Legislative findings.

Purpose. It is the intent of this article to regulate all signs within the Township to ensure that they are appropriate for their respective principal uses and in keeping with the appearance of the affected property and surrounding environment and to protect public health, safety, and general welfare. In addition, the intent of this section is to:

Applicability. Any sign hereafter erected in Haverford Township which is exposed to public view shall conform to the provisions of this section and any other ordinance or regulation of Haverford Township or the state or federal government relating to the erection, alternation or maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail.

No sign, other than exempted signs, shall be erected without first obtaining a sign permit from the Zoning Officer.

All signs shall be kept in a proper state of repair.

No sign shall be erected within or over a public right-of-way other than an official sign or an off-site advertising sign affixed to a transit shelter along the designated route of a public transit agency that is authorized by the authority having control of the public right-of-way.

No sign shall be erected that is of such character, form or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.

No freestanding sign shall be erected at the intersection of any street improved for vehicular traffic within the triangular area formed by the right-of-way lines and a line connecting them at points 25 feet from their intersection unless said sign, when authorized by this chapter, is less than two feet or more than eight feet above curb grade and provided further that no part of its means of support has a single or combined horizontal cross section exceeding eight inches.

(Reserved)[2]

No projecting signs, roof signs, vehicle signs, animated signs other than time and temperature signs or signs that emit smoke, vapor or noise shall be permitted.

Signs should be designed in such a way as to be consistent with the architecture and landscaping of a building. No letter, symbol, graphic or background material shall be permitted to obstruct a major architectural feature, such as a column.

Signs are intended for purposes of identification and information and not for advertising of a product or service. Letters of appropriate size should be placed on simple backgrounds or directly upon the face of the building. The Zoning Officer or the Planning Commission, where applicable, may disallow any sign which it finds to contain lettering or messages which are excessive, unattractive or which violate the spirit, theme or character of signs identifying uses in the same structure or cluster of structures.

No sign shall be painted, pasted or placed on any tree, telegraph, electric light or public utility pole or upon a natural feature.

All signs shall be of durable, all-weather material capable of withstanding a wind speed of 100 miles per hour. Freestanding signs shall be supported by posts or pylons of concrete, steel, treated wood or similar materials. No additional bracing or guide wire is permitted. Nonrusting hardware shall be used with all signs.

Regulations governing freestanding signs.

Window signs, unless further restricted by district regulations, shall not exceed 15% of the glass area of the window in which placed.

Wall signs shall not project vertically within 12 inches of a roof or parapet line nor within six inches of any cornice, trim, molding, external column, window, door or other architectural element.

Time and temperature signs shall be permitted in any district in which commercial or industrial uses are permitted, provided that they do not encompass more than 20% of the allowable sign area. Time and temperature shall not be counted as items of information.

All signs referring to uses located in the same building or group of architecturally related buildings shall be of similar design and shall use similar styles of lettering.

Regulations governing temporary signs and special promotional devices.

The following signs are exempt from the district requirements, from the need to secure permits and from the allowable sign area and item of information requirements:

No real estate or other sign shall be erected containing information which states or implies that a property may be sold or used for any purpose not permitted under the provisions of this chapter. Any such misrepresentation shall be considered as a violation of this chapter, and any such sign shall be subject to immediate removal from the property.

In an R-1, R-1A, R-2, R-3, R-4, R-5, R-6, R-7, R-8, R-9, INS or ROS Zoning District, signs are permitted for the following purposes under the conditions imposed by this chapter:

Not more than a total of five items of information shall be permitted on permanent signs identifying or relating to a single use along any one street frontage.

Illumination of signs.

In an O-1, O-2, OL, LIN or C-1 Zoning District, signs are permitted for the following purposes under conditions imposed by this chapter:

Not more than a total of five items of information shall be permitted on permanent signs identifying or relating to a single use along any one street frontage.

Illumination of signs.

In a C-2 or C-3 Zoning District, signs are permitted for the following purposes and the conditions imposed by this chapter:

Not more than a total of seven items of information shall be permitted on permanent signs identifying or relating to a single use along any one street frontage.

Signs permitted in these districts may be illuminated by direct or indirect white light, which may be shown through colored luminescent paneling.

In a C-4 or C-5 Zoning District, signs are permitted for the following purposes under the conditions imposed by this chapter:

Not more than a total of seven items of information may be displayed on permanent signs relating to individual uses along any on-street frontage.

Illumination. Illumination by direct or indirect white light is permitted although it may be shown through colored luminescent paneling.

Off-site advertising signs shall be permitted in all zoning districts within a public right-of-way along the transit route of a public transportation entity only when incorporated into or on a bench or shelter located at a designated stop intended for commuters using the said public transportation.

All signs erected prior to the enactment of this chapter or subsequent amendments which are not in conformity with the provisions thereof shall be deemed nonconforming uses.

Amortization of nonconforming signs. Nonconforming signs shall be removed, replaced, repaired or otherwise brought into conformity with the provisions of this chapter in accordance with the following schedule:

No nonconforming sign may be altered or replaced unless the altered or new sign is in conformity with this chapter.

No person shall maintain or permit to be maintained on any premises owned or controlled by him a sign which has been abandoned. Any such abandoned sign shall be promptly abated by the owner or person controlling the property. An abandoned sign, for the purpose of this chapter, is:

The regulations of this section shall apply to all open private recreational uses, including swimming pools, which require the installation of permanent surfaces, either at ground level or elevated.

Such uses are considered structures for the purpose of permits and certain other regulations; however, they are not counted as floor area in computing building coverage.

