Lehigh Township Northampton County
City Zoning Code
City Zoning Code
ARTICLE III
General Regulations
§ 180-24 Applicability.
The regulations contained within this article shall apply to all uses in all zones within the Township.
§ 180-25 Accessory uses and structures.
A.
Alternative energy systems. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard of any property. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover more than 25% of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the ground is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.
B.
Garage/yard sales. Within any zone, an owner and/or occupant may conduct no more than two garage/yard sales events per calendar year. No garage or yard sale shall be conducted for a period longer than three consecutive days and/or sales event. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only three six-square-foot signs advertising the garage/yard sale shall be permitted. Such signs shall be permitted no more than two days prior to the sale and shall be removed promptly upon the completion of the sale. Either of the two permitted signs located off the site upon which the garage/yard sale is conducted shall be erected only with permission of the owner of the property upon which such sign(s) is to be placed. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, except that parking may occur where permitted. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization. No separate permit shall be required for garage/yard sales conducted in accordance with the restrictions contained herein.
C.
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the A/RR, VR or NC Zone shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the GC or I Zone that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the NC, GC or I Zone shall comply with all principal use standards.
D.
Swimming pools. No permanent swimming pool shall be permitted without an operable filtration system using chlorine, bromine, another antibacterial agent, or other system which removes or kills bacteria. All swimming pools shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to aboveground pools having a wall measuring four feet above the surrounding grade and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. For lots less than one acre in area, all pools must be set back at least 10 feet from all lot lines; for all other lots, pools must be set back at least 25 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.
E.
Tennis courts. All tennis courts shall include an open-mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.
§ 180-26 Commercial forestry.
Commercial forestry is permitted in all zoning districts subject to the following criteria:
A.
All commercial forestry operations shall be done only by the applicant or a logger under contract to the applicant and in accordance with a forest management plan prepared by a qualified forester, which plan has been approved by the Township. A copy of the forest management plan shall be filed with the Township prior to the start of any site work. The applicant or logger shall first obtain a permit from the Zoning Officer. All forestry operations shall only be conducted in accordance with the approved forest management plan.
B.
With respect to any tract or tracts of land for which a forest management plan, which plan includes commercial forestry operations, and for which a zoning permit is issued, and pursuant to which any commercial forestry operation is conducted, such tract or tracts shall not be subject to or permitted any other use under this chapter (including other permitted uses in said zoning districts) until certification by the Township Zoning Officer of the successful completion of the reforestation portion of the approved forest management plan.
C.
Before the commercial forestry operation is undertaken as part of an approved forest management plan, the applicant(s)/owner(s) shall submit to the Township, fully executed and acknowledged, in recordable form, a restrictive covenant (along with a check in the amount of the fees for recording said restrictive covenant and required attachments in Northampton County Courthouse for the recording of such instruments) in which the landowner(s) acknowledge(s), covenant(s), and agree(s) on behalf of him/herself or themselves and his/her/their respective heirs, assigns, grantees, vendees, and successors that:
(1)
All commercial forestry operations will be conducted only in accordance with this chapter and the approved forest management plan, a conformed copy of which plan shall be attached to the restrictive covenant;
(2)
As soon as practical, and consistent with sound forest management practice, after the conclusion of the commercial forestry operation, the applicant(s)/owner(s) shall cause to be implemented the reforestation portion of the approved forest management plan; and
(3)
Until the completion of the reforestation portion of the approved forest management plan, including the reforestation period set forth therein, the tract(s) or parcel(s) of land which was/were the subject of the commercial forestry operation shall be put to no other use, including but not limited to any use which would otherwise be a permitted use (whether by right, special exception, or conditional use) for said land in the zoning district in question.
D.
Each application, each forest management plan, and the commercial forestry operation itself shall comply with each of the following requirements:
(1)
The applicant must be the owner of the land on which the commercial forestry operation is proposed.
(2)
It is recognized that an essential element of any forest management plan which includes a commercial forestry operation is a reforestation plan, and it is understood that the reforestation process after a commercial forestry operation may take a number of years, depending upon the principal variety or varieties of trees cut and to be reforested, as well as other factors. The forest management plan submitted in support of a proposed commercial forestry operation shall identify the principal variety or varieties of trees intended to be cut and identify, as part of the forest management plan, the reforestation process or processes to be employed and specifically identify, with respect to each principal variety of tree to be reforested, the method or methods of reforestation to be employed and the recommended reforestation period in terms of years. The intent of this portion of this chapter is that when commercial forestry is the proposed intended use of a tract or tracts of land it must be understood by the landowner(s) that, with respect to commercial forestry operations undertaken as part of a forest management plan, the appropriate reforestation period is deemed to be an essential part of any such forest management plan and, therefore, the commercial forestry use will be deemed to be a continuing use until the completion of the reforestation period set forth therein. Therefore, during the approved reforestation period no other use will be permitted of such tract(s) of land.
