Falls Township City Zoning Code
ARTICLE V
General Regulations
§ 209-34 Accessory building(s), structure(s) and/or use(s).
A.
Accessory building(s), structure(s), and/or use(s) as part of principal buildings. Any accessory building(s), structure(s) and/or use(s) attached to a principal building shall be considered part of the principal building, and the total structure shall comply with the yard requirements for the principal building regardless of the technique of connecting the principal and accessory building(s), structure(s) and/or use(s).
B.
Accessory building(s), structure(s) and/or use(s) not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building(s), structure(s) and/or use(s) prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building(s), structure(s) and/or use(s), the Code Enforcement Officer shall revoke the building permit for the accessory building(s), structure(s) and/or use(s) until construction of the main building has proceeded substantially toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building(s), structure(s) and/or use(s) and any other building(s) on the same lot shall be as prescribed in Article IV and in accompanying tables.
D.
Height and area of accessory building(s), structure(s) and/or use(s). The height and area of accessory building(s), structure(s) and/or use(s) shall be as prescribed in Article IV and in accompanying tables.
E.
Location. An accessory building(s), structure(s) and/or use(s) may be erected in side and rear yard only, except as otherwise provided herein, and shall be set back from side and rear lot lines as prescribed in Article IV and in accompanying tables, except that if erected on a corner lot, the accessory building(s) structure(s) and/or use(s) shall be set back from the secondary front yard to comply with the setback line applying to a principal building for that side street. Parking lots and residential driveways are permitted in front yards.
F.
Tractor-trailers, cargo boxes or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings or structures for storage or for any other purpose in any residential zoning district. In commercial zoning districts, tractor-trailers, cargo boxes or other vehicles or structures meant to be transportable shall be permitted as an accessory building(s) or structure(s) for storage or for any other purpose and shall be located in the rear of the principal building only. Where a commercial zoning district abuts a residential zoning district, any such tractor-trailers, cargo boxes and other vehicles or structures meant to be transportable must be screened from the abutting residential district by means of a planted buffer and/or screening fence that cannot be seen through and that provides a visual screen for the abutting properties.
§ 209-34.1 Outside storage and display.
Where outside storage and display is permitted in any zoning district, it shall be an accessory use that is necessary and incidental to the principal use on the property. No outside storage or display shall be permitted or established unless a principal use and all necessary improvements, structures and buildings for the principal use have been approved and constructed.
§ 209-35 Attached dwellings.
Within any district allowing attached dwellings, construction containing attached dwellings shall not take place unless the following minimum standards are met, in addition to the requirements specified for the HR, HR-TH and AQ Districts.
A.
Each dwelling unit and complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, including consideration of landscaping techniques, building orientation to the site and other structures, topography, natural features, individual features and individual dwelling unit design.
B.
A certification by the appropriate utility(ies) shall be required confirming the adequacy and availability of water and sanitary sewer facilities to service the proposed development. Prior to the issuance of a certificate of occupancy, all dwelling units shall be connected to public water and sanitary sewer facilities if available, approved and functioning in compliance with Falls Township's controlling ordinances and with the rules and regulations of the appropriate utility(ies) and, if applicable, approval of the Bucks County Health Department.
C.
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve, as measured along driveways and walkways.
D.
An attached dwelling building may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths:
E.
In addition to any storage area contained inside individual attached dwelling units, there shall be provided in the case of apartments 160 cubic feet of inside storage area for each dwelling unit where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from the belongings of other occupants. In addition to the above, apartments shall further provide a minimum common inside storage area for each building of 80 cubic feet per dwelling unit, located convenient to the outside ground level, for bicycles, perambulators and similar types of equipment.
F.
Sufficient area and equipment shall be made available within each building for the laundering and drying of laundry of occupants of each building.
G.
Each building or group of buildings shall contain a television antenna system adequate to serve all dwelling units within the building or buildings. In lieu of a television antenna, the building may be connected to a television cable if available.
H.
The apartment owner shall appoint a representative who shall reside or maintain an office within the Township and shall be empowered by the owner to take all necessary actions to assure that all provisions of this chapter are met at all times. The owner shall provide at least one representative who shall reside on the premises.
§ 209-36 Existing permits and approvals.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days after enactment of this chapter and shall be continually and diligently pursued to completion; otherwise said permit shall be void.
§ 209-37 Fences, walls and sight triangles.
A.
In all nonindustrial areas, or in any area which borders a nonindustrial area, no fence shall be erected of barbed wire, topped with metal spikes, electrified or constructed of any material or in any manner which may be dangerous to persons or animals. Electric fences are permitted by conditional use in industrial areas.
B.
No fences or walls may be constructed in the clear sight triangle at street intersections or any portion of the street right-of-way or in a public easement.
C.
On any lot in residential districts and on residential properties, no wall, fence or hedgerow may be erected or altered that will be over six feet in height, except for evergreen plantings only along the secondary front yard of reverse frontage lots which may exceed six feet. On any lot in nonresidential districts, no wall, fence or hedgerow may be erected or altered that will be over eight feet in height. No fence, wall or hedgerow used as a barrier along or near the property boundary shall be located in the front yard except as follows:
(1)
On reverse frontage lots, where there is a street to the front and the rear of the property, a fence, wall or hedgerow which otherwise meets the requirement of this section may be erected in the secondary front yard.
(2)
On a corner lot with frontage along two streets to the front and the side of the property, a fence that is not a visual barrier, i.e., an open chain link fence or split rail fence, may be constructed in the secondary front yard (or side yard). This fence may not be constructed in the clear sight triangle. The fence in the secondary front yard shall not be altered or erected to be over four feet in height. A wall, hedgerow or solid fence may not be constructed in the secondary front yard.
§ 209-38 Grading; clean fill.
All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on another property or on a street right-of-way.
§ 209-38.1 Buffers.
Buffer areas are, in addition to other yards required by this chapter, required along lot and street lines of all tracts, other than those of lots and subdivision tracts designed for single-family detached dwellings, where said property lines or the center line of adjacent streets abut residential uses or residential district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. Buffer areas shall be in addition to applicable setbacks and shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, stormwater management facility, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be maintained with grass or ground cover and screened with clustered plantings of trees, shrubs or other plant materials meeting the following requirements:
A.
Plant materials used in screen planting shall be at least six feet in height when planted. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insects and disease.
B.
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
C.
The screen planting shall be so designed that at maturity, the plant material will be no closer than three feet from any street or property line and shall not interfere with sight distance requirements.
D.
The buffer area shall be the first yard measured from the property line and shall not be broken except for approved access areas, and driveways shall be permitted only to cross buffer yards, not to lie within buffer yards.
E.
Minimum width of buffer yards.
(1)
Industrial uses or districts against all other uses or districts: 50 feet.
(2)
Commercial and office uses or districts against all other uses or districts: 25 feet.
(3)
Multiple-family residential developments or mobile home parks against all other districts or uses: As set forth in § 209-16.1E(1).
(4)
Institutional uses or districts against all other uses or districts: 20 feet.
F.
Screening of dumpsters. All dumpsters and trash storage areas shall be screened by use of plants or fences so that they are not visible from the street or from neighboring properties.
G.
Buffer yards required along Delaware Canal. Properties abutting the Delaware Canal shall maintain a buffer yard which shall be 25 feet in width from the edge of the canal, measured perpendicular to the canal, in which no buildings, accessory buildings, structures or fences over four feet in height shall be permitted. Canal buffer yards need not be planted with screen plantings but shall remain open and unobstructed.
§ 209-39 Impact studies.
A.
Studies to determine the impact of development shall be submitted where any application for a change in zoning is required for approval.
B.
A "change of zoning" and/or "curative amendments" generally means a deviation from the previously planned growth pattern of the Township. Such changes invariably have an impact on the community, on the environment or on taxes. A detailed statement of these impacts is therefore to be submitted pursuant to this article. Such statement shall contain the following:
(1)
Environmental impact, including any anticipated or proposed change in existing environment standards, as well as the predicted impact on wildlife habitats, scenic areas, and the general amenity for the community.
(2)
Transportation impact. Analysis of existing road capacities adjacent to the site and from the site to bounds of the Township. All hazardous or congested areas, existing or to be created, shall be identified. Recommended improvements and their costs shall be listed.
(3)
Services impact. Define demand for public services, sewer, water, police, and schools. All capacities of existing facilities shall be identified and compared with demands that would be generated if the proposal were implemented.
§ 209-40 Lighting.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, institutional, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas shall be illuminated adequately from 1/2 hour after sunset to 1/2 hour before sunrise. The lighting plan shall conform to the requirements in the Falls Township Subdivision and Land Development Ordinance.[1]
§ 209-41 Nonconforming uses, structures, signs or lots.
The lawful use of land, buildings, signs or structures existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the zone in which such land, buildings structures are located. However, no building, structure or use shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered in excess of more than 50% of the area occupied by such building except in conformity with the regulations of this chapter for the district in which such buildings, structures or uses are located. This expansion of buildings or structures will be permitted only if the nonconforming use has not been previously expanded up to 50% after it became a nonconforming use, and if previously expanded less than 50% after it became a nonconforming use, it may be expanded to a total of 50% of the original nonconforming building, structure or use. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming, and no nonconforming use shall be extended to displace a conforming use. All nonconforming uses, structures and lots shall conform to all requirements of this section.
A.
Abandonment or discontinuance. Any nonconforming use not in operation or unoccupied for a period of 12 consecutive months shall be subject to a presumption that the use has been abandoned.
B.
Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.
C.
Restoration. Any nonconforming structure or use which has been condemned or destroyed by fire, explosion, flood, windstorm or other act of God shall be examined by the Township Code Enforcement Officer. If the damage is greater than 75% of the structure, the Zoning Officer may order the structure completely destroyed, with the exception that a new building may be erected no larger than the previous foundation would permit. In the event of a damaged or condemned structure where the damage or value of restoration is less than 75%, the nonconforming structure or use may be rebuilt and used for the same nonconforming use, provided that it does not exceed the height, area and volume of the original structure and the reconstruction shall commence within one year from the date the building was damaged or condemned and shall be carried on without interruption. The total value of the structure shall be used on the current cost of replacing the remaining usable elements of the structure. The cost of replacing the portion that was damaged or requires rebuilding shall be computed as a percentage of the current value of the structure as outlined above.
D.
Repairs and maintenance. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.
E.
Sale. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that the other provisions of this section are met.
§ 209-42 Off-street parking and loading.
A.
Driveways. Nothing shall prohibit driveways for dwelling units from being considered one or two off-street parking spaces, except that no parking will be permitted on the curbline, the sidewalk area or the planting strip between the curbline and sidewalk area. In addition, each driveway parking space (nine feet by 18 feet) must be contained within an area of the driveway that is a minimum of five feet away from the building wall and a minimum of three feet away from the sidewalk, street curbline, or street edge.
B.
Landscaping.
(1)
Except for detached dwelling units, a clustered planting of dense plant material not less than four feet in height and 10 feet in width shall be provided and maintained between the off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between such area and the lot line or the street line is greater than 150 feet.