No such use shall be located in front yards or less than 10 feet from any property line as measured from the edges of any permanent surface.

No such use shall be constructed in the Township except in accordance with a permit therefor previously secured from the Zoning Officer of the Township. The application for said permit shall be accompanied by a plan showing the size and location of any recreational facility and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether said facility complies with the requirements of this section.

Every tennis or paddle tennis court area shall be completely enclosed by a metal chain link or mesh fence at least nine feet in height but not in excess of 12 feet in height. Appropriate fences for any other type of recreational use may be required at the discretion of the Zoning Officer. The type, quality and method of construction of any required fence shall be approved by the Zoning Officer with the intent that said fence shall act as a protection to adjacent properties against interference from stray balls. The height limitations as contained in Chapter 58, Building Construction, shall be waived for fences required under this section.

All swimming pools used for bathing or swimming purposes in which water may collect in excess of a depth of two feet shall be completely enclosed by a fence. Swimming pools shall be located no less than 10 feet from any property line as measured from the waterline.

The type, quality and method of construction of any required fence shall be approved by the Zoning Officer with the intent that it shall act as a safeguard and protection to children. Such fence shall be at least four feet in height, but not in excess of six feet, and nonremovable. Fences four feet high may be solid. Fences above four feet shall be 50% open for that portion above four feet, not to exceed six feet. Fences shall have self-locking gates and shall be such as to prevent unauthorized children and stray animals from entering the pool area, provided that existing, nonconforming fences may be approved by the Township Zoning Officer.

No swimming pool shall be constructed in the Township except in accordance with a permit therefor previously secured from the Zoning Officer of the Township, upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether the pool complies with the requirements of this chapter.

No single mobile home or boat may be used for living or housekeeping purposes within the Township.

An unoccupied mobile home, a boat, motor home, travel trailer or other recreational vehicle shall not be parked on a lot unless it is parked at all times in the rear one-half (1/2) of the lot and parked upon a hard surface.

Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations of a use conducted on the premises, subject to design and performance standards for the prevailing district, and provided further that the following requirements are conformed to:

No automobile may be parked or stored upon any surface other than an improved parking space as further described in § 182-707.

Vehicles regularly parked or maintained on the premises.

No panhandle or flag lot shall be created within Haverford Township, either by subdivision or lot line change.

No adult commercial use shall be permitted in any zoning district other than LIN Light Industrial District.

Every parking space, outdoors or in a garage, shall consist of not less than 162 square feet of usable area for each motor vehicle. Parking spaces shall be a minimum of nine feet wide and 18 feet long. The required parking area shall be measured exclusive of interior driveways or maneuvering areas. Outdoor parking or service areas for uses open to the public and the approaches thereto shall be paved according to Township specifications and shall be graded, properly drained and maintained in a good condition. In computing the number of parking spaces required in Subsection B of this section, if the computation shall result in a fraction, a space shall be required for each such fractional amount.

An off-street parking facility existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required under this chapter for a similar new building or new use. An off-street parking facility provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.

Every parking lot shall be subject to the following buffer requirements:

Every property located in a residential district or a lot used for residential purposes shall provide off-street parking in accordance with this section. However, no paved surface used as off-street parking or drive access may be so constructed as to exceed 25 feet or 50% of the lot width of the property, whichever is less, at any point within the required front yard.

Off-street loading and unloading space(s) with proper and safe access from a street or alley shall be provided on each lot used for commercial or other purposes where it is deemed that such facilities are necessary to adequately serve any such use within the district. All such loading and unloading spaces shall be located at the rear of the building.

Required off-street parking space, including aisles, shall not be used for loading and unloading purposes, except where night loading or other satisfactory arrangements are made for hours when business operations are suspended.

Loading and unloading facilities shall be designed so that trucks need not back in or out on or park in any public right-of-way.

No truck shall be allowed to stand in a right-of-way or automobile parking area, including aisles, during any time in which any such area is used for parking or in any way block the flow of persons or vehicles.

A garage with a total width of 18 feet or less shall not exceed 15 feet in height as measured from the floor/slab to the top of the ridge.

A garage with a width exceeding 18 feet will be permitted to increase the height of the garage up to 18 feet as measured from the floor/slab to the top of the ridge, provided that the garage shall not exceed one story.

Garages in excess of 18 feet in height shall be permitted only when authorized as a special exception by the Zoning Hearing Board in the case of:

No private garage or other accessory building may be erected or placed within a front yard, and no such building may be erected in a side or rear yard unless it is entirely separated from the principle building, located at least 10 feet farther back from the front street line than the rearmost portion of the main building, 10 feet from all other buildings and at least five feet from the side and rear property lines of said lot. Notwithstanding the provisions of this subsection, no accessory building may be located in any yard which abuts a street, and nothing in this subsection shall be construed to prohibit the erection of a common or joint garage which is not an integral part of a main building on adjacent lots.

A garage door is not to exceed seven feet six inches in height and 16 feet in width.

Private garages larger than 25 feet by 25 feet shall not be permitted, and in no event shall exceed 50% of the area of a principal building on the same lot.

Decks. Unless otherwise specified in this chapter, decks may be located, erected or maintained in such a manner that they do not encroach upon any required setbacks of the district in which they are located. Decks on semidetached dwellings may extend from the lot line along the common party wall to within 12 feet of the lot line on the opposite side of the property.

Patios. Unless otherwise specified in this chapter, patios shall be located, erected or maintained a minimum of five feet from any rear or side yard property line as measured from the edges of any permanent surface.