(3)
The commercial forestry operation shall be by the selection method. Clear-cutting is prohibited.
(4)
An erosion and sedimentation control plan designed to prevent erosion and sedimentation during and after the commercial forestry operation shall be submitted to and approved by the Northampton County Conservation District. The approval of this erosion and sedimentation control plan by the Northampton County Conservation District is a condition precedent to action by the Board of Supervisors on the conditional use application.
(5)
All cutting, removing, skidding, and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself.
(6)
Roads and trails shall be constructed, maintained, and abandoned in such manner as to prevent soil erosion and damage to soil and waterways.
(7)
Roads and trails shall be only wide enough to accommodate the type of equipment used and grades shall be kept as mild as possible.
(8)
Where possible, stream crossings shall be avoided. However, where deemed necessary, crossing shall be made at right angles utilizing suitable culverts or bridges.
(9)
Skidding across live or intermittent streams is prohibited, except across bridges or culverts.
(10)
No-logging buffer zones of 50 feet shall be maintained on the property on which the commercial forestry operation is being conducted along all streets and abutting properties. Except for the construction and use of roads and trails described in the approved forest management plan, no trees shall be cut, removed, skidded, or transported within a no-logging buffer zone.
(11)
No-logging buffer zones of 25 feet shall be maintained along all streams or historic or scenic trails and around the perimeter of all springs. Except for the construction and use of roads and trails described in the approved forest management plan, no trees shall be cut, removed, skidded, or transported within a no-logging buffer zone.
(12)
No-logging buffer zones of 10 feet shall be maintained along both sides or any natural or man-made swale or drainage ditch. Except for the construction and use of roads and trails described in the approved forest management plan, no trees shall be cut, removed, skidded, or transported within a no-logging buffer zone.
(13)
Everything practicable shall be done to prevent damage or injury to young growth and trees not designated for cutting.
(14)
All limbs and stubs shall be removed from felled trees prior to skidding.
(15)
All trees bent or held down by felled trees shall be released promptly.
(16)
No trees shall be left lodged in the process of felling. Damage to remaining trees shall be minimized.
(17)
Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across any public street is prohibited without the express written consent on the Township in the case of Township streets or the Commonwealth of Pennsylvania Department of Transportation in the case of commonwealth streets.
(18)
No tops or slash shall be left within 50 feet of any public street or adjoining property, within 25 feet of any stream or historic or scenic trail, or within 10 feet of any natural or man-made drainage ditch.
(19)
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.
(20)
During periods of abnormal forest fire danger, as determined by the Lehigh Township Fire Chief, the Township shall have the right to order a suspension of all commercial forestry operations until the danger subsides.
(21)
Littering is prohibited. During and upon completion of a commercial forestry operation, all cans, bottles, paper, garbage, and other litter of any type shall be removed from the property and properly disposed of.
(22)
Upon completion of a commercial forestry operation, all roads shall be graded to eliminate all wheel ruts, and access to such roads from any public street, by motor vehicles of any kind, shall be effectively blocked.
E.
Before any permitted commercial forestry operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree shall be felled which has not been designated for removal on the forest management plan as finally approved by the Board of Supervisors.
F.
The holder of a zoning permit to conduct a commercial forestry operation shall notify the Township, in writing, not less than 48 hours before the cutting of any trees is to begin in connection with the construction of roads or trails.
G.
The holder of a zoning permit to conduct a commercial forestry operation shall notify the Township, in writing, not less than 48 hours before the cutting of trees for removal from the site is to begin.
H.
The holder of a zoning permit to conduct a commercial forestry operation shall notify the Township, in writing, not less than 48 hours in advance of the expected suspension of the logging operation for more than five consecutive working days for reasons other than weather conditions.
I.
The holder of a zoning permit to conduct a commercial forestry operation shall notify the Township, in writing, at least one week in advance of the expected completion date of the commercial forestry operation and shall notify the Township, in writing, immediately upon said operation's completion.
J.
The Township may, by its own personnel or outside persons hired for the purpose, go upon the site of any commercial forestry operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation and thereafter recommending or opposing the proposed operation or recommending or requiring changes or modifications thereto.