(2)
All loading areas which are adjacent to residential or commercial districts or uses shall be landscaped and screened with clustered plantings with dense plant material between the area of the parked vehicles or loading platforms and any public street or adjacent residential districts or uses. Such screening shall be by a fence, wall, planting or combination of all three, shall not be less than six feet in height and shall be permanently maintained.
C.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 209-40. All parking facilities, with the exception of residential driveways, spaces shall be lighted.
E.
Access. Access points from any one nonresidential lot, crossing the street line, shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart, and such access points shall handle no more than four lanes of traffic. Continuous open driveways in excess of 30 feet at the street line shall be prohibited, except that for nonresidential uses, this dimension shall be measured at the straight portion of the driveway prior to the radii rather than the street line. However, this dimension shall not be measured at a point more than 55 feet from the street line. Curbing shall be depressed at the driveway connected with the street at the access point.
F.
Location of parking and loading.
(1)
Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces, except that:
(a)
Shared parking may be permitted as follows:
[1]
To service more than one lot in Planned Industrial Park Districts, provided that no parking space shall be located more than 500 feet from the nearest employees' entrance and any building served by the spaces and that no street designated as a collector road, arterial road or expressway is located between the parking area and any building served by the parking area.
(b)
No parking of vehicles shall be permitted in fire lanes, drive aisles, sidewalks, buffer areas or turning areas or in front of driveways.
(2)
The parking of commercial vehicles, trucks or buses whose registered gross weight is equal to or greater than 14,000 pounds is prohibited in residential districts at all times. For purposes of this chapter, the term "commercial vehicle" shall not include recreational vehicles, campers and similar vehicles not intended for commercial use. The overnight parking of school buses in residential districts is prohibited.
G.
Type of facility. Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designated to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle, except for single-family dwellings.
H.
Minimum off-street parking.
(1)
Single-family detached houses and manufactured homes: two adjacent, side-by-side spaces.
(2)
Attached dwellings and HR-TH District.
(a)
Attached dwellings.
[1]
For each efficiency and one-bedroom unit, there shall be provided 1.75 spaces.
[2]
For each two-bedroom unit or larger, there shall be provided two spaces.
[3]
For each recreation area, there shall be a minimum of five spaces for each 1/2 acre of recreation area.
[4]
In each development, there shall be provided for guests one space for each one dwelling unit or fraction thereof.
(b)
Special parking requirements for HR-TH High-Density Townhouse Residential District:
[1]
Each dwelling unit shall provide for a minimum of two parking spaces, each of which shall be at least nine feet by 18 feet.
[2]
Except for driveways, all parking spaces shall be a minimum of 20 feet from the townhouse building.
[3]
Placement of spaces shall be staggered so that cells of 10 spaces do not directly oppose.
(3)
Home occupations shall provide a minimum of one space per 100 square feet of gross floor area or fraction thereof devoted to the home occupation. In addition to the spaces otherwise required, home occupations shall provide a minimum of 1.5 space for each employee, including the resident.
(4)
Churches and similar places for religious worship shall provide one space for every five permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.) Where fixed seats are not provided, one space shall be provided for every 50 square feet of gross floor area devoted to worship, plus one space for each employee on the premises at any given time.
(5)
School. Two spaces per employee for grades kindergarten through 10th grades, and 2 1/2 spaces per employee for grades 11, 12 or higher, in addition to space required for school bus loading, unloading and storage.
(6)
Convalescent homes (also known as nursing homes) and hospitals shall provide 1 1/2 spaces for each patient bed plus one space per employee on the two major shifts plus one space for each staff doctor and each visiting doctor.
(7)
Clubs and lodges and public entertainment facilities, auditoriums and similar uses: there shall be provided one space for every 50 feet of floor area, intended to be used by patrons, guests, members, clients or customers, plus one space per employee on the premises at any one time.
(8)
General office: one space for every 170 square feet of gross floor area.
(a)
For corporate centers, office parks and commercial parks having a total building floor area in excess of 300,000 square feet, one space for each 300 square feet of gross floor area are required.
(9)
Banks and savings institutions: one space for each 170 square feet of gross floor area.
(a)
For banks with a drive-in window, lane stacking for at least six vehicles will be provided off any public thoroughfare in addition to any other parking requirements.
(10)
Bar/tavern: one space per every 50 square feet of gross floor area, plus one space per employee on the largest shift.
(11)
Retail sales of goods and services, one space per 180 square feet of gross floor area or fraction thereof, plus one space per employee.
(12)
Shopping center: one space per 180 square feet of gross floor area or fraction thereof, plus one space per employee.
(13)
Restaurant: one space for every three seats for patron use or one space per 50 square feet of gross floor area, whichever is greater; plus one space per employee on the largest shift.
(14)
Commercial theater: one space for every two seats.
(15)
Hotel and motel: one space per bedroom and three additional spaces for each 50 bedrooms or fraction thereof, plus one space per employee.
(16)
Motor vehicle fueling station. One space for each 300 square feet of gross floor area or four spaces for each service bay, whichever requires the greater number of spaces, plus one space for each employee. Off-street parking spaces shall not be a part of, nor interfere with, accessways to fueling pumps.
(17)
Motor vehicle repair garage. One space for each 100 square feet of gross floor area, or four spaces for each service bay, whichever requires the greater number of spaces, plus one Space for each employee.
(18)
Garden center: six spaces per 1,000 square feet of gross floor area or fraction thereof in buildings or 15 parking spaces, whichever is greater.
(19)
Bowling alley: four spaces per bowling lane, plus one space per employee.
(20)
Automobile sales: 10 spaces for customers, separated from vehicular display not used by customers. There shall further be one parking space per employee on the premises.
(21)
Car wash: three access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 12 vehicles, and one separate space for each waxing, upholstery cleaning or similar specialized service area and one space for every employee. There shall be one space for each vacuum. All vehicle entrances shall be from the rear of the building.
(a)
For self-service car washes, there shall be one lane for each bay, enough space for five stacked cars per lane, and one parking space per employee.
(22)
Industrial. The occupant of the parcel shall provide parking areas in accordance with the following standards:
(a)
Parking areas shall be paved with a dust-free all-weather surface.
(b)
The occupant of the parcel shall determine the size of the parking area by the use, at its election, of one of the following methods:
[1]
Number of personnel: 1.25 spaces for each employee on the major shift, two spaces for each managerial personnel and one additional parking space for each business-related vehicle located on the premises.
[2]
Amount of building floor area: one space for each 500 square feet of manufacturing area, plus one space for each 400 square feet of office area.
(23)
Library/museum/visitor center/historic building. One space per five seats or one space for each 250 square feet of gross floor area where no seats are provided, plus one space per employee.
(24)
Community center/senior center. One space for each four seats provided for patron use or at least one space for each 200 square feet of gross floor area intended to be used for service to customers, patrons, clients, guests, or members, plus one additional space for each employee.
(25)
Medical/dental/veterinarian office or clinic. One per 150 square feet of gross floor area, plus one space for each doctor and each full-time employee.
(26)
Fast-food restaurant. One space for every 50 square feet of gross floor area or one space for every two seats, whichever requires the greater number of spaces, plus one space for each employee on the largest shift. For fast-food restaurant with a drive-in window, lane stacking for at least six vehicles shall be provided off any public thoroughfare in addition to any other parking requirements.
(27)
Gym/fitness center/athletic facility. One space for every three persons of total capacity or at least one space for every 150 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.
(28)
Target/shooting range. One space for every three persons of total capacity or at least one space for every 150 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.
(29)
Marina. Two spaces per boat slip plus one space for each employee on the largest shift.
(30)
Adult business. One space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, or one for each four seats provided for patron use, whichever requires the greater number of spaces, plus one additional space for each full-time employee.
(31)
Emergency services. One space for each on-duty member plus, where a community room is provided, one space for each 100 square feet of gross floor area.
(32)
Truck terminal. One space for each employee, or one space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.
(33)
Fuel storage and distribution. One space per employee on the largest shift, plus one space for each company vehicle normally stored on the premises.
(34)
Junk yard. One space for each employee on the largest shift, plus one space for each company vehicle normally stored on the premises.
(35)
Food/beverage stand. One space per employee and 15 spaces for customers/visitors.
(36)
College/university. One space per faculty member and employee plus two spaces for each three classroom, laboratory or auditorium seats.
(37)
Funeral home/mortuary. One space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, or one space for each four seats provided for patron use, whichever requires the greater number of spaces, plus one space for each employee on the largest shift.
(38)
Commercial school. One space per faculty member and employee, plus one space for every two nonresident students, at total enrollment.
(39)
Medical marijuana dispensary: one space per 200 square feet of gross floor area.
(40)
Medical marijuana grower/processor: one space per 500 square feet of gross floor area.
(41)
Brewery, microbrewery, micro-winery, distillery, brew pub: one space for every three seats for patron use or one space per 50 square feet of gross floor area, whichever is greater, plus one space per employee on the largest shift.
(42)
Sober living environment: Off-street parking requirements for a home occupation, above, plus: one additional space for each nonresident staff person; and one additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility.
I.
Minimum off-street loading. All properties shall provide a designated space/area for loading and unloading of materials in locations which are removed from streets and highways, in addition to the parking spaces required above.
J.
Reduction of nonresidential parking requirements. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
(1)
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
(2)
The conditional reduction shall provide for the establishment of no less than 80% of the required number of parking spaces as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.
(3)
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be considered open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
(4)
The developer shall enter into a written agreement with the Board of Supervisors that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined the required number of parking spaces is necessary to satisfy the need of the particular land development.
(5)
With recommendations of a traffic engineer, the Township Engineer and the Planning Commission, the Board of Supervisors shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space. Any cost for the above shall be borne by the developer.
(6)
Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as required parking shall be so designated on the land development plan and shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.
§ 209-43 Performance standards.
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a building permit may be issued with the condition that no certificate of occupancy will be issued until such time as the documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any occupancy or use of any structure, and in the event any use fails to meet the performance standards after the certificate of occupancy is issued, the Zoning Officer may, after proper notice, revoke the certificate and the use shall terminate.
A.
Dust. No use shall generate total suspended particles or other air pollutant in excess of any Pennsylvania or federal standards. No use shall generate more than five milligrams per cubic meter of total suspended particles (particulate) measured at the property line.
B.
Fumes and gases. No use shall generate fumes and gases or other air pollutant in excess of any Pennsylvania or federal standards.
C.
Electricity. Electric or electronic equipment shall be shielded in accordance with FCC standards so there is no interference with any properly operating radio or television receiver at the lot line or beyond the operator's dwelling unit in the case of multiple family dwellings as the result of the operation of such equipment.
D.
Glare. No use shall produce a light intensity greater than zero footcandle measured at the property line.
E.
Heat. No use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses at the property line.
F.
Noise.
(1)
Other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals, or time signals, the sound level of any operation shall not exceed the decibel levels as stated below.
(2)
Sound-pressure levels shall be measured at the property line upon which the emission occurs. The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows. (All of the decibel levels stated below shall apply in each case.)