Accessory structures not otherwise regulated may be located, erected or maintained in such a manner that they do not encroach upon any required setbacks of the district in which they are located, provided such accessory structures may not be located, erected or maintained in front of the primary or principal structure on the lot.

There shall be no emission at any point from any chimney or otherwise which can cause any damage to health, to animals or vegetation or to other forms of property or which will cause any excessive soiling at any point.

There shall be no emission at any point from any chimney or otherwise for longer than five minutes in any hour of visible gray or visible smoke of any color with a shade darker than No. 3 of the Standard Ringelmann Chart as issued by the United States Bureau of Mines.

Parking spaces shall be clearly delineated by painted lines or markers.

Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.

Surface drainage shall be connected to the existing or proposed drainage system.

All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.

If spaces are used during evening hours, appropriate lighting shall be provided.

A planted visual barrier or buffer planting strip as defined in § 182-106B shall be provided and maintained by the owner or lessee of a property as follows:

All visual barriers or buffer planting strips shall be in accordance with the following minimum widths:

Any existing business or use affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements, except in case of the enlargement or major alteration of such business or use. Similarly, for any district boundary change after the passage of this chapter initiated by a residential developer abutting an office, commercial, office-laboratory or institutional district property for which these regulations apply, these screening requirements shall not be imposed.

Side and rear yards may be used in calculating the area required for the buffer strip.

In all C-2, C-3 and C-4 Districts, property owners shall plant trees at curbside, placed at the discretion of the Shade Tree Commission.

Except as otherwise permitted in this chapter, no permanent storage or display for sale of merchandise, articles or equipment shall be permitted outside a building.

Except as otherwise permitted in this chapter, any article or material stored or displayed for sale temporarily outside an enclosed building as an incidental part of a permitted main use shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing at ground level. All organic rubbish or storage shall be contained in airtight verminproof containers, which shall also be screened from public view.

Any part or portion of a lot or tract which is not used for buildings or other structures, loading or parking spaces and aisles or sidewalks and designated storage areas shall be landscaped with trees, shrubs and grass in accordance with an overall landscaping plan which is subject to approval by the Shade Tree Commission and Planning Commission and shall be in keeping with the natural surroundings. A replacement program for nonsurviving plants shall be included. Landscaped areas shall be kept well-groomed.

Any single parking area with 50 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to the open area requirements of the district.

A unified landscaping plan shall be provided for all development in a C-5 District, subject to the approval of the Shade Tree Commission. Such plan shall include appropriate landscaping around individual stores and buildings, as well as landscaping of required buffer and parking areas.

Buildings shall be designed to take advantage of the natural terrain and shall not be physically located so as to unnecessarily concentrate activity in one portion of a lot. At least one entranceway shall be maintained at ground level. All pedestrian entrances shall be paved with an all-weather surface. A curbing shall be provided to separate parking areas, streets and driveways.

In any case where there is more than one building on a lot, the distance at the closest point between any two buildings or groups of buildings shall be at least as great as the average height of the two adjoining buildings and not less than 20 feet, except as otherwise specifically provided in the requirements of a district.

In a light industrial district, no exhausts or ventilators shall be located on a building wall which faces an adjoining residential district.

The proposed development shall be designed as or as a part of a unified single architectural and land development scheme and shall provide, in conjunction with an apartment, townhouse or quadruplex development, for appropriate common open spaces, parking, maintenance and other facilities and services. Satisfactory written arrangements acceptable to the Township shall be made for the perpetual preservation and maintenance of all common open space or other common elements to be set aside and reserved for private use. These arrangements may include retention and management by private ownership, a condominium arrangement or conveyance to a legally constituted homeowners' association.

The distance at the closest point between any two buildings, parts of buildings or groups of buildings shall be at least 20 feet, in the case of townhouses and, in the case of apartment buildings, at least as great as the height of the taller of the two adjoining buildings and not less than 35 feet.

In order to encourage an attractive building arrangement, variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be deemed desirable, parallel arrangements of buildings should be avoided and desirable variations in such things as the facade, width, color, exterior materials, construction and rooflines of apartment buildings, townhouses and quadruplaxes shall be deemed desirable.

No two apartment buildings shall be attached in a straight unbroken row, but shall be designed with visible offsets or setbacks not less than six feet in depth or with variations in building alignment and orientation. The facades of not more than every two townhouse units shall be offset by not less than 16 inches. Whenever three or more buildings containing four quadruplex units are constructed, they should not be constructed in a straight unbroken row but should rather be designed with visible offsets or setbacks.

In the case of permitted apartment development, architectural consideration shall be given to a design that avoids rectangular buildings, for example, to a circular or Y-shaped scheme. This type of design provides for the location of an elevator system at the core of a complex in a medium- or high-rise structure.

There shall be no outside storage of any kind, including but not limited to trash and garbage.

Outdoor lighting facilities shall be arranged to protect adjoining residences or streets from direct glare or hazardous interference.

All trash shall be collected by private trash collection under such terms and conditions as the Township shall prescribe.

A basement shall contain no habitable rooms, except for the living quarters of a custodian or similar person.

In the development of a site, whenever and wherever possible, trees that will not interfere with the logical development of the site shall be saved and protected, and measures shall be taken to avoid the burial of large trees, stumps and other wooden debris. Also, all recommendations of the Township Engineer regarding the removal of rock and other debris shall be complied with, and any fill which is required shall be clean fill and free from all foreign matter, especially wood, metal and trash.

In addition to all applicable Township ordinances and regulations, any and all state requirements, laws and regulations also shall be complied with, All signs shall comply with the provisions of § 182-701.