K.
After a zoning permit for a commercial forestry operation has been issued, the Township shall have the right, by utilizing its own personnel or outside persons hired for that purpose, to go upon the site before, during, and after the commercial forestry operation to ensure and require compliance with the plans for said operation as finally approved and all other terms and provisions of this chapter.
§ 180-27 Common open space requirements.
In those instances where common open space is required elsewhere in this chapter, or when an applicant proposes the use of common open space, such common open space shall comply with the following regulations:
A.
Proposed common open spaces shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1)
The protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.);
(2)
Protection of important historical and/or archaeological sites;
(3)
Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Township; and
(4)
Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools, or other similar features.
B.
An essential element of the use of common open space is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The common open space(s) shall be accomplished through one of the following:
(1)
An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the common open space;
(2)
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of common open space land and/or natural resources. The organization shall be a bona fide conservation organization. Any such conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land or if the organization shall cease to exist, and the organization must enter into a maintenance agreement with the Township; or
(3)
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common open space by sale or otherwise, except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter;
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to maintenance of deteriorating common open space by municipalities; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(c)
The Township may require the establishment of a reserve fund to provide for the maintenance of, or capital improvements to, the common open space.
§ 180-28 Corner lots.
A.
A front yard, as provided for in each of the zoning districts, shall be required along one street on which a corner lot abuts; the other frontage shall be a side yard with street designation, and the requirement for the side yard with street will be no less than the front yard requirement for the lot.
B.
On any corner lot, no wall, fence, or other structure shall be erected, altered, or maintained and no hedge, tree, or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, no such structure or growth shall be permitted within an area formed by a triangle where two of the legs of the triangle extend 100 feet along the street center lines from the center line of the intersection of the two intersecting streets and the other leg connects to the ends of the one-hundred-foot legs as defined previously.
§ 180-29 Driveways.
A.
Permit required; enforcement.
(1)
No new driveway shall be constructed and no existing driveway shall be relocated or modified without first securing a permit from the Township. Applications shall be made to the Zoning Officer for a permit under this section by filling out the appropriate application form and by submitting the required fee established by resolution adopted by the Board of Supervisors, together with any additional information required by the Zoning Officer at the time of submission of the application.
(2)
Construction authorized by Township permit for a driveway shall be performed at such time and in such a manner as to conform to all Township requirements and standards. Such work will be approved only by the designated Township official appointed by the Board of Supervisors and upon receipt of written completion notice from the permittee. Any action inconsistent with the provisions of this section or other pertinent Township ordinances shall be subject to a cease and desist order issued by the Board of Supervisors or its authorized representatives. If at any stage of the work the designated Township official or Zoning Officer determines that the facilities are not being installed in accordance with the approved permit, the Township shall revoke any existing permits until a revised permit is submitted and approved or unless the installation is corrected within 30 days of date of notification by the Township to conform to the approved permit.
B.
All driveways shall be placed, constructed, and improved so as to provide adequate drainage along the roadway so as not to adversely affect neighboring properties and the Township or commonwealth roadways.
C.
Driveways shall not be located closer than five feet to any property line and shall be a minimum 10 feet and maximum 22 feet in width.
D.
Grades.
[Amended 6-14-2011 by Ord. No. 2011-1]
E.
Drainage. Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street at the point of driveway entry.
F.
State permit. Where access is to a state highway, a PennDOT highway occupancy permit shall be obtained.
G.
Subdivision. Where driveways are proposed as part of a subdivision or land development, the provisions of Chapter 147, Subdivision and Land Development, shall also be met. If there are any conflicts between the requirements of this chapter and Chapter 147, Subdivision and Land Development, the stricter provisions shall apply.
H.
Sight distance for driveways.
(1)
A triangular area bounded by the center line of the intersecting driveway and the street center line and a diagonal connecting two points, one of which is on the driveway center line and the other of which is on the street center line, shall be graded and shall be free of sight obstructions, including fences, and vegetation so that vision between the ground level and a height 10 feet above the center-line grades of the driveway and street is not obscured.
(2)
This sight triangle shall be protected by deed restriction, lease restriction, or plan amendment (whichever method is applicable).
(3)
The sight triangle point set on the driveway center line shall be 30 feet from the center line intersections of the driveway and the street. The point set on the street center line shall be one of the following distances from the center-line intersection of the driveway and the street:
§ 180-30 Erection of more than one principal use per lot.