Center Frequency Cycles Per Second | Maximum Permitted Sound Pressure Level (decibels) |
|---|---|
31.5 | 65 |
63 | 63 |
125 | 62 |
250 | 57 |
500 | 51 |
1,000 | 46 |
2,000 | 37 |
4,000 | 26 |
8,000 | 17 |
(3)
If the noise is not smooth and continuous or is radiated between 10:00 p.m. and 7:00 a.m., one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above.
Type of Operation or Character of Noise | Corrections in Decibels |
|---|---|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | -3 |
Noise occurs less than 5% of any one-hour period | +5 |
Noise is of a periodic character or is of an impulsive character (In case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and the impulse peaks shall not exceed the basic standards given above.) | -5 |
G.
Vibration. Any use or portion thereof creating earth-shaking vibration shall be set back a minimum of 300 feet from the property line. All such operations shall be controlled so as to prevent transmission beyond the lot lines of earth-shaking vibrations.
H.
Radiation. Radiation shall be measured by counting alpha, beta and gamma radiation with a radiation counter. No use shall cause an increase in the radiation background levels for this area of Pennsylvania, which is 0.01 to 0.03 milliroentgens per hour.
I.
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer desirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
§ 209-43.1 Residential driveways.
A.
No person shall construct or alter a driveway which opens upon a Township road except in full accordance with the terms of this chapter.
B.
A driveway may provide vehicular access to a Township road for not more than three lots.
C.
Portions of driveways, subject to the terms of this chapter, which lie within the ultimate right-of-way lines of a Township road and which lie without such ultimate right-of-way lines but within 20 feet of the roadway pavement shall be constructed as follows:
(1)
Grade. The maximum allowable grade for driveways shall be 8%, as indicated in Chapter 191 of the Falls Township Code.
(2)
Material. Driveways shall be concrete, masonry paver units, or bituminous concrete.
(3)
Width. Driveways shall have a maximum width of 20 feet.
(4)
Driveways shall be kept a minimum of two feet from the property line, unless preexisting, to maintain the designed flow of stormwater, and prevent excess accumulation of stormwater on the property.
D.
Unobstructed sight distance. No permit shall be issued for any driveway and no driveway shall be constructed where the sight distance thereon from a point 15 feet from the edge of the cartway of the Township road, upon which the driveway opens, is less than 100 feet in either direction with respect to the view of oncoming traffic on such Township road.
E.
One driveway. All single-family detached dwelling units shall have one paved driveway with one opening to a public road. If the property has access to two roads, the driveway shall be to the road with the lowest road designation.
F.
Apron. On roads having concrete sidewalks and/or curbs, the driveway apron shall be reinforced concrete with a minimum depth of six inches and constructed in accordance with the Falls Township Design Standards.
G.
Sidewalk. The sidewalk between the driveway apron and the driveway shall be reinforced concrete with a minimum depth of six inches and constructed in accordance with the Falls Township Design Standards.
H.
Plant strip. The planting strip between the sidewalk and the curb shall not be paved and nothing shall be placed on such strips except those customarily on strips, such as mailboxes, grass and plants.
I.
Depressed curb. Depressed curbs in residential areas are intended to only be used for handicapped ramps or driveways.
J.
Driveways shall be constructed in such a manner as to not divert stormwater onto any other property.
§ 209-44 Riverfront uses.
Structures other than recreational buildings, water treatment plants, sewage treatment plants, wharves, piers, fences, railroads, roads, marinas and marine terminal facilities, including necessary equipment and accessory structures for the above, shall not be located within 100 feet of the mean high-tide line of the Delaware River. All other areas within the one-hundred-foot setback area which are not occupied by the above permitted uses shall be retained in their natural state.
§ 209-45 Signs.
A.
Applicability. Any sign erected, altered, or maintained after the effective date of this section shall conform to the following regulations and the restrictions set forth in § 209-25I of this chapter.
B.
Purpose and intent. Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this section is to regulate all signs within the Township to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:
(1)
Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of the Township;
(2)
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists;
(3)
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion;
(4)
Establishing a process for the review and approval of sign permit applications; and
(5)
Ensuring sign design that builds on the visual environment the Township seeks to promote.
C. ABANDONED SIGN ADDRESS SIGN ANIMATED SIGN AWNING AWNING SIGN BALLOON SIGN BANNER BEACON LIGHTING BUILDING FRONTAGE CANOPY CANOPY SIGN CHANGEABLE COPY SIGN CHANNEL LETTER SIGN CLEARANCE DIGITAL DISPLAY DIRECTIONAL SIGN FESTOON LIGHTING FLAG FLASHING SIGN FOOTCANDLE FOOTLAMBERT FREESTANDING SIGN(1) (2) GOVERNMENT/REGULATORY SIGN HISTORIC DISTRICT HOLIDAY DECORATIONS ILLUMINATED SIGN ILLUMINATION(1) (2) (3) INCIDENTAL SIGN INCIDENTAL WINDOW SIGN INFLATABLE SIGN INTERACTIVE SIGN LEGIBILITY LIGHT TRESPASS LIMITED DURATION SIGN LUMINANCE MANUAL CHANGEABLE COPY SIGN MARQUEE MARQUEE SIGN MECHANICAL MOVEMENT SIGN MEMORIAL SIGN MENU SIGN MESSAGE CENTER SIGN MESSAGE SEQUENCING MOTOR VEHICLE FUELING STATION CANOPY MOTOR VEHICLE FUELING STATION CANOPY SIGN MULTITENANT SIGN MURAL (or MURAL SIGN) NEON SIGN NONCONFORMING SIGN OFF-PREMISES SIGN OFFICIAL TRAFFIC SIGN ON-PREMISES SIGN PENNANT PERMANENT SIGN PERSONAL EXPRESSION SIGN PORTABLE SIGN PRIVATE DRIVE SIGN PROJECTING SIGN PUBLIC SIGN REFLECTIVE SIGN REVOLVING SIGN ROOF SIGN SANDWICH BOARD SIGN SCOREBOARD SECURITY SIGN SHIELDED SIGN SIGN AREA SIGN FACE SIGN HEIGHT SIGN SUPPORTING STRUCTURE SNIPE SIGN STOREFRONT STREAMERS STREET FRONTAGE STREET POLE BANNER TEMPORARY SIGN TRIVISION BOARD VEHICULAR SIGN VENDING MACHINE SIGN WALL SIGN WINDOW SIGN
Definitions. Words and terms used in this section shall have the meanings given in this section. Unless expressly stated otherwise, any pertinent word or term not part of his listing but vital to the interpretations of this section shall be construed to have its legal definition, or in absence of a legal definition, its meaning as commonly accepted by practitioners including civil engineers, surveyors, architects, landscape architects, and planners.
A sign which has not identified or advertised a current business, service, owner, product or activity for a period of at least 180 days, in the case of off-premises signs, or at least 360 days in the case of on-premises signs.
A sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service (also known as "nameplate sign").
A sign depicting action, motion, or light or color changes through electrical or mechanical means.
A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
Any sign painted on, or applied to, an awning.
A lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.
Any cloth, bunting, plastic, paper, or similar nonrigid material attached to any structure, staff, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners are temporary in nature and do not include flags.
Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.
The maximum linear width of a building measured in a single straight line parallel, or essentially parallel, with the abutting public street or parking lot.
A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.
Any sign that is part of, or attached to, a canopy.
A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system. The two types of changeable-copy signs are manual changeable copy signs and electronic changeable copy signs, which include message center signs, digital displays, and tri-vision boards.
A sign consisting of fabricated or formed three-dimensional letters, individually applied to a wall, which may accommodate a light source.
The distance above the walkway, or other surface if specified, to the bottom edge of a sign. This term can also refer to a horizontal distance between two objects.
The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
A sign designed to provide direction to pedestrian and vehicular traffic into and out of or within a site.
A type of illumination composed of either: (a) a group of incandescent light bulbs hung or strung overhead or on a building or other structure, or (b) light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
Any sign printed or painted on cloth plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.
A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirement set forth herein.
A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footcandle is equal to one lumen per square foot.
A unit of emitted light (from a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. One footlambert is equal to one lumen per square foot.
A sign supported by structures or supports that are placed on, or anchored in, the ground, and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:
[Amended 6-18-2019 by Ord. No. 2019-02]
GROUND SIGN: A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building. (Also known as "monument sign.")
POLE SIGN: A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.
A district or zone designated by a local, state, or federal government, within which buildings, structures, and/or appurtenances are deemed important because of their association with history, or because of their unique architectural style and scale.
Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons. (Also known as "seasonal decorations.")
A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.
EXTERNAL ILLUMINATIONArtificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.
INTERNAL ILLUMINATIONA light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this section.
HALO ILLUMINATIONA sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect. (Also known as "back-lit illumination.")
A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercial advertising.
A sign displayed in a window displaying information such as the hours of operation of a business, credit institutions accepted, commercial and civic affiliations, and similar information. This sign shall be informational only and shall not contain a commercial message.
A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.
An electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers.
The physical attributes of a sign that allow for an observer's differentiation of its letters, words, numbers, or graphics.
Light emitted by a lighting installation which extends beyond the boundaries of the property on which the installation is located.
A nonpermanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period.
An objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candles per square foot (cd/ft2).
A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign face.
A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements.
Any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema or other similar use, it may also advertise films or productions.
A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement such as used for banners or flags. Mechanical movements signs do not include digital signs that have changeable, programmable displays.
A memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.
A permanent sign for displaying the bill of fare available at a restaurant, or other use serving food or beverages.
A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.
The spreading of one message across more than one sign structure.
A freestanding, open-air structure constructed for the purpose of shielding service station islands from the elements.
Any sign that is part of, or attached to, the vertical sides of the gas station canopy roof structure. For the purposes of this section, gas station canopy signs shall be considered wall signs.
A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
A large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/or symbols.
A sign illuminated by a neon tube, or other visible light-emitting gas tube, that is bent to form letters, symbols, or other graphics.
A sign that was legally erected and maintained at the effective date of this section, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.
An outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located. (Also known as a third-party sign, billboard, or outdoor advertising.)
Official highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same premises where the sign is located.
A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.
A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movements of the sign and whose intended use appears to be indefinite.
An on-premises sign that expresses an opinion, interest, position, or other noncommercial message.
A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.
A sign indicating a street or drive which is not publicly owned and maintained and used only for access by the occupants of the development and their guests.
A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. (Also known as "blade sign.")
A sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.
A sign containing any material or device which has the effect of intensifying reflected light.
A sign which revolves in a circular motion, rather than remaining stationary on its supporting structure.
A building-mounted sign erected upon, against, or over the roof of a building.
A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians. (Also known as "A-frame sign.")
A sign contained within an athletic venue and intended solely to provide information to the attendees of an athletic event.
An on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign. (Also known as "warning sign.")
The description of a luminaire from which no direct glare is visible at normal viewing angles, by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts, or visors.
Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. Sign includes the sign faces as well as any sign supporting structure.
The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols.