The Township Board of Commissioners, upon recommendation from the Township Planning Commission, may require compliance of design with such standards as are herein encouraged.

Townhouses developed as a cooperative or a condominium and all apartment developments exceeding 10 units in size shall contain areas containing active recreation facilities, such as tot lots, swimming pools, tennis courts, golf courses or playing fields, equal to 20 square feet for each unit, provided that in no case will the developer be required to utilize more than 50% of the area not covered by buildings and paving for such purposes.

No part of any front yard is to be used for off-street parking or for a garage or storage of any kind.

There shall be a buffer planting strip as defined in § 182-106B along each district boundary line within the district, which shall be not less than 25 feet in depth measured from the district boundary line. The required buffer area may be included in any front, rear or side yard area required under the provisions of the district. Where the district abuts a commercial or office district or a district other than a single-family residential district, the required buffer strip may be reduced to not less than five feet as to the side or sides of the townhouse or apartment district immediately adjacent thereto. All trees which are planted shall have an initial height of not less than five feet, and all shrubs shall have a height of not less than two feet.

Any part or portion of the site of a proposed development which is not used by buildings or structures or by parking and other paved areas shall be landscaped with trees and shrubs in accordance with an overall landscaping plan which is subject to approval by the Shade Tree Commission and Planning Commission.

Off-street parking shall be provided in accordance with the requirements of § 182-707 of this chapter. All driveways and off-street parking facilities shall be hard-surfaced.

At least one access point and not more than two, separated into two one-way lanes of not less than 25 feet in width, shall be provided on any one street in order to promote traffic safety.

The design of any parking facility shall incorporate an internal traffic pattern that eliminates hazardous parking and movement.

All streets, curbs and other utility installations shall be improved in accordance with the requirements and specifications of the Township, and all materials, workmanship and construction of such improvements shall be in accordance with the specifications of the State Department of Transportation where applicable.

Each proposed use also shall comply with the provisions of § 182-718A, D(2) and G.

Areas greater than twenty-five-percent slope (very steep slope), uses permitted by right:

Areas greater than twenty-five-percent slope (very steep slope), uses by special exception when authorized by the Zoning Hearing Board:

Areas greater than twenty-five-percent slope (very steep slope), prohibited uses:

Areas fifteen-percent to twenty-five-percent-slope (steep slope), uses permitted by right: All uses provided in Subsection C(1) above.

Areas fifteen-percent to twenty-five-percent-slope (steep slope), uses permitted when authorized by the Zoning Hearing Board as a special exception:

Areas fifteen-percent to twenty-five-percent-slope (steep slope), prohibited uses: Any use not hereinabove provided for.

In the case of a plan for the residential development of a tract of land 10 acres or more in size in R-1 and R1-A Residential Districts and five acres or more in size in R-2 and R-3 Residential Districts, the Board of Township Commissioners may, on the basis of a subdivision or land development plan and following recommendation by the Planning Commission, authorize modifications in the use, dimensional and design requirements of R-1, R1-A, R-2 and R-3 Residential Districts pursuant to the express criteria and standards set forth in this section. Among the objectives of this section are to permit clustering and other innovative approaches to residential development which can result in a more attractive and interesting building arrangement that is more closely related to the physical environment, to encourage a more desirable and usable pattern of open space, to preserve trees and other natural characteristics of the land, to facilitate the more economical and efficient use of land, and to reduce the costs of utility extension and other public services.

It is the specific intent of the Board of Commissioners that certain cluster developments be encouraged to permit greater flexibility in building design and efficiency of land area, preserve open space and natural features, and maintain the general character of the neighborhood. special residential developments shall:

Uses by right.

Accessory uses.

Lot size.

Other dimensional requirements.

Impervious coverage ratios. The total of all impervious areas of the overall tract for which the development application is submitted shall not exceed the percentage of underlying districts. In the event the overall tract includes land which is located in other than a R-1, R-1A, R-2 or R3 District, which land is shown as undeveloped, the impervious coverage ratio shall be that of the underlying district of the portion of the tract which is proposed to be developed.

In order to comply with the gross density requirement for the tract as stated in § 182-721C(1) of this section, sufficient area within the proposed development shall be set aside for common open space purposes and/or a certain percentage of oversized lots shall be included in the plan. No lot of such size as to be capable of further subdivision under the district regulations shall be included in determining the average lot area, unless the possibility of such further subdivision is eliminated by a deed restriction or agreement when acceptable to the Board of Commissioners. Street area shall be excluded in computing the gross density.

The Township may require the provision of common space in accordance with the standards set forth in § 182-716 of this zoning chapter. In R-1 Districts, the Township may grant an increase in density of no more than 20% as a bonus for the provision of common open space in excess of the amount which may be required under the provisions of § 182-716. Each additional 2% of a tract devoted to common open space will result in a one-percent increase in density over that otherwise allowed in an R-1 District. Such land, if requested, may be counted as developable land for the purpose of determining density. This bonus shall not be utilized in conjunction with any other density bonus provided for in this chapter.

Land designated as common open space under the provisions of this section shall conform with the characteristics described below:

The open areas or spaces to be reserved for open space may be retained by or conveyed to the Township if acceptable to the Township, conveyed to a legally constituted homeowners' association or retained and managed by private common ownership. Satisfactory written arrangements acceptable to the Township in all cases shall be made for the perpetual preservation and maintenance of all common areas to be set aside and reserved for private use. If open areas or spaces are not properly maintained, the Township may assume responsibility of maintenance and charge the property owner or homeowners' association.