[Amended 6-9-2009 by Ord. No. 2009-3]
No more than one principal use shall be permitted on a lot within any agricultural or residential zoning district (Agricultural Rural Residential, Village Residential, and Blue Mountain Conservation Districts), except as otherwise provided for in those districts. No more than one principal use shall be permitted on a lot with a single-family dwelling located within a commercial or industrial zoning district (General Commercial, Neighborhood Commercial, Office Business, or Industrial). More than one principal use may be permitted on a single lot within a commercial or industrial zone (General Commercial, Neighborhood Commercial, Office Business, or Industrial), provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In addition, each use must receive land development approval and provide for individual methods of sewage disposal.
§ 180-31 Flag lots.
A.
A flag lot is a lot typified by having a narrow "pole" portion connecting to a public street which expands to a width equal to or greater than the minimum lot width along the majority of the lot and meeting the requirements for the zoning district in which the premises are located.
B.
A flag lot shall be utilized solely for the construction of one single-family detached dwelling and no other principal use.
C.
The width of the pole (meaning the narrow portion of the lot connecting the street to that portion of the lot which complies with the minimum lot frontage), measured along the right-of-way line, shall be not less than 20 feet nor greater than 32 feet. The width of the pole shall not exceed 32 feet at any point, nor shall it be less than 20 feet.
D.
The length of the pole portion of the lot shall not be longer than 300 feet.
E.
No portion of the lot, beyond the pole, shall have a width, measured as the shortest straight line between side lot lines, less than the minimum required lot width for the zoning district in which the premises are located.
F.
The front building setback shall be measured from the lot line closest to the street to which the pole connects and which defines an edge of the flag, or buildable, portion of the lot. The space between this front building setback line and the line from which it is measured shall serve as the front yard of the lot.
G.
The area of the pole portion of the lot shall not be included in minimum required lot area.
H.
No more than one flag lot shall be permitted within a distance of 500 feet from any other flag lot, whether existing or proposed. This limitation shall apply to the pole portions of such lots which are located on either side of the same street.
I.
In a major subdivision, one flag lot may be permitted within 15 lots, two flag lots may be permitted within a thirty-lot subdivision, and so on in incremental steps of one flag lot per 15 lots. The five-hundred-foot isolation distance between flag lots may be waived by the Board of Supervisors, upon recommendation of the Planning Commission, in this particular circumstance.
J.
Flag lots are strictly prohibited direct access within the turnaround or bulb portion of a cul-de-sac street or roadway.
§ 180-32 Height limitation exceptions and regulations.
A.
The height regulations do not apply to the following structures or projections, provided that such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1)
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, church spires, cupolas, belfries, clock towers, or similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances; and
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.
B.
No structure for which exemption from the maximum height regulations is claimed shall have an area, at its base, in excess of 10% of the lot area, nor shall any advertising sign or device be inscribed upon or attached to such structure.
C.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial, or industrial purposes.
D.
No private detached garage or other accessory structure shall exceed 18 feet in height.
§ 180-33 Landscaping and buffers.
A.
Buffer yards. Buffer yards, with plant screening complying with the following standards, shall be required under the following circumstances:
(1)
Widths.
Provided by the Following Use | When the Use Providing the Screening and Buffer is: | Width of Required Buffer Yard (feet) | |
|---|---|---|---|
Any newly developed or expanded principal industrial use or any industrial storage or loading area | Abutting a residential zone or within 250 feet of an existing dwelling | 50 | |
Any newly developed or expanded principal commercial use | Abutting a residential zone or within 250 feet of an existing dwelling | 30 | |
Any newly developed or expanded industrial outdoor storage area or area used for the parking of 3 or more commercial vehicles | Abutting a street right-of-way or abutting a residential zone or within 250 feet of an existing dwelling | 20 unless such area would be completely screened from view of such streets by buildings | |
Any other use required to provide a buffer yard under another section of this chapter | 20 unless stated otherwise in another section of this chapter |
(2)
Locations.
(a)
The buffer yard shall be measured from the district boundary line, street right-of-way line, or lot line, whichever is applicable.
(b)
Buffer yards shall not be located within any street right-of-way to be dedicated as a result of any subdivision or land development. The buffer yard shall be in addition to such right-of-way.
(c)
The buffer yard may include areas within a required front, side or rear yard, provided that the larger yard requirements shall apply in case of conflict.
(d)
On a corner lot, a buffer yard shall not be required along the more heavily traveled of the two streets.
(3)
Characteristics.