The part of the sign that is or can be used for the sign area. The sign area may be smaller than the sign face.
The vertical dimension of a sign as measured using the standards set forth in this chapter.
Poles, posts, walls, frames, brackets, or other supports holding a sign in place.
A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as "bandit sign.")
The exterior facade of a building housing a commercial use visible from a street, sidewalk, or other pedestrian way accessible to the public and containing the primary entrance to the commercial establishment.
A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.
The side or sides of a lot abutting on a public street or right-of-way.
A banner suspended above a public sidewalk and attached to a single street pole. These signs shall not contain any commercial advertising.
A type of nonpermanent sign that is located on private property that may be displayed for no more than 30 consecutive days at one time.
An outdoor unit with a slatted face that allows three different copy messages to revolve at intermittent intervals.
A sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle site or is otherwise not incidental to the vehicle's primary purpose.
A sign displayed on a vending machine indicating the name of the product being sold and/or the price of such product.
A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. (Also known as "fascia sign," "parallel wall sign" or "band sign.")
Any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering being a store window are not considered signs.
D.
Prohibited signs.
(1)
Abandoned signs.
(2)
Snipe signs. Signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements of this chapter.
(3)
Vehicular signs. This regulation does not prohibit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
(4)
Mechanical movement signs, including revolving signs.
(5)
Pennant strings and streamers.
(6)
Animated signs, flashing signs, or signs that scroll or flash text or graphics.
(7)
Inflatable devices or balloon signs, with the exception of balloons used in temporary, noncommercial situations.
(8)
Any sign that imitates, resembles, interferes with, or obstructs official traffic lights, signs, or signals.
(9)
A sign that prevents free ingress or egress from any door, window, fire escape, or that prevents free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape.
(10)
A sign which emits smoke, visible vapors, particulate matter, sound, odor or contains open flames.
(11)
Reflective signs or signs containing mirrors.
(12)
Interactive signs.
(13)
Signs incorporating beacon or festoon lighting.
(14)
Any banner or sign of any type suspended across a public street, with the permission of the owner of the property and the street.
(15)
Roof signs.
(16)
Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state or federal government.
(17)
Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter.
(18)
A sign that exhibits statements, words, or pictures of obscene or pornographic subjects as determined by Falls Township.
(19)
Any sign that promotes illegal activity.
E.
Signs exempt from permit requirements. The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any.
(1)
Official traffic signs.
(2)
Government/regulatory signs.
(3)
Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from a window.
(4)
Holiday and seasonal decorations.
(5)
Personal expression signs of any sign type, including flags, provided that such signs do not exceed three square feet in area per side, an noncommercial in nature, and are not illuminated.
(6)
Address signs: up to two signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification.
[Amended 6-18-2019 by Ord. No. 2019-02]
(7)
Public signs: Signs erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.
(8)
Signs or emblems of a religious, civil, philanthropic, historical or educational organization that do not exceed four square feet in area.
(9)
Private drive signs: One sign per driveway entrance, not to exceed two square feet in area.
(10)
Security and warning signs: These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.
(11)
Flags:
(a)
Location. Flags and flagpoles shall not be located within any right-of-way.
(b)
Height. Flags shall have a maximum height of 30 feet.
(c)
Number. No more than two flags per lot in residential districts; no more than three flags per lot in all other districts.
(d)
Size. Maximum flag size is 24 square feet in residential districts, 35 square feet in all other districts.
(e)
Flags containing commercial messages may be used as permitted freestanding or projecting signs, and, if so used, the area of the flag shall be included in, and limited by, the computation of allowable area for signs on the premises.
(12)
Legal notices.
(13)
Vending machine signs.
(14)
Memorial signs, public monument or historical identification signs erected by Falls Township, including plaque signs up to three square feet in area.
(15)
Signs that are a permanent architectural feature of a building or structure, existing at the time of adoption of this section.
(16)
Signs advertising the variety of crop growing in a field. Such signs shall be removed after the growing season.
(17)
Incidental signs, including incidental window signs.
(19)
Art and murals, provided such signs do not contain any commercial messaging.
F.
General regulations.
(1)
Sign location.
(a)
No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color.
(b)
No sign may occupy a sight triangle.
(c)
Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment.
(2)
Sign materials and construction. Every sign shall be constructed of durable materials, using noncorrosive fastenings, shall be structurally safe and erected or installed in strict accordance with the Pennsylvania Uniform Construction Code, and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.
(3)
Sign area.
(a)
On-premises signs.
[1]
Only one side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45°, and the two faces are not more than 18 inches apart.
[2]
Where the faces are not equal in size, but the interior angle formed by the faces is less than 45° and the two faces are not more than 18 inches apart, the larger sign face shall be used as the basis for calculating sign area.
[3]
When the interior angle formed by the faces is greater than 45°, or the faces are greater than 18 inches apart, all sides of such sign shall be considered in calculating the sign area.
(b)
Off-premises signs.
[1]
Only one side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45°, and the two faces are not more than five feet apart.
[2]
Where the faces are not equal in size, but the interior angle formed by the faces is less than 45° and the two faces are not more than five feet apart, the larger sign face shall be used as the basis for calculating sign area.
[3]
When the interior angle formed by the faces is greater than 45°, or the faces are greater than five feet apart, all sides of such sign shall be considered in calculating the sign area.
[4]
Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects shall have a sign area of the sum of two adjacent vertical sign faces of the smallest cube encompassing the sign or object.
[5]
If elements of a sign are movable or flexible, such as a flag or banner, the measurement is taken when the elements are fully extended and parallel to the plane of view.
[6]
The permitted maximum area for all signs is determined by the sign type and the zoning district in which the sign is located.
(4)
Sign height.
(a)
Sign height shall be measured as the distance from the highest portion of the sign to the mean finished grade of the street closest to the sign. In the case of a sign located greater than 100 feet from a public street, height shall be measured to the mean grade at the base of the sign.
(b)
Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other structural elements.
(c)
The permitted maximum height for all sign is determined by the sign type and the zoning district in which the sign is located.
(5)
Sign spacing. The spacing between sign structures shall be measured as a straightline distance between the closest edges of each sign.
(6)
Sign illumination.
(a)
Signs may be illuminated, unless otherwise specified herein, consistent with the following standards:
[1]
Light sources to illuminate signs shall neither be visible from any street right-of-way nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.
[2]
No more than 0.2 footcandle of light shall be detectable at the boundary of any abutting property.
[3]
Hours of operation:
[4]
Brightness. Message center signs and digital displays are subject to the following brightness limits:
[a]
During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits.
[b]
At all other times, luminance shall be no greater than 200 nits.
[c]
Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change, in order to comply with the limit set herein.
[5]
Message duration. The length of time each message may be displayed on a message center sign, digital display, or tri-vision board sign is based upon the visibility and speed limit unique to individual signs and adjacent road conditions. The following method should be used to calculate message duration for message center signs, digital displays, or tri-vision board signs:
[a]
Determine the greatest distance from which the sign becomes visible on the road the sign is primarily intended to serve. If a sign is intended to be seen by more than one roadway, the road with the lower posted speed limit shall be used for determining message duration.
[b]
Multiply the road's posted speed limit (MPH) by 5,280, and then divide by 3,600 to obtain the speed limit in feet/second.
[Amended 6-18-2019 by Ord. No. 2019-02]
[c]
Divide the visibility distance by the speed limit (feet/second).
[d]
Add an additional 10% of this number to the total.
[e]
The resulting amount of time is the minimum permitted message duration, except where this value is less than eight seconds, in which event the minimum message duration shall be no less than eight seconds.
(b)
Types of illumination. Where permitted, illumination may be:
[1]
External. Externally illuminated signs, where permitted, are subject to the following regulations:
[2]
Internal. Internally illuminated signs, where permitted, are subject to the following regulations:
[3]
Message center signs are subject to the following regulations, in addition to all other illumination requirements established in this section:
(c)
Message center signs are subject to the following regulations, in addition to all other illumination requirements established in this section.
[1]
Sign type: Message center signs are permitted in the form of freestanding, monument, and wall signs, both on-premises and off-premises, in accordance with the regulations established in this chapter.
[2]
Height: A message center sign shall have the same height limits as other permitted signs of the same type and location.
[3]
Area:
[a]
When used as an on-premises sign, message center signs shall not exceed 50% of the sign area for any one sign, and shall not exceed more than 30% of the total area for all signs permitted on the property.
[b]
When used as an off-premises sign, message center signs may be used for full permitted sign area.
[4]
Maximum number: Where permitted, one message center sign is permitted per street frontage, up to a maximum of two message center signs per property.
[5]
Message display:
[a]
No message center sign may contain text which flashes, pulsates, moves, or scrolls. Each complete message must fit on one screen.
[b]
The content of a message center sign must transition by changing instantly (e.g., no fade-out or fade-in).
[c]
Default design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.
[6]
Conversion of a non-message center sign to a message center sign requires the issuance of a permit pursuant to this chapter.
[7]
The addition of any message center sign to a nonconforming sign is prohibited.
[8]
Public service announcements: The owner of every message center sign shall coordinate with local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to, Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to protocols of the agency that issues the information.
(d)
Digital display signs are subject to the following regulations in addition to all other requirements established in this chapter.
[1]
Sign type: Digital displays are permitted in the form of freestanding, monument, and wall signs, both on-premises and off-premises, in accordance with the regulations established in this chapter.
[2]
Height: A digital display shall have the same height limits as for other permitted signs of the same type and location.
[4]
Maximum number per property: Where permitted, one digital display sign is permitted per property.
[5]
Message display:
[a]
Any digital display containing animation, streaming video, or text or images which flash, pulsate, move or scroll is prohibited. Each complete message must fit on one screen.
[b]
One message/display may be brighter than another, but each individual message/display must be static in intensity.
[c]
The content of a digital display must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).
[d]
Default design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.
[6]
Conversion of a non-message center sign to a message center sign requires the issuance of a permit pursuant to this chapter.
[7]
The addition of any digital display to a nonconforming sign is prohibited.
[8]
Public service announcements: The owner of every digital sign shall coordinate with local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to, Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to protocols of the agency that issues the information.
(e)
Electrical standards.
[1]
Permits for illuminated signs will not be issued without an approved electrical permit, if required. Applications for electrical permits shall be filed at the same time as the sign permit application.
[2]
All work shall be completed in full compliance with the Township Electrical Code as set forth in the Pennsylvania Uniform Construction Code.
[3]
The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables.
[4]
The owner of any off-premises sign shall arrange for a certification showing compliance with the brightness standards set forth herein by an independent contractor and provide the certification documentation to the Township as a condition precedent to the issuance of a sign permit.
(f)
Glare control: Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.
G.
Regulations by sign: on-premises signs.
[Amended 6-18-2019 by Ord. No. 2019-02]
(1)
Wall signs.
(a)
No portion of a wall sign shall be mounted less than eight feet above the finished grade or extend out more than 12 inches from the building wall on which it is affixed. If the wall sign projects less than three inches from the building wall on which it is affixed, the eight-foot height requirement need not be met.