Steep slopes. Not more than 20% of the total of all steep slopes of the overall tract for which the development application is submitted may be disturbed in the development of an SRD, including disturbance involving the construction or placement of dwellings or dwelling units, roads, driveways, curb, sidewalk or walking paths, grading or filling activities or the installation of utilities.

Very steep slopes. Not more than 10% of the total of all very steep slopes of the overall tract for which the development application is submitted may be disturbed in the development of an SRD, including disturbance involving the construction or placement of dwellings or dwelling units, roads, driveways, curb, sidewalk or walking paths, grading or filling activities or the installation of utilities.

Woodlands. The developer of an SRD shall submit a plot of the site woodlands. Not more than 5% of the total woodland areas of the overall tract for which the development application is submitted may be affected or disturbed by development without compensatory planting. In the event that more than 5% of the total woodland areas are to be affected, replacement plantings of two trees per lot or dwelling unit shall be provided. At least one tree shall be considered as a street tree, with a minimum caliper of three inches and located 10 feet from the street right-of-way line. The other tree shall have a minimum caliper of three inches and shall be planted within the internal area of each lot or parcel. The developer may submit an alternative tree replacement proposal and the Board of Commissioners may approve such alternative tree replacement proposal if it finds that such proposal satisfies the purpose of the tree replacement provisions and would better serve the residents of the development. In no case shall more than 15% of the woodland area be affected.

Floodplains. The provisions of § 182-604 shall prevail.

Wetlands. The developer of an SRD shall submit a wetland delineation plan prepared by a soil scientist who shall consider recent National Wetlands Inventory Maps of the United States Fish and Wildlife Service, areas delineated as wetlands by the United States Army Corps of Engineers, areas encompassed by hydric soils, as defined and mapped by the United States Department of Agriculture, National Resources Conservation Service or by the United States Department of Agriculture, National Resources Conservation Service. There shall be a fifty-foot buffer from the edge of any wetland to the closest dwelling unit and a minimum twenty-five-foot buffer from the edge of earth disturbance, unless required as part of an approved stormwater management plan.

Ownership. Individual structures may be leased or sold as individual ownership, rental, cooperative or condominium units.

Open space. Open space shall be held in common ownership or by the Township and shall be available to all Township residents, subject to the requirements of § 182-719A(1) of this chapter.

Off-street parking. Off-street parking shall be provided in common parking lots conveniently located to all units, or in combination with individual dwelling units.

The application for development of a tract under the requirements of this section shall be filed by the owner or owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction in the manner approved within a reasonable time as established at the time of approval. The application shall be accompanied by a sketch plan, which shall comply with the requirements of the Township Subdivision and Land Development Ordinance[1] and other applicable ordinances, and shall in every case be adequate to enable the Planning Commission and Board of Commissioners to determine that such plan complies with the requirements of this chapter.

Special residential developments may be permitted as a conditional use by the Board of Commissioners acting upon recommendation of the Planning Commission. The approval of the conditional use shall be based upon a review of all land use considerations, including external impacts upon the surrounding neighborhood, and may be approved if it is determined that the proposed development meets the specific intent specified in § 182-721A(1) and A(2) herein, is consistent with land use concepts inherent in the Township's Comprehensive Plan and if the resultant traffic, environmental impact and similar externalities will not unduly burden nearby facilities. In reviewing an application for conditional use, the Board of Commissioners shall apply the following design standards in addition to all other design standards applicable under this chapter:

No such facility shall be permitted in any residential zoning district.

In any zoning district, other than residential, a storage facility for a flammable liquid other than heating oil, whether aboveground or in the ground, shall be permitted only as a special exception. Said special exception shall be granted only if the following conditions are met:

The applicant shall file a written application with the appropriate Township official together with such fees as shall be established by ordinance for conditional or special exception use hearings. The application shall be accompanied by a sketch development plan and shall contain sufficient information to enable the Township to evaluate such factors as:

The application shall be referred to the Haverford Township and to the Delaware County Planning Commissions, each of which shall make a recommendation to the Board of Commissioners as to the suitability of the proposed use with respect to the land upon which it is proposed, the surrounding neighborhood and the Township's Comprehensive Plan.

The Board of Commissioners shall conduct a hearing, pursuant to public notice, to provide the applicant an opportunity to explain his proposal, to receive testimony from all interested parties and from the general public, to consider the recommendations of the Township and County Planning Commissions, and to allow the Board of Commissioners to obtain such additional evidence as it shall deem necessary. Said hearing shall commence within 45 days of the date the filling of an application and payment of appropriate fees for consideration of the conditional use.

The Board of Commissioners shall consider such factors as safety, environmental impact, suitability of the proposed use to the surrounding neighborhood, compliance with the requirements of this chapter, overall design and the standards contained in § 182-1004A(2); provided, however, that all references to the Zoning Hearing Board shall be interpreted to apply to the Board of Commissioners and all references to special exceptions shall be interpreted to apply to conditional uses.

The Board of Commissioners shall render a decision on the application within 30 days from the conclusion of the hearing. Said decision shall be provided to the applicant in writing in a timely fashion.

No application for subdivision or land development approval shall be permitted to be filed until the application for a conditional use shall have been approved.

Individual mobile homes. An individual mobile home may be placed upon any legally subdivided lot subject to the following:

Mobile home land developments.

The mobile home must conform to the Manufactured Housing Construction and Safety Standards Code, as amended, of the United States Department of Housing and Urban Development, originally effective June 15,1976.