(a)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicular parking. No new driveways or streets shall be permitted within buffer yards, except at points of approximately perpendicular ingress or egress. One conforming freestanding sign may be located in a buffer yard in a front yard, provided that such sign complies fully with the requirements of the clear-sight triangle and sign portions of this chapter.
(b)
In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, grass more than six inches in height, and weeds.
(c)
Where a buffer yard would be required and an existing tree line, thick vegetation or steep slope presently serves as a natural buffer, this buffer shall be maintained for not less than the width required under Subsection A(1). If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density and character to the buffer yard that was removed.
(d)
Any fence that may be constructed shall be on the inside of any required evergreen screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen of evergreen (as opposed to deciduous) trees or shrubs extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(b)
Each planting screen shall be in accordance with the following requirements:
[1]
Required plant materials shall have a minimum height of four feet when planted.
[2]
Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within 18 months, a ninety-percent-solid year-round visual screen of at least six feet in height.
[3]
The planting screen shall be permanently maintained by the landowner.
[4]
The planting screen shall be placed so that, at maturity, it will be at least three feet from all property lines or street right-of-way lines, whichever is more stringent.
[5]
The planting screen shall be broken only at points of vehicular or pedestrian access and shall comply with the sight distance requirements at all clear-sight triangles.
[6]
A relatively naturalistic arrangement of plants is encouraged, as opposed to rigid straight lines. Likewise, a mix of plant species is strongly encouraged.
[7]
Plants likely to grow substantially in diameter shall be planted in two or more rows or offsets to allow space for future growth.
(5)
(6)
Species of plants in buffer yards.
(a)
Trees and shrubs needed to form a required visual screen shall be of the following, or closely related, species. A required visual screen shall primarily be of evergreen plants. Leafy deciduous plants may be used selectively, provided that their use does not result in significant visual openings during the winter. If more than 20 plants are needed, then a maximum of 40% of such plants shall be of any one species.
Type | Description | |
|---|---|---|
Abies | All varieties of Fir | |
Buxus | All varieties of Boxwood | |
Caragana arborescens | Siberian Pea Shrub | |
Cornus | All varieties of Dogwood | |
Crataegus crusgalli | Cockspur Hawthorn | |
Cotoneaster divaricatus | Spreading or Upright Cotoneaster | |
Chaenomeles speciosa | Common Flowering Quince | |
Crataegus phaenopyrum | Washington Hawthorn | |
Euonymus | All varieties of Euonymus | |
Forsythia x intermedia spectabilis | Showy Border Forsythia | |
Hamamelis | All varieties of Witch Hazel | |
Hydrangea | All varieties of Hydrangea | |
Ilex | All varieties of Holly | |
Juniperus | All varieties of Junipers | |
Kalmia latifolia | Mt. Laurel | |
Kolkwitzia amabilis | Beautybush | |
Ligustrum | All varieties of Privet | |
Lonicera fragrantissima | Winter Honeysuckle | |
Magnolia | All varieties of Magnolia | |
Picea | All varieties of Spruces | |
Pinus | All varieties of Pines | |
Pseudotsuga menziesii | Douglas Fir | |
Rhododendron sp. | Hardy varieties | |
Spiraea sp. | All varieties of Spirea | |
Syringa sp. | All varieties of Lilac | |
Tsuga sp. | All varieties of Hemlocks | |
Viburnum sp. | All varieties of Viburnum |
(b)
In addition, the following varieties of shade trees are highly recommended:
Type | Description | |
|---|---|---|
Acer rubrum cultivars | Red Maple | |
Acer ginnala | Amur Maple | |
Pyrus cultivars | Hybrid ornamental pears | |
Quercus cultivars | Oak Species |
B.
Landscaping.
(1)
Any part of a commercial, industrial, or institutional lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with trees and shrubs. All such areas shall be well maintained.
(2)
Within any lot submitted for land development approval after the date of adoption of this chapter, a minimum of 80% of the required minimum front yard setback area shall be maintained in landscaped green space. The intent is that the remaining 20%, or less, be used for driveways, fire lanes, visitor parking, handicapped parking and walkways. Other vehicle parking shall be placed to the side or rear of buildings. Where in any zone or for any use placement of parking areas to the front of buildings is not permitted by this chapter, then this provision shall not be interpreted to permit such placement.
(3)
In addition to other landscaping requirements of this chapter or other Township ordinances, any proposed new principal commercial, industrial or institutional building and any multifamily residence building shall be accompanied by the planting of at least five additional trees or shrubs for every one acre of proposed new impervious coverage.