(2)
Canopy or awning signs.
(a)
A canopy or awning without lettering or other advertising shall not be regulated as a sign.
(b)
Canopy or awning signs must be centered within or over architectural elements such as windows or doors.
(c)
No awning or canopy sign shall be wider that the building wall or tenant space it identifies.
(d)
Sign placement.
[1]
Letters or numerals shall be located only on the front and side vertical faces of the awning or canopy.
[2]
Logos or emblems are permitted on the top or angled portion of the awning or canopy up to a maximum of three square feet. No more than one emblem or logo is permitted on any one awning or canopy.
(e)
Sign height.
[1]
The lowest edge of the canopy or awning sign shall be at least eight feet above the finished grade.
(f)
Any ground-floor awning projecting into a street right-of-way must be retractable.
(g)
Awnings above the ground floor may be fixed, provided they do not project more than four feet from the face of the building.
(h)
Multitenant buildings. If the awning or canopy sign is mounted on a multitenant building, all awning or canopy signs shall be similar in terms of height, projection, and style across all tenants in the building.
(3)
Projecting signs.
(a)
No portion of a projecting signs shall project no closer than four feet from the face of the building.
(b)
The outermost portion of a projecting sign shall project no closer than five feet from a curbline or shoulder of a public street.
(c)
Sign height. The lowest edge of a projecting sign shall be at least eight feet above the finished grade.
(4)
Window signs.
(a)
Incidental window signs displaying pertinent business information, such as the business' hours of operation and credit cards accepted, shall be excluded from area calculations for window signs.
(5)
(6)
Freestanding signs.
(a)
The lowest edge of any freestanding pole sign shall be neither less than four feet nor greater than seven feet above the ground.
[Amended 6-18-2019 by Ord. No. 2019-02]
(b)
Freestanding ground signs shall be supported and permanently placed by embedding, anchoring or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(c)
Sign placement.
[1]
All freestanding signs shall be set back five feet from the right-of-way, except for official traffic signs and government/regulatory signs.
[2]
No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.
(7)
Manual changeable copy signs: Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, wall, or portable sign.
H.
Regulations by sign type: off-premises signs.
[Amended 6-18-2019 by Ord. No. 2019-02]
(2)
Sign size: An off-premises advertising sign is subject to the following size restrictions according to the posted speed limit of the road which the off-premises sign faces.
Posted Speed Limit (MPH) | |||||
|---|---|---|---|---|---|
< 35 | 36-45 | 46-55 | 56-65 | Limited Access | |
Maximum Sign Area (square feet) | 60 | 100 | 150 | 200 | 300 |
(4)
Spacing: Off-premises signs shall be:
(a)
Set back from the ultimate right-of-way a distance equal to the height of the off-premises sign or 15 feet, whichever is greater.
(b)
Located no closer than 25 feet from any property line.
(c)
Located no closer than 50 feet from any building, structure, or on-premises sign located on the same property.
(d)
Located no closer than 1,000 feet from another off-premises sign on either side of the road measured linearly.
(e)
Located no closer than 500 feet from any intersection or interchange (on/off-ramp).
(f)
Located no closer than 500 feet from any property line abutting a public park, playground, religious institution, cemetery, school, or residential district.
(g)
Not attached to the external wall or otherwise affixed to any part of any building and shall not extend over any public property or right-of-way.
(h)
Not located on sewer right-of-way, or water, electric, or petroleum pipelines.
(i)
Not located on a bridge.
(5)
Number of signs per lot: There shall be no more than one off-premises sign per lot. Vertically or horizontally stacked signs shall not be permitted.
(6)
Content: Off-premises signs shall not display any message or graphic of an obscene or pornographic nature as determined by the Township.
(7)
Double-sided off-premises signs: Signs may be single- or double-sided, in accordance with this chapter.
(8)
Message sequencing: Message sequencing is prohibited.
(9)
Construction and maintenance:
(a)
All plans for off-premises signs shall be certified by a licensed engineer registered in Pennsylvania.
(b)
All off-premises advertising signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the Pennsylvania Uniform Construction Code.
(c)
The rear face of a single-face, off-premises advertising sign shall be painted and maintained with a single neutral color as approved by the Township.
(d)
Every three years, the owner of the billboard shall have structural inspection made of the billboard by a licensed engineer registered in Pennsylvania and shall provide to the Township a certificate that the billboard is structurally sound.
(10)
Identification of sign owner: All off-premises signs shall be identified on the structure with the name, address, and phone number of the owner of such sign.
(11)
Landscaping.
(a)
Landscaping shall be provided at the base of all off-premises signs. Trees and shrubbery, including evergreen and flowering trees, of sufficient size and quantity shall be used to achieve the purpose of this section.
(b)
Trees greater than four inches in diameter removed for construction of the sign shall be replaced on-site at a ratio of one replacement tree for each removed tree using native species no less than three inches in diameter.
(12)
Additional regulations. All off-premises signs shall comply with any and all applicable zoning regulations of the Township, and any and all municipal, state and/or federal regulations. In the event any other applicable regulation is in conflict with the provisions of this subsection, the more strict regulation shall apply.
(13)
Application/plan requirements. Plans submitted for off-premises advertising signs shall show the following:
(a)
The location of the proposed sign on the lot with the required sign setbacks from the property line and ultimate right-of-way.
(b)
The location and species of existing trees.
(c)
The distance to the nearest existing off-premises advertising sign.
(d)
The distance to the nearest right-of-way, property line, building, structure, on-premises sign, off-premises sign, intersection, interchange, safety rest area, bridge, residential district, or institutional use, sewer rights-of-way, and water, electric, or petroleum pipelines.
(e)
Site plan containing all of the applicable requirements set forth in this chapter.
(f)
Certification under the seal by a licensed engineer that the off-premises sign, as proposed, is designed in accordance with all federal, state, and local laws, codes, and professional standards.
(14)
Illumination and changeable copy of off-premises signs.
(a)
Off-premises signs may incorporate manual changeable copy signs.
(b)
Off-premises signs may be illuminated, provided that:
[1]
Light is restricted from shining onto other properties located within the Township and that such lighting shall not take place between 12:00 midnight and sunrise.
[2]
Lighting fixtures shall be placed above the sign and aimed downward, rather than at the bottom of the sign aimed upward toward the sky. All lighting fixtures shall be aimed and controlled so as to place their light output only on the face of the sign and not projected past the sign.
(d)
Off-premises signs may incorporate tri-vision boards.
[1]
The length of time each message of the tri-vision board may be displayed before changing is based upon the visibility and posted speed limit unique to individual signs and adjacent road conditions. The message duration for tri-vision boards shall be calculated using the method described in Subsection F(6)(a)[5], Message duration.
(15)
Safety. In applying for special exception relief, the applicant bears the burden of proof to establish that the proposed off-premises sign will not create a public health or safety hazard in the manner and location that it is proposed and in the manner by which it is to be operated.
I.
Regulations by sign type: limited duration signs.
(1)
Nonresidential districts:
(a)
Large limited duration signs: One large limited duration sign is permitted per property in all nonresidential districts. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional large limited duration sign may be permitted so long as there is a minimum spacing of 200 feet between the two large limited duration signs.
(b)
Small limited duration signs: In addition to the large limited duration sign(s) outlined above, one small limited duration sign is permitted per property in all nonresidential districts. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional small limited duration sign may be permitted.
(2)
Residential districts:
(a)
Large limited duration sign: One large limited duration sign is permitted per property as long as the property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area.
(b)
Small limited duration sign: One small limited duration sign is permitted per property.
(3)
Permit requirements.
(a)
A permit for a limited duration sign is issued for one year and may be renewed annually.
(b)
One sign is allowed per permit. An applicant may request up to two permits per address, but is subject to the size and number requirements set forth in this chapter.
(c)
An application for a limited duration sign permit must include:
[1]
A description of the sign indicating the number, size, shape, dimensions, and colors of the sign, and the expected length of time the sign will be displayed;
[2]
A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets;
[3]
The number of signs on the site.
(4)
Installation and maintenance.
(a)
All limited duration signs must be installed such that, in the opinion of the Director of Building and Planning, they do not create a safety hazard.
(b)
All limited duration signs must be made of durable materials and shall be well-maintained.
(c)
Limited duration signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.
(5)
Summary Table for Limited Duration Signs.
Limited Duration Signs | ||
|---|---|---|
Nonresidential Districts | Residential Districts | |
Large limited duration signs (maximum area 16 square feet) | Number: 1 per property; 2 if property is 5+ acres with 400+ feet of street frontage or has > 10,000 square feet of floor area Height: Maximum 8 feet | Number: 1 per property if property is 5+ acres with 400+ feet of street frontage or has < 10,000 square feet of floor area Height: Maximum 8 feet |
Small limited duration signs (maximum area 6 square feet) | Number: 1 per property; 2 if property is 5+ acres with 400+ feet of street frontage or has < 10,000 square feet of floor area Height: Maximum 6 feet | Number: 1 per property Height: Maximum 6 feet |
J.
Regulations by sign type: temporary signs.
(1)
Temporary signs, as defined in this chapter, located on private property, are exempt from standard permit requirements. Temporary signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on the property.
(2)
Unless otherwise stated below, the requirements listed below shall apply to both commercial and noncommercial signs.
(3)
Size and number.
(a)
Nonresidential districts:
[1]
Large temporary signs: One large temporary sign is permitted per property in all nonresidential districts. If a property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one additional large temporary sign may be permitted, provided there is a minimum spacing of 200 feet between the two large temporary signs.
[2]
Small temporary signs: In addition to the large temporary sign(s) outlined above, one small temporary sign is permitted per property in all nonresidential districts. If a property is greater than five acres in size and has at least 400 feet of street frontage or has > 10,000 square feet of floor area, one additional small sign may be permitted provided there is a minimum spacing of 200 feet between both sets of small temporary signs.
(b)
Residential districts:
[1]
Large temporary signs: One large temporary sign is permitted per residential property provided the property is greater than five acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area.
[2]
Small temporary signs: One small temporary sign is permitted per residential property.
(4)
Duration and removal.
(a)
Temporary signs may be displayed up to a maximum of 30 consecutive days, two times per year.
(b)
The Township or the property owner may confiscate signs installed in violation of this chapter. Neither Township nor the property owner is responsible for notifying sign owners of confiscation of an illegal sign.
(5)
Permission: The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting a temporary sign.
(6)
Township notification: Temporary signs are exempt from the standard permit requirements but the date of erection of a temporary sign must be written in indelible ink on the lower right hand corner of the sign.
(7)
Installation and maintenance.
(a)
All temporary signs must be installed such that, in the opinion of the Township Director of Building and Planning, they do not create a safety hazard.
(b)
All temporary signs must be made of durable materials and shall be well-maintained.
(c)
Temporary signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and shall be required to be removed.
(8)
Illumination: Illumination of any temporary sign is prohibited.
(9)
Summary Table for Temporary Signs.