The exterior appearance of the mobile home shall be of similar design to conventional dwellings which are constructed on the site. The following criteria shall determine if the exterior appearance of the mobile home conforms with this requirement.

The varied orientation of mobile homes on mobile home lots is encouraged, provided that the required setback limitations are observed. Homes angled or parallel to the street are preferable and no two contiguous lots shall contain mobile homes placed perpendicular to the street.

Every mobile home lot shall be improved with a concrete pad and with utility connections before any certificates of occupancy are issued for mobile homes in the mobile home development; provided, however, that mobile home developments may be developed in sections of not less than 50 mobile home lots each, in which case this requirement shall be applicable only to the lots in any given section.

Every mobile home shall contain a minimum of 600 square feet of habitable floor area, as defined by this chapter.

An area equal to 10% of the gross site area or 400 square feet per dwelling unit, whichever is greater, shall be set aside for common open space and not more than 25% of this area shall include floodplain or areas with slopes exceeding 15%. This land shall be used for the active and passive recreational needs of the residents of the mobile home development, provided that the requirement may be waived if the minimum area required for each mobile home lot is increased by 10%.

All exterior areas not devoted to structures, patios, streets, sidewalks, parking spaces, and similar types of coverage shall be landscaped with grass, shrubs, trees or similar vegetative ground cover. Each mobile home lot shall be provided with at least one shade tree of a species acceptable to the Shade Tree Commission, and said shade tree shall have a minimum caliper of three inches at the time of planting.

Each mobile home shall be provided with a minimum of two off-street parking spaces as provided for by § 182-707. Additional off-street parking space shall be required for community rooms, common laundry facilities, and similar service, maintenance or administrative offices of the mobile home development.

Internal private streets shall have a minimum width of 24 feet and a minimum paved radius for culs-de-sac of 45 feet. All streets shall be paved with concrete or macadam of sufficient bearing strength and design to accommodate mobile homes and the trucks necessary to deliver them. No more than 25 dwellings shall be served by a single point of access to a public street without providing for an emergency accessway.

Sidewalks shall be provided along both sides of interior streets and along perimeter streets.

There shall be no outside storage of any kind permitted; provided, however, that trash and garbage may be stored outside in an area screened from view from the street or from adjoining lots.

Outdoor lighting facilities shall be arranged to protect adjoining residences or streets from direct glare or hazardous interference.

A minimum tract size of 25 acres shall be required.

The maximum gross density for continuing-care facilities for the elderly shall not exceed six units per acre. The permitted number of dwelling units shall be based upon the sum of all residential units and personal-care beds. Skilled-nursing-care beds shall not be counted toward the total number of permitted dwelling units.

No lot line of a continuing-care facility may be closer than 2,640 feet to the lot line of another such facility.

A perimeter setback shall be provided as follows:

The minimum distance between any two separate buildings shall be 30 feet.

The maximum percentage of the site which may be covered by buildings shall not be more than 20%.

The maximum percentage of the site which may be covered by hard surface, including buildings, parking lot surfaces, walkways and other impervious surfaces, shall not exceed 35%.

The height of any building shall not exceed three stories or 35 feet. The foregoing height restrictions shall not apply to conversions of existing buildings to continuing-care facilities for the elderly.

A twenty-foot-wide buffer planting strip, as defined herein, shall be provided along the entire perimeter of the continuing-care facility except where a break is necessary to provide vehicular or pedestrian access. The buffer planting strip shall be designed in accordance with the standards provided in this chapter to produce an effective visual screen. All plant materials shall be guaranteed for two years, and any plant material which dies within that time shall be replaced by the applicant at his or her cost.

Principal uses.

Accessory uses when provided for the exclusive use of residents.

The long-range aims and goals pertaining to the physical and social development of the Township as provided in the Comprehensive Plan.

The integration of the proposed land use with the existing development and existing land use adjacent to the site.

The conditions and availability of adjacent streets to efficiently and safely afford a movement of traffic to be generated by the proposed development.

Additional public services made necessary by the proposed development.

The amount, location and proposed use of the permanent open space achieved by the development.

The preservation of trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.

Accessibility of the site to public transportation.

The proximity of commercial and institutional facilities, including medical facilities for the use of residents.

No continuing-care for the elderly facility shall be constructed within a site area containing slopes in excess of 15%.

The developer shall file with the Township Secretary a covenant, to run with the land, endorsed by the Township Solicitor, in which said owner shall covenant on behalf of himself, his heirs, executors and assigns not to use the development for any other use than housing for the elderly, handicapped and its ancillary facilities for a period of not less than 25 years.

Handle type spigots and doorknobs.

Showers designed for wheelchairs, in place of tubs, in at least 30% of all units.

Nonskid surfaces in tubs and showers.

All floors shall be nonskid.

Control of water temperature to avoid accidental scalding.

Flush door entrances for easy wheelchair access.

Emergency signal systems in bathrooms and bedrooms connected with either an adjacent apartment or central office.

Grab bars around all toilets and tubs; in addition, all grab bars and towel racks shall be made of noncorrosive metal and shall be able to withstand up to 250 pounds.

All cooking stoves shall be electric.

Stove burner controls shall be located in the front.

Waterclosets shall be handicapped accessible units.

Lighting fixtures shall be located on the walls at convenient levels to avoid accidents that might otherwise occur in the repair of ceiling fixtures.

Electrical outlets shall be located at levels at least 24 inches above the floor.

There shall be ramps or elevators in addition to stairs in all buildings exceeding one story in height.

All elevators shall have slow closing doors with sensitive reopening mechanisms.

