on the premises or adjoining premises known or readily determinable.
(3)
Limitation on issuance. No permit for an individual water supply well shall be issued for an unimproved lot or a lot on which a new or modified on-lot sewage disposal system is to be installed until an on-lot sewage permit has been issued.
(4)
Inspections.
(a)
Prior to submission of the permit application, the applicant must stake out the proposed location of the well and any existing or proposed on-lot sewage disposal system on the premises. Within 30 days of receipt of any application for a well permit, the Township shall perform an inspection of the premises on which the well is to be constructed to determine if the location conforms to the standards set forth herein. In situations involving an unimproved lot, said inspection shall be coordinated with the inspections performed pursuant to a building permit application and on-lot septic system application, if any.
(b)
The inspection shall be conducted in accordance with the provisions of this section and the provisions of any and all other relevant ordinances of the Township. Upon completion of the inspection, the Township officer shall either:
(c)
Upon completion of the individual water supply well construction or closure, and notice to the Township of said completion, provided by the owner or water well driller, the Township, through its duly authorized officer, shall perform a second inspection of the premises.
(5)
Disclaimer. Approval of the application and issuance of a permit for a well does not constitute a guaranty, warranty and/or representation by the Township regarding either quality or quantity of water that may be obtained as a result of any well drilled under the permit, nor does it indicate that the well is free from impacts and potential liabilities for the applicant. The permit provides the Township's approval to drill a well at the site shown on the permit and does not provide any guaranties, warranties, representations and/or approvals.
(6)
Revocation of permits.
(a)
A permit may be revoked by the Township at any time for any one or more of the following reasons, which reasons shall be provided to the permit holder in writing by the appropriate Township officer:
[1]
When any change has occurred in the physical condition of any lands which will materially affect the operation of a permitted well;
[2]
When an applicant has presented false information on his/her permit application;
[3]
When the permit issued by the Township fails to comply with the provisions of this section; or
[4]
When the applicant has violated the provisions of this section.
(7)
Application fee. All applications for construction or closure of an individual water supply well permit shall be accompanied by a fee payable to the Township in accordance with a schedule of fees established by resolution of the Board of Supervisors.
(8)
Effective dates of permits.
(a)
The Township shall act upon each such application for permit within 30 days after said application has been filed; and in the event of failure on the part of the said officer to render and communicate a decision to the applicant within said time period, the applicant shall have the right to request a hearing before the Township Board of Supervisors.
(b)
All permits shall be in effect as of the date of issuance and shall remain in effect for a period of one year thereafter. In the event that construction under the permit has not been completed at the expiration of one year from the date of issuance, the permit shall expire, the validity of the permit shall cease and terminate, and all fees paid shall be forfeited.
§ 250-39.4 Condominium ownership.
[Added 8-25-2016 by Ord. No. 2016-01]
A.
Intent. To allow certain land uses to be developed with ownership of buildings or portions of buildings by individuals, while all or most of the land area is owned commonly and maintained by a homeowners' association.
B.
Lot area requirements. All lot area, setback and other requirements of this ordinance shall be able to be met by any use or lot. However, with the approval of the Board of Supervisors, the actual division of land into separate lots with separate ownership is not required. Instead, a condominium form of ownership may be permitted.
C.
Maintenance of commonly owned land. Any process of maintenance of commonly owned land shall meet the requirements of Section 705(d) of the Municipalities Planning Code.[1] Any condominium or homeowners' association agreement shall be reviewed by the Township Solicitor and require approval of the Board of Supervisors prior to recording of the deeds. Any such agreement shall be filed as part of the subdivision or land development plan.
[1]
Editor's Note: See 53 P.S. § 10705.