Temporary Signs | ||
|---|---|---|
Nonresidential Districts | Residential Districts | |
Large temporary signs (maximum area 32 square feet for banner, 16 square feet for all other signs) | Number: 1 per property; 2 if property is 5+ acres with 400+ feet of street frontage or has > 10,000 square feet of floor area Height: Ground: Maximum 8 feet Banner: Maximum 24 feet | Number: 1 per property if property is 5+ acres with 400+ feet of street frontage or has > 10,000 square feet of floor area Height: Ground: Maximum 8 feet Banner: Maximum 24 feet |
Small temporary signs (maximum area 6 square feet) | Number: 1 per property: 2 if property is 5+ acres with 400+ feet of street frontage or has > 10,000 square feet of floor area Height: Maximum 6 feet | Number: 1 per property Height: Maximum 6 feet |
K.
Regulations by sign type: portable signs.
(1)
General provisions.
(a)
Illumination: Illumination of any portable sign is prohibited.
(b)
Hours of display:
[1]
Portable signs shall not be displayed on any premises before 6:00 a.m. and shall be removed each day at or before 10:00 p.m. However, all portable signs must be taken in during hours of nonoperation of the business being advertised.
[2]
All portable signs must be taken in during inclement weather.
(2)
Sandwich board or A-frame signs: Sandwich board signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property.
(a)
Number: One sandwich board sign is permitted per establishment. For the purposes of this subsection, a parking garage or parking lot shall be considered an establishment.
(b)
Area: Each sign shall have a maximum area of seven square feet per sign face.
(c)
Height: Signs shall have a maximum height of 3.5 feet.
(d)
Sign placement.
[1]
If a sign is located on a public or private sidewalk, a minimum of 36 inches of unobstructed sidewalk clearance must be maintained between the sign and any building or other obstruction.
[2]
The sign must be located on the premises, and within 12 feet of the primary public entrance, of the establishment it advertises. For the purpose of this subsection, a public entrance includes a vehicular entrance into a parking garage or parking lot.
[3]
Portable signs shall be weighted, temporarily secured, or strategically placed so as to avoid being carried away by high winds.
L.
Regulations by sign type: street pole banners.
(1)
General provisions. Street pole banner signs that comply with the requirements of this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property.
(a)
Illumination: Illumination of any street pole banner is prohibited.
(b)
Area: Each street pole banner shall have a maximum area of 12.5 square feet and a maximum width of three feet. Up to two street pole banners are permitted per street pole.
(c)
Height:
[1]
When the street pole banner's edge is less than 18 inches from the curb, the lowest edge of the street pole banner shall be at least 14 feet above the finished grade.
[2]
When the street pole banner's edge is greater than 18 inches from the curb, the lowest edge of the street pole banner shall be at least eight feet above the finished grade.
(d)
Location:
[1]
No street pole banner shall extend beyond the curbline.
[2]
Street pole banners shall maintain a minimum of three-foot vertical clearance below any luminaries located on the pole measured from where the ballasts connect to the poles.
[3]
Street pole banners shall not interfere with the visibility of traffic signals or signs.
[4]
No street pole banner shall be located on a pole that has traffic or pedestrian control signals.
(2)
Permit requirements.
(a)
A permit for a street pole banner shall be issued for one year and may be renewed annually.
(b)
An application for a street pole banner permit must include the following:
[1]
A diagram or map of the specific poles to be used for street pole banner installation and the streets on which the poles are to be located.
[2]
A proof of the street pole banner design, including the banner's dimensions.
[3]
If brackets are to be installed, submit specifications for the bracket installation system.
M.
Signs in agricultural and open space districts. In addition to the exempt signs described in Subsection E, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Farming and Mining District and the Open Space Preservation District, subject to the following conditions:
(1)
Any limited duration sign as defined and regulated in this chapter.
(2)
Any temporary sign as defined and regulated in this chapter.
(3)
Signs associated with a residential use or parcel within an agricultural district shall comply with Subsection N hereof, Signs in residential districts.
(4)
Parks and open space:
(a)
(b)
Signs located on the interior of the site used to identify various use areas, facility boundaries, on-site traffic direction, trail use information, the hours and rules for the use of the grounds, etc., are exempt from permit requirements subject to the following:
(c)
Signs for recreation and sporting facilities shall be allowed provided that the following criteria are met:
[1]
Signs on the interior walls or fence of an open stadium or field shall be no greater than 24 square feet in size and shall be designed to be viewed from the inside of the stadium only, and shall not be illuminated.
[2]
One freestanding scoreboard, not to exceed 200 square feet in area and 20 feet in height, is permitted per playing field.
[a]
Commercial messages shall not exceed 30% of the front face of the scoreboard.
[b]
The face of all scoreboards, including any attached commercial signs and panels, shall be permanently oriented toward the recreation and spectator area.
[d]
Digital display (not to exceed 30% of the total scoreboard area).
(5)
Freestanding signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign at each street access, up to a maximum of two signs per lot.
(b)
Area: Each sign shall have a maximum area of 32 square feet per sign face.
(c)
Height: Each sign shall have a maximum height of six feet.
(d)
Illumination: The signs permitted in this subsection shall not be illuminated.
(6)
Wall and projecting signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per tenant per building frontage up to a maximum of two signs per tenant.
(b)
Area: Each sign shall have a maximum area of 20 square feet per sign face.
(c)
Height: Each sign shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.
(d)
Illumination: The signs permitted in this subsection shall not be illuminated.
(8)
Off-premises signs are subject to the regulations found in Subsection H, Regulations by sign type: off-premises signs.
(9)
Summary Table for Signs in Agricultural and Open Space Districts.
Agricultural and Open Space Districts | |||
|---|---|---|---|
Wall and Projecting | Window | Freestanding | |
Maximum Number | Nonresidential uses: 1 per tenant per building frontage, up to a maximum of 2 signs per tenant | N/A | Parks and open space: 1 per street access plus 1 freestanding scoreboard per playing field Nonresidential uses: 1 per street access up to a maximum of 2 signs per lot |
Maximum area (square feet) | Parks and open space: Signs on the interior walls or fence of an open stadium: 24 Nonresidential uses: 20 | Nonresidential uses: 15% of total window area | Parks and open space: 24 (entrance), 200 (scoreboard), 10 (signs interior to the site) Nonresidential uses: 32 |
Maximum height | Nonresidential uses: The eaveline or the bottom of the second story window sill, whichever is lower | N/A | Parks and open space: 10 feet (entrance), 20 feet (scoreboard), 8 feet (signs interior to site); nonresidential uses: 6 feet |
N.
Signs in residential districts. In addition to the exempt signs described in Subsection E, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the residential districts, as defined in this chapter, subject to the conditions specified herein:
(1)
Any limited duration sign as defined and regulated in this chapter.
(2)
Any temporary sign as defined and regulated in this chapter.
(4)
Freestanding signs for residential developments or apartment buildings containing more than 10 units shall be permitted subject to the following regulations:
(5)
Summary Table for Signs in Residential Districts.
Residential Districts | ||
|---|---|---|
Wall and Projecting | Freestanding | |
Maximum number | Home occupations: 1 per lot | Home occupations: 1 per lot Residential developments: 1 per lot |
Maximum area (square feet) | Home occupations: 2 | Home occupations: 6 Residential developments: 15 |
Maximum height | The eaveline or the bottom of the second story window sill, whichever is lower | Home occupations: 6 feet Residential developments: 8 feet |
O.
Signs in institutional districts. In addition to the exempt signs in Subsection E, Signs exempt from permit regulations, the following numbers and types of signs may be erected for institutional uses, including schools, religious institutions, municipal buildings, hospitals, clubs, or permitted uses of a similar nature, subject to the conditions specified herein:
(1)
Any limited duration sign as defined and regulated in this chapter.
(2)
Any temporary sign as defined and regulated in this chapter.
(3)
Any portable sign as defined and regulated in this chapter.
(4)
Signs associated with a park or open space use in an institutional district shall comply with Subsection M(4).
(5)
Signs associated with a residential use or parcel within an institutional district shall comply with Subsection N, Signs in residential districts.
(6)
Freestanding signs for institutional uses, other than parks and open space, shall be permitted subject to the following regulations:
(7)
Freestanding signs located on the interior of the site used to identify facilities, on-site traffic direction, hours of operation, and other information are exempt from permit requirements, subject to the following:
(8)
Building signs, including wall signs, awning or canopy signs, projecting signs, and window signs, are permitted for institutional uses. The total maximum sign area of all building signs shall be based on the lot size of the property and wall area of the building, as follows:
(9)
Upper-level building identification signs shall be permitted subject to the following regulations:
(a)
Number: Two signs per building.
(b)
Area: Each sign shall have a maximum area of 200 square feet.
(c)
Height: Signs shall have a maximum height of 10 feet and shall not extend vertically beyond the eaveline.
(d)
Location: Signs shall be limited to buildings at least three stories in height and shall be located only on the top floor of such buildings.
(10)
Summary Table for Signs in Institutional Districts.
Institutional Districts | ||||
|---|---|---|---|---|
Wall, Awning/Canopy, Projecting and Window | Freestanding | Building Identification | ||
Maximum number | N/A | 1 per street access, up to 2 per lot | 2 per building | |
Maximum area | Lots < 2 acres | 5% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 24 square feet | 24 square feet | 200 square feet |
Maximum area | Lots > 2 and < 5 acres | 6% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 36 square feet | 40 square feet | 200 square feet |
Maximum area | Lots > 5 acres | 7% of the total wall face area of walls that directly face a public street or parking lot. No single wall sign shall exceed 60 square feet | 60 square feet | 200 square feet |
Maximum height | The eaveline | 10 feet | The eaveline | |
P.
Signs in Neighborhood Commercial District. In addition to the exempt signs described in Subsection E, Signs exempt from permit requirements, the following numbers and types of signs may be erected in the Neighborhood Commercial District, subject to the conditions specified herein:
(1)
Any sign permitted in residential districts, for the appropriate uses, as defined and regulated in this chapter.
(2)
Any portable sign as defined and regulated in this chapter.
(3)
Any street pole banner as defined and regulated in this chapter.
(4)
The total area of all wall, awning/canopy, and projecting signs shall be limited to two square feet per one linear foot of building frontage that faces a public street or parking lot, subject to maximum size limitations based on sign type.
(5)
Wall signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per tenant per street frontage, up to a maximum of two signs per tenant. Where a property has entrances facing both a street and a parking lot, an additional sign is permitted to face the parking lot.
(b)
Area: No single wall sign shall exceed 24 square feet in area.
(c)
Height: Each sign shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.
(6)
Awning or canopy signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Height: Signs shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.
(7)
Projecting signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per ground floor establishment, plus one sign per building entrance serving one or more commercial tenants without a ground floor entrance.
(b)
Area: Each sign shall have a maximum area of 12 square feet per sign face.
(c)
Height. Each sign shall have a maximum height equal to the eaveline or the bottom of the second story window sill, whichever is lower.
(8)
Window signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Area: A maximum of 15% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or otherwise permanently affixed to the window. A maximum of 25% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.