Hand rails shall be provided along all steps, hallways, ramps and sloped walks, both indoors and outdoors.

Permits.

Types of use and setbacks.

Location.

Size.

Screening.

Number of satellite television receive-only antennas per lot. There shall be a maximum allowable limit of one satellite television receive-only antenna per lot, with the use limited to that lot on which it is located.

Fences, walls, and retaining walls may be erected in the area immediately to the rear of the building line. Retaining walls may be located within a required front yard, provided they do not exceed 30 inches in height, and provided further that such retaining wall shall be constructed of masonry, stone or cement. Unless provided for elsewhere in this chapter, walls other than a retaining wall less than 30 inches in height shall be prohibited within a front yard.

No fence or wall, except a wall constructed as a part of an approved building or a retaining wall, shall exceed a height of six feet.

Solid fences are permitted to be placed along the rear yard property lines on all properties, and along the side yard property lines of a property with a minimum width as measured at the building line of 50 feet. For properties whose width is less than 50 feet at the building line, fences placed along the side property lines may not exceed six feet in height; provided, however, that the portion of the fence between five feet in height and six feet in height shall be at least 50% open.

Corner lots are permitted to be fenced along the secondary front yard, as determined by the Zoning Officer. However, no solid fence shall be permitted to be erected along a secondary front yard within five feet from the street right-of-way or a public sidewalk, whichever is greater, where the end of the proposed fence is located less than 20 feet from an existing driveway, intersecting street or alley.

Fence height. Fence height shall be measured vertically from the surface of the ground at the proposed location of the fence to the highest point of the fence, excluding posts. Wall height shall be measured vertically between the top of the wall and the lower of the finished ground level on either side of the wall.

Temporary fences; exceptions. Nothing in this section shall be deemed to interfere with the erection of temporary fences around construction work, erected or maintained pursuant to the Building Code[1] and other ordinances of the Township of Haverford. All temporary fences must be removed immediately after the completion of the project.

Fire hazard. The Zoning Officer shall not grant a permit for the erection of any fence or wall which constitutes a fire hazard, either of itself or in connection with the existing structures in the vicinity, nor which will interfere with access by the Fire Department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians.

All fences erected in the Township of Haverford shall have the finished side facing the adjacent property owners and/or the street right-of-way.

No fence or wall at any time shall interfere with the sight distance of motor vehicle traffic entering or leaving from adjoining streets and driveways.

No barbed wire, metal spike or other dangerous fence shall be hereafter erected or maintained.

No unfinished masonry units may be used in the construction of any wall facing an adjacent property and/or street right-of-way.

The proposed equipment would exceed the structural capacity of the existing building, structure or telecommunications equipment tower or pole and reinforcement of the existing building, structure, tower or pole cannot be accomplished at a reasonable cost.

The proposed equipment would cause radio frequency (RF) interference with other existing or proposed equipment for that building, structure or telecommunications equipment tower or pole and the interference cannot be abated at a reasonable cost.

Addition of the proposed equipment would result in nonionizing electromagnetic radiation (NIER) levels which exceed any federal or state emission standards.

Direction of the signal.

Frequency, modulation and class of service.

Transmission and maximum radiated power.

Manufacturer, type and model of equipment.

Height of the antenna.

Name, address and emergency telephone number for the operator.

Copy of current FCC license.

Lot area: A minimum lot size of 3 1/2 acres shall be required subject to § 182-729D(4).

Building area: The maximum percentage of the lot covered by buildings shall not exceed 20%.

Impervious coverage: The maximum percentage of the lot covered by buildings, driveways, parking lot surfaces, walkways and other impervious surfaces shall not exceed 50%.

Density: The maximum gross density shall not exceed 25 personal care units per acre.

Height: The height of any building shall not exceed three stories or 35 feet. In addition, § 182-705B shall apply.

Yards:

Street frontage: 75 feet minimum.

Buffer planting: A twenty-foot buffer planting strip adjacent to residential districts and five feet adjacent to all other districts shall be provided along the entire perimeter of the personal care assisted-living residence, except where a break is necessary to provide vehicular or pedestrian access and except where the Commissioners, with the recommendation of the Planning Commission, determine that a buffer planting strip should not be required.

Residential living units.

The following accessory uses when provided for the exclusive use of the residents:

The integration of the proposed land use with the existing development and existing land use adjacent to the site.

The conditions and availability of adjacent streets to efficiently and safely afford a movement of traffic to be generated by the proposed development.

Additional public services made necessary by the proposed development.

The amount, location and proposed use of the green space achieved by the development. At least 50% of the site area must be maintained as open space, which shall not include detention basins, parking lots and accessory buildings. Open spaces shall include outdoor sitting areas and pedestrian walks. To assure adequate green spaces for use by residents, areas of steep slope, very steep slope, wetlands and floodplain shall not be calculated as part of the minimum lot size of 3 1/2 acres.

The preservation of existing trees within required buffer areas.

Accessibility of the site to public transportation.

The proximity of commercial and institutional facilities, including medical facilities for the use of residents.

The applicant shall file with the Township Secretary a covenant, to run with the land, endorsed by the Township Solicitor, in which said applicant shall covenant, on behalf of the applicant, his and/or its heirs, successors and assigns, not to use the property for any other use than a personal care assisted-living residence and accessory uses permitted under § 182-729B, for a period of not less than 25 years.

In determining the compatibility of the proposed development with existing development and land uses, and to encourage interaction between the community and personal care facility residents, no personal care assisted-living residence shall be permitted which does not meet the following criteria:

No outdoor food preparation or storage, busing station or open outdoor trash receptacle shall be permitted.