(9)
Marquee signs for nonresidential uses shall be permitted subject to the following regulations:
(10)
Summary Table for Signs in Neighborhood Commercial District.
Neighborhood Commercial District | ||||
|---|---|---|---|---|
Wall and Awning/Canopy | Projecting | Window | Marquee | |
Maximum number | Wall: 1 per street frontage (up to 2 per tenant) Awning/canopy: N/A | 1 per ground floor establishment, plus 1 per building entrance serving tenants without a ground floor entrance | N/A | 1 per building |
Maximum area (total) | 2 square feet per linear foot of building frontage facing a public street or parking lot, subject to maximum size limitations based on sign type | 2 square feet per linear foot of building frontage facing a public street or parking lot, subject to maximum size limitations based on sign type | N/A | N/A |
Maximum area (individual) | Wall: 24 square feet Awning/canopy: N/A | 12 square feet | 15% of total window area (permanent signs); 25% total window area (all signs) | 150 square feet |
Maximum height | The eaveline or the bottom of the second story window sill, whichever is lower | The eaveline or the bottom of the second story window sill, whichever is lower | N/A | The eaveline |
Q.
Signs in general commercial and industrial districts. Except as noted below, the following numbers and types of signs may be erected in any industrial district or commercial district, as such districts are defined in this chapter, subject to the conditions specified herein.
(1)
Any sign permitted in residential districts, for the appropriate uses, as defined and regulated in Subsection N of this section.
(2)
Any portable sign as defined and regulated in this chapter.
(3)
Any street pole banner as defined and regulated in this chapter.
(4)
The total area of all wall, awning/canopy, and projecting signs for nonresidential uses shall be limited to 1.5 square feet per one linear foot of building frontage that faces a public street or parking lot, subject to maximum size limitations based on sign type.
(5)
Wall signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per tenant per street frontage up to a maximum of two signs per tenant. Where a store has entrances facing both a street and a parking lot, a second sign is permitted to face the parking lot.
(b)
Area: Each wall sign shall have a maximum area of 32 square feet per sign face.
(c)
Height: Wall signs shall have a maximum height equal to the eaveline.
(6)
Awning or canopy signs for nonresidential uses shall be permitted subject to the following regulations:
(7)
Projecting signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per ground floor establishment, plus one sign per building entrance serving one or more commercial tenants without a ground floor entrance.
(b)
Area: Each projecting sign shall have a maximum area of 20 square feet per sign face.
(c)
Height: Each projecting sign shall have a maximum height equal to the eaveline.
(8)
Window signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Area: A maximum of 25% of the total window area of any single storefront may be used for permanent signs that are etched, painted, or permanently affixed to the window. A maximum of 35% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.
(9)
Marquee signs for nonresidential uses shall be permitted subject to the following regulations:
(10)
In addition to building signs, freestanding signs for nonresidential uses shall be permitted subject to the following regulations:
(a)
Number: One sign per street frontage, up to two signs per property held in single and separate ownership.
[1]
For permitted motor vehicle fueling stations, one additional sign per street frontage shall be permitted for the advertising of fuel prices and identification of the fueling station only, up to two additional signs per property.
[2]
For permitted drive-through establishments, one additional freestanding sign shall be permitted for the advertising of items for sale to users of the drive-through lane only.
(b)
Area: Each freestanding sign shall have a maximum area of 50 square feet plus an additional 10 square feet per tenant up to a maximum of 100 square feet.
(c)
Height: Freestanding signs shall have a maximum height of 20 feet.
(11)
Upper-level building identification signs shall be permitted subject to the following regulations:
(a)
Number: One sign per building.
(b)
Area: Each sign shall have a maximum area of 200 square feet.
(c)
Height: Signs shall have a maximum height of 10 feet and shall not extend vertically beyond the eaveline.
(d)
Location: Signs shall be limited to buildings at least three stories in height and shall be located only on the top floor of such buildings.
(12)
Off-premises signs shall be permitted, subject to the regulations detailed in Subsection H, Regulations by sign type: off-premises signs.
(13)
Summary Table for Signs in Commercial and Industrial Districts.
General Commercial and Industrial Districts | ||||||
|---|---|---|---|---|---|---|
Wall and Awning/Canopy | Projecting | Window | Marquee | Freestanding | Upper-level building identification | |
Maximum number | Wall: 1 per tenant per street frontage (up to 2 per tenant) Awning/canopy: N/A | 1 per ground floor establishment, plus 1 per building entrance serving tenants without a ground floor entrance | N/A | 1 per building | 1 per street frontage, up to 2 per lot (additional signs allowed for gas stations and drive-through establishments | 1 per building (> 3 stories high) |
Maximum area (total) | 1.5 square feet per linear foot of building frontage facing a public street or parking lot, subject to maximum size limitations based on sign type | 1.5 square feet per linear foot of building frontage facing a public street or parking lot, subject to maximum size limitations based on sign type | N/A | N/A | N/A | N/A |
Maximum area (individual) | Wall: 32 square feet Awning/canopy: N/A | 20 square feet | 25% total window area (permanent signs); 35% (all signs) | 200 square feet | 50 square feet plus an additional 10 square feet per tenant up to 100 square feet | 200 square feet |
Maximum height | The eaveline | The eaveline | N/A | The eaveline | 20 feet | The eaveline |
R.
Special regulations for signs in historic districts. In addition to all other requirements of this chapter, the following regulations shall be applicable to any sign placed in a designated historic district:
(1)
No sign shall be erected or altered until an application has been reviewed and approved by the Historic Preservation Commission and after the Board of Supervisors has issued a certificate of appropriateness:
(2)
Installation of a sign in an historic district shall not damage or require removal of historic materials and shall be done in a manner such that signs may be removed without harm to the masonry or architectural detailing.
(4)
Permit requirements:
(a)
All applications for a certificate of appropriateness must contain the following information:
[1]
A current color photograph of the property.
[2]
An illustration of the building facade showing the proposed sign.
[3]
A scaled drawing showing the sign itself and including the size, materials, colors, lighting, lettering, and method of attachment Material samples may be required.
[4]
For ground signs, a site plan indicating the location of the sign.
[5]
The type of illumination.
S.
Removal of unsafe, unlawful, or abandoned signs.
(1)
Unsafe or unlawful signs.
(a)
Upon written notice by the Township, the owner, person, or firm maintaining a sign shall remove the sign when it becomes unsafe, is in danger of falling, or becomes so deteriorated that the sign no longer serves a useful purpose of communication, or it is determined by the Township to be a nuisance, or it is deemed unsafe by the Township, or it is unlawfully erected in violation of any of the provisions of this chapter.
(b)
The Township may remove or cause to be removed the sign at the expense of the owner and/or lessee in the event that the owner of the person or firm obligated to maintain the sign has not complied with the terms of the written notice from the Township within 30 days of the date of the notice. In the event of immediate danger, the Township may remove the sign immediately upon the issuance of written notice to the owner, person or firm maintaining the sign.
(2)
Abandoned signs.
(a)
It shall be responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 180 days of the sign becoming abandoned, as defined in this chapter. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure, and structural trim.
(b)
In the event that the owner of the property on which an abandoned sign is located fails to remove such sign within the time frame specified in this section, the Township may remove such sign. Any expense directly incurred in the removal of the abandoned sign shall be charged to the owner of the property. In the event the expense is not paid within 30 days of issuance of an invoice by the Township, the Township may file a lien upon the property for the purpose of recovering all reasonable costs associated with removal of the abandoned sign.
T.
Permits and applications.
(1)
It shall be unlawful for any person, firm, or corporation to erect, alter, repair, or relocate any sign within the Township without first obtaining a sign permit, unless the sign is specifically exempt from the permit requirements as outlined in Subsection E, Signs exempt from permit requirements.
(2)
In order to apply for a sign permit, the applicant must provide the following information, in writing, to the Township:
(a)
Name of applicant and location of property.
(b)
Name, address, and telephone number of the property owner, and the original signature of the property owner or duly authorized agent for the owner.
(c)
Contact person and contact information.
(d)
Description of the activities occurring on the site where the sign will be installed.
(e)
Description of any existing signage that will remain on the property.
(f)
Identification of the type of sign(s) to be erected by the applicant.
(g)
Site plan depicting the location(s) of proposed signage and existing remaining signage.
(h)
Two copies of a plan drawn to scale depicting:
[1]
Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways.
[2]
The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location.
[3]
Building elevations, existing and proposed facades, parapet walls, eaveline and the location and size of all proposed and existing permanent signage.
[4]
Current photographs showing existing signs on the premises and certifying the date on which such photographs were taken.
(i)
If the sign is located in an historic district, confirmation that an application has been submitted to the Historic Preservation Commission.
(j)
A permit fee, to be established from time to time by resolution of the Board of Supervisors, shall be paid.
(3)
The Township Zoning Officer shall have 10 business days from the receipt of a complete sign permit application to review said application.
(4)
A permit shall be issued on or before the end of the ten-business-day review period if the application for a new sign or renewal complies with the regulations contained herein.
(5)
If the Township Zoning Officer does not issue a determination within the ten-business-day review period, the sign permit shall be deemed approved.
(6)
An application for a sign permit may be denied by the Township Zoning Officer within the ten-business-day review period if the application fails to comply with the standards contained herein. The Township Zoning Officer shall inform the applicant by written notice, delivered by certified mail, of the reasons for denying the application for a sign permit.
(7)
Upon denial of an application for a sign permit, the applicant shall have 30 days, from the date of the Township's written notice of denial, to revise and resubmit the application for review. In the alternative, the applicant may appeal the denial of the permit application in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
(8)
With the exception of lighting permits for digital signs, sign permits shall not expire, provided that permitted signs are not abandoned or destroyed. In the event that substantial repair or replacement of a permitted sign becomes necessary (that is, required repairs are estimated to cost more than 50% of the replacement cost of the damaged sign), the permittee shall be required to submit an application for a new sign permit, and shall submit an additional fee, if required by the Township's fee schedule.
U.
Nonconforming signs.
(1)
Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall be considered nonconforming signs.
(2)
All permanent signs and sign structures shall be brought into conformance with the sign regulations set forth in this chapter when and if any of the following occurs:
(a)
The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.
(b)
If more than 50% of the sign area is damaged, it shall be repaired to conform to this chapter.
(c)
An alteration in the structure of a sign support.
(d)
A change in the mechanical facilities or type of illumination.
(e)
A change in the material of the sign face.
(f)
An application for subdivision or land development of the property on which the nonconforming sign is located, requiring Township review and approval, is submitted.
(g)
The property on which the nonconforming sign is located undergoes a change of land use requiring the issuance of either a use and occupancy permit or a change of use and occupancy permit by the Township.
(3)
To determine the legal status of existing signs in each of the cases listed in this subsection, the applicant shall submit the following information to the Township Zoning Officer:
(4)
Prior to the occurrence of any event specified in Subsection U(2) above, nonconforming signs may be repainted or repaired up to 50% of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that none of the aforesaid actions increases the dimensions of the existing sign, and does not in any way increase the extent of the sign's nonconformity.