The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.

Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m., except where the restaurant adjoins a residential use, in which case outdoor dining is permitted between the hours of 7:00 a.m. and 9:00 p.m.

Outdoor sound amplification systems are prohibited.

Tables or other dining surfaces must be smooth and washable.

Furnishings for outdoor dining shall be designed for outdoor use, maintained in good repair and in a clean and safe condition at all times. The use of unweighted furnishings is prohibited. Upholstered furniture is not permitted to be used in an outdoor dining area.

The outdoor dining area shall be subject to all Health Code provisions of the Township of Haverford.

Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.

No service of food or beverages is permitted to unseated patrons.

Portable heating devices with an open flame are prohibited.

The outdoor dining area shall be set back a minimum of 50 feet from any R-1, R-1A, R-2, R-3, R-4, R-5 or R-6 Zoning District.

Outdoor dining is permitted from April 1 to October 31 only.

Outdoor dining areas shall provide not less than five contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian traffic. Dining areas shall be arranged to permit a smooth alignment of the pedestrian sidewalk across several properties and shall not cause abrupt turns or angles. At street corner intersections there shall be a minimum of eight feet of unobstructed sidewalk between the area measured from the outside edge of handicapped ramps on each street frontage. Obstructions shall include, but not be limited to, light poles, traffic signal poles, fire hydrants, trees, utility structures and street signs. Further, the location of outdoor dining cannot obstruct the clear sight distance for vehicles or access or crossings for the disabled, nor be located with three feet from the face of the curb or traffic lane. Any unobstructed portion of the three-foot setback from the face of the curb may be counted toward the five-foot sidewalk area required herein.

A highway occupancy permit is required. Forms for occupancy are available in the Department of Public Works. Prior to placing any furnishings, enclosures or other items associated with the use upon any public sidewalk, the Township will inspect the condition of the sidewalk to assure that the surface is level and free of defects or tripping hazards.

All furnishings, planters, railings or enclosures associated with outdoor dining must be approved by the Director of Public Works and must be properly weighted to prevent movement.

Furniture, planters, railings and fences must be removed from the sidewalk and stored indoors when outdoor dining is not in seasonal operation.

Awnings shall be adequately secured and retractable. Umbrellas over tables must be adequately weighted.

No carpet, rug, artificial turf, platforms or other change in elevation from the surface of the concrete sidewalk, of any kind, shall be permitted.

The operator of an outdoor dining area and his or her employees shall not be permitted to remove, destroy, deface or otherwise alter any sign, notice, curb, storm inlet, or other public device or improvement.

Within the outdoor dining area, one hostess stand and/or menu board sign may be displayed. The menu board shall not exceed six square feet, may not encroach into the street right-of-way and shall be mounted on an easel or other easily removable fixture. When the outdoor dining is not in operation, such hostess stand and/or menu board shall be stored indoors.

Except emergency repairs or other emergency activities, the operator of such outdoor dining area shall be required to cease that operation within two days of notice given by the Township to perform public works.

The licensee of the outdoor dining is responsible for keeping the premises clean at all times, including the public sidewalk and other furnishings of the outdoor dining. At no time may trash or debris of any kind be blown, swept or otherwise deposited into the street. The presetting of tables with utensils, glasses, napkins, condiments and the like is prohibited.

All food and beverages served in a street right-of-way outdoor dining area shall be served in nondisposable containers.

Permits will be granted for a maximum of 30 days except as provided in Subsection C(5) herein for construction-related use.

At the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 15 days by seeking an extension for cause from the Code Enforcement Officer.

Extension of a permit will require payment of an additional fee for each additional permit term as provided by resolution of the Board of Commissioners and as may be amended from time to time.

In the event that a residence does not have a paved off-street surface sufficient for placement of a PSU, the Code Enforcement Officer, for good cause shown, may permit the installation of a PSU on another location on the property. If no suitable location exists on site, the Code Enforcement Officer may permit the installation of a PSU on an adjacent street with the approval of the Director of Public Works. In the event the PSU is located on an adjacent street, then the PSU shall be subject to the further regulations of § 157-22 of these General Laws.

The Code Enforcement Officer may grant a permit for the placement of a PSU for a period not exceeding six months where the Township has approved a building permit for the renovation or reconstruction of a residence. When a certificate of occupancy has been issued before the said six months PSU permit period has elapsed, the PSU permit shall be terminated and the PSU removed from the site or adjacent street.

For good cause shown and demonstrated, the Township Board of Commissioners may extend the permit for a period greater than six months.

The use of the PSU cannot be for the storage of any commercial or business-related items.

The use of the PSU must be for temporary relocation of items from or for the premises indicated on the permit only.

No items from any location(s) other than the premises indicated on the permit (the premises on which the PSU is located) can be stored in the PSU.

Hazardous materials, including flammable and biohazard substances, shall not be stored in the containers.

PSUs are prohibited from being placed in the following environmentally sensitive areas:

No PSU shall be placed on a side yard of a corner property which fronts on a street.

All PSUs must be placed on paved off-street surfaces except as provided in Subsection C(4) herein.

PSUs shall not be located in any required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shutoff valves, and for fire protection. Such containers shall also be subject to the sight distance provisions of § 182-702 of this chapter.

Only one PSU may be placed on any residential property at one time.

No PSU shall exceed a maximum size of eight feet by 16 feet and shall not exceed eight feet in height.

All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. It shall be the responsibility of the permit holder to maintain the storage unit rodent, vermin and insect free.