(5)
Nonconforming signs shall be exempt from the provisions of Subsection U(2), above, under the following conditions:
(a)
The nonconforming sign possesses documented historic value.
(b)
The nonconforming sign is of a unique nature or type by virtue of its architectural value or design, as determined by the National Park Service, the Pennsylvania Historical and Museum Commission, or the Township's Historic Preservation Commission.
(c)
When a nonconforming sign is required to be moved due to improvements to the public right-of-way.
(6)
All nonconforming temporary signs, portable signs, and banners must be permanently removed within 90 days of the effective date of this chapter, unless specific approval is granted as provided for herein.
V.
Signs on the premises of legally nonconforming uses.
(1)
Signs on the premises of legally nonconforming uses (such as an office in a residential district) may remain until the existing use of the premises is discontinued.
(2)
If a sign wears out or is damaged (including rust, faded colors, discoloration, holes, or missing parts or informational items), or is changed for any other reason, the number, size, and area of all signs relating to the premises shall not be increased beyond the characteristics of the sign or signs that existed on the premises at the time of adoption of this chapter.
§ 209-46 Swimming pools, hot tubs, and spas.
A.
No private residential swimming pool, hot tub or spa shall be constructed or installed on any lot unless the lot contains a residence building. All pools, hot tubs and spas shall be located in rear and side yard areas only, and the pool and all associated construction, such as decks, mechanical equipment, paving and coping, shall be located a minimum of six feet from any side or rear property line and a minimum of 10 feet from any street property line.
B.
All swimming pools, hot tubs and spas shall occupy no more than 75% of the rear yard area in which it is located.
C.
All swimming pools, hot tubs and spas must conform to the current Township Building Code.
D.
Setbacks from electric power lines shall be in accordance with all applicable Township swimming pool, building and electrical codes.
E.
Pools shall be located a minimum of 10 feet measured from the water's edge to any portion of the principal structure; and 10 feet from any accessory buildings or structures. Aboveground swimming pools may be adjacent to open raised decks; such decks may not be elevated more than one foot above the swimming pool's elevation. These requirements of this Subsection E are not applicable to hot tubs and spas.
§ 209-47 Townhouses and other single-family attached dwellings.
Within any district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV for the HR District and until the site plan has been reviewed by the Planning Commission and approved by the Board of Supervisors:
A.
Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.
B.
All dwelling units shall be connected to public water and sanitary sewer facilities, approved and functioning in compliance with Falls Township's controlling ordinances and with the rules and regulations of the appropriate utility(ies).
C.
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the dwelling unit they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking.
D.
No townhouse dwelling unit shall be less than 16 feet wide.
E.
All buildings shall be in accordance with the specifications in the current Uniform Construction Code, as amended.
F.
Television dishes/antenna are permitted but are limited to one dish/antennas per one dwelling unit.
G.
All gas and electric meters must be provided for onsite plans which are subject to approval during the land development process. All meters must be protected from vehicular impact.
§ 209-48 Prohibited use of yards.
A.
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
§ 209-48.1 Municipal building or use permitted in any district.
§ 209-48.2 Alternative energy systems.
A.
Wind energy systems.
(1)
Nonresidential wind energy system.
(a)
A nonresidential wind energy system is a device which converts wind energy to mechanical or electrical energy and which is permitted as an accessory use and structure in nonresidential districts only, in accordance with the following regulations:
[1]
Wind system shall be permitted as an accessory use only.
[2]
Uses for which the wind system is a permitted accessory use are agricultural uses and industrial uses.
[3]
No wind system shall be permitted in any open space area that has been set aside, either as part of a development or preserved through a Township, county, state, federal, or conservancy preservation program.
[4]
A wind energy system may be a freestanding pole structure or may be attached to another structure or building.
[5]
Every proposed wind system, whether freestanding or attached to another structure, shall be designed and engineered to provide for safe operation. Detailed engineering plans, prepared by a licensed professional engineer, for all proposed wind systems shall be submitted with applications for approval. If an attached system is proposed, these engineering studies shall demonstrate to the satisfaction of the Township that the wind system shall not compromise the structural integrity of the building to which it is attached.
[6]
Maximum height: the maximum height of any wind system is 75 feet. This height shall include the pole or mounting structure and the blade when extended to its highest position. The pole or mounting device shall not exceed 60 feet.
[7]
All wind systems shall be set back a minimum of 2.5 times the height of the structure, including the blade as extended to its highest position, from any lot line, aboveground utility line or pole.
[8]
All facilities shall meet the applicable electrical codes and shall be performed by a licensed electrical contractor.
[9]
Nuisance standards: all wind systems shall be designed to avoid any adverse impacts on surrounding properties. No lights shall be permitted on the wind system. All applications shall contain information on the proposed color, orientation, design of the system, and any electrical interference effects.
[10]
Access control. Access to the system shall be controlled by a fence with a height of eight feet with locking portal. The ground-level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.
[11]
A minimum of one sign shall be posted near ground level or on the tower structure warning of high voltage. The electric and utility lines to and from a wind system shall be underground.
(2)
Residential wind energy system. A residential wind energy system is a device which converts wind energy to mechanical or electrical energy and which is limited to use on residential lots. Each residential wind energy system shall generate energy exclusively for the underlying residential use, shall be permitted only as an attachment to an existing building and not as a stand-alone structure, shall have a maximum height equivalent to the maximum building height permitted in the zoning district in which it is located, shall be subject to a minimum setback of 1.5 times the height of the wind energy system, and shall be subject to the safety standards set forth in Subsection A(1), above, for nonresidential wind energy systems.
§ 209-48.3 Outdoor dining.
[Added 8-16-2021 by Ord. No. 2021-12]
A.
All outdoor dining areas in all zoning districts shall comply with the provisions of this section in addition to the provisions of the zoning district in which the use is located.
B.
Outdoor dining areas shall be accessory to a restaurant, bar/tavern, nightclub, lounge or other similar principal permitted use that has indoor seating, if permitted pursuant to the regulations of the underlying zoning district.
C.
At all times, outdoor dining areas shall comply with any and all regulations of any authority having jurisdiction over such establishment, including but not limited to the Pennsylvania Liquor Control Board and the Bucks County Board of Health. It is the merchant or business owner's sole responsibility to ensure compliance with same and, if needed, secure any permission necessary from any agency having jurisdiction over the operations, including but not limited to the Pennsylvania Liquor Control Board and the Bucks County Board of Health, related to outdoor service or consumption of food, beverages or any other product.
D.
Areas for outdoor dining shall not interfere with any means of ingress or egress to a building, or with any emergency or safety exits.
E.
Where the dining area extends into a public sidewalk, the following shall apply:
(1)
A minimum sidewalk width, exclusive of the outdoor dining area, of six feet shall be maintained free and clear at all times for pedestrians (unless a greater width is required by the building and/or accessibility code).
(2)
This minimum six-foot area shall not include the outdoor dining area and shall be free of surface obstacles and obstructions including, but not limited to, signs, hydrants, streetlights, parking meters, and street trees.
(3)
The applicant shall supply a pedestrian circulation plan that demonstrates compliance with the Americans with Disabilities Act, including at least one handicapped accessible ramp.
(4)
A minimum of eight feet must separate the outdoor dining area from any parking area, unless separated by an interior parking lot drive aisle. A minimum of eight feet must separate the outdoor dining area from any road, alleyway or street.
F.
Areas for outdoor dining shall not be placed in or otherwise interfere with public rights-of-way, streets, alleyways, driveways, drive aisles or parking areas for the principal use or any other use. The applicant must provide adequate parking for the principal use in addition to the outdoor dining use.
G.
Pedestrian barriers. Outdoor dining areas may be enclosed and must be separated from the pedestrian or travel way. When the outdoor dining area is located adjacent to a pedestrian area, or in proximity to an area used by vehicles such as a parking lot, alleyway, driveway, drive aisle or street, barriers as described herein are required. The following minimum standards shall apply if the establishment chooses or is required to use a barrier:
(1)
Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.
(2)
If the pedestrian barrier is to be permanent, the method of attachment shall be subject to approval by the Township. No barrier shall be permanently attached to a public sidewalk or an area located within the right-of-way.
(3)
Pedestrian barriers shall be at least 36 inches high.
(4)
All outdoor dining areas shall maintain a minimum six-foot pedestrian pathway.
(5)
Where pedestrian access to an outdoor dining area is not through a food establishment, the required opening shall not be less than 44 inches in width.
(6)
Pedestrian barriers shall not have legs or supports that protrude into a sidewalk more than two inches.
(7)
Prohibited barriers:
(a)
Fabric inserts (whether natural or synthetic fabric) of any size shall not be permitted to be used as part of a barrier.
(b)
The use of chain link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including, but not limited to, buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) as components of a barrier.
H.
Roof coverings. Any establishment with outdoor seating may choose to have a roof or awning over its outdoor dining area. If an establishment chooses to include a roof covering for its outdoor dining area, the following shall apply:
(1)
Flame-resistant material shall be used.
(2)
If awnings are used, they shall be a minimum of six feet eight inches in height above the sidewalk or patio surface.
(3)
Permanent or temporary roofs are permitted, but are subject to all Township permitting requirements.
(4)
Tents are permitted, but are subject to all Township permitting requirements.
I.
Signs. No signs advertising outdoor dining shall be permitted, unless approved pursuant to § 209-45 of this chapter.
J.
The number of outdoor dining seats shall be limited to a maximum of 25% of the total number of indoor seats in the associated principal use. However, at no point shall more than 50 outdoor dining seats be provided as an accessory to the principal use.
K.
Hours of operation shall be from 8:00 a.m. to 9:00 p.m. All seating of patrons shall provide for the dining area to close at the required hour.
L.
Setbacks.
(1)
Outdoor dining areas shall comply with all setback requirements of the underlying zoning district. If the setback requirements are met, outdoor dining shall be permitted in the front, side or rear yards of the principal building.
(2)
All outdoor dining areas must be located a minimum of 500 feet from a residential zoning district, residential property or dwelling unit.
M.
Outdoor dining areas shall be located on a permanent surface. Temporary flooring shall not be used.
N.
The sale of alcoholic beverages shall be incidental to the sale and consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited. The sale of alcoholic beverages in an outdoor dining area is subject to approval from the Pennsylvania Liquor Control Board.
O.
Storage of materials. At the conclusion of any outdoor dining season, all portable equipment (e.g., barriers, furniture, roof coverings, etc.) shall be stored within the facility used by the principal use in a location that does not interfere with the operation of the principal use, or shall be stored off-site.
P.
Noise. Outdoor dining shall be subject to Chapter 155 of the Township's Code of Ordinances, relating to noise. No amplified music or sound is permitted. All activities, including the playing of music or other forms of entertainment, shall comply with the noise limitations of the Township ordinances and any other regulatory agencies having jurisdiction, as applicable.
Q.
All outdoor events, including any concert, performance, entertainment, and/or private event shall require advance approval from the Township and the submission and approval of a special events permit. Multiple events for one establishment may be included in one special events permit application.