(a)
Such plants shall be placed in highly visible locations, such as adjacent to public streets and/or between the use and adjacent existing or future residential areas.
(b)
The applicant may choose the species, but such species shall be known to thrive in the soil type and climatic region of the site.
(c)
Each deciduous tree provided to fulfill the requirements of this subsection shall have a minimum caliper of 2 1/2 inches, measured one foot above ground elevation, at the time of its planting. Each other tree or shrub shall have an initial height of not less than 30 inches.
C.
In the PRRC Zone, in any newly developed or expanded use(s) located on a lot that abuts Cherryville Road, a minimum of 40% of the front yard setback area shall be maintained as a landscaped buffer yard; provided, however, that such landscaped buffer yard shall not obstruct views of the repurposed buildings from Cherryville Road.
[Added 3-8-2016 by Ord. No. 2015-12]
§ 180-34 Lot area, lot width and lot coverage.
Notwithstanding the lot area, lot width and lot coverage requirements of any district listed in Article II of this chapter, a dwelling, where it is a use permitted by right or special exception, may be erected on any lot with less than the required lot width and/or lot area if separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards shall be not more than 25% of the lot width and that the narrower side yard is not less than three feet in width.
§ 180-35 Minimum habitable floor area.
§ 180-36 Mobile homes.
A.
Mobile homes shall be considered as single-family detached dwellings and shall be permitted within all zones where single-family detached dwellings are permitted, whether by right, special exception, or conditional use.
B.
Mobile homes shall be placed on a permanent foundation. Such foundation shall be block masonry construction, minimum eight-inch by eight-inch cross section with joints grouted, extending a minimum of two feet eight inches below grade, including an eight-inch poured concrete pad at the base. The number and spacing of these piers shall be in accordance with the trailer manufacturer's recommendation. The entire perimeter of the foundation shall be enclosed with a skirt of weatherproof material or permanent sheathing. The wheels and axles must be removed. If the trailer is equipped with a removable hitch, the hitch must be removed. If the hitch is not of a removable type, then it must be boxed in with the same type of material utilized for the skirting.
C.
Water and sewage shall be installed and maintained in accordance with Township, commonwealth, and federal specifications.
D.
The lot upon which a mobile home is installed shall meet the same minimum area, width, yard, and other requirements for a single-family detached dwelling within the specific zoning district and for the type of utility service provided.
§ 180-37 Off-street parking and loading.
A.
Required number of off-street parking spaces.
(1)
Requirement.
(a)
Each use established, enlarged, or altered in any district shall provide and satisfactorily maintain off-street parking spaces in accordance with the tables and regulations of this section.
(b)
Uses not specifically listed in the tables within this section shall comply with the requirements for the most similar use listed in the tables.
(c)
Where a proposed use contains or includes more than one type of use (regardless of whether each use is listed in the tables or is an unlisted use), the number of parking spaces required shall be the sum of the parking requirements for each separate use, except as may be allowed under Subsection A(2).
(d)
Where the computation of required parking spaces results in a fractional number, the fraction of 1/4 or or more shall be counted as one.
(2)
Conditional reduction in off-street parking areas.
(a)
The intent of this reduction is to encourage the minimizing of impervious surfaces while ensuring adequate parking will be provided, as well as to recognize that unique circumstances may justify a reduction to the required parking.
(b)
Following a review and recommendation by the Planning Commission, the Zoning Hearing Board may permit a reduction, through the special exception review process of § 180-119C of this chapter, of the number of parking spaces to be initially developed as required by this section, provided each of the following conditions is satisfied:
[1]
The applicant shall demonstrate to the Board, using existing and projected five-year employment, customer, resident, or other relevant data, that a reduction in the off-street parking spaces to be initially developed as required by this section is warranted;
[2]
The applicant shall submit plans of the parking lot(s) which designate a layout for the total number of parking spaces needed to comply with the parking requirements of this section;
[3]
The plans shall clearly designate which of these parking spaces are proposed for immediate use and which spaces are proposed to be conditionally reserved for potential future use;
[4]
The portion of the required parking spaces conditionally reserved for potential future use shall not be within areas for required buffer yards, setbacks, or utility/drainage easements, areas reserved for installation of future on-lot sewage disposal systems or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter; and
[5]
Areas conditionally reserved for potential future parking use shall be attractively landscaped and remain in open space.
(c)
The applicant shall enter into an agreement with the Township requiring the applicant to maintain each conditionally reserved area as attractively landscaped open space and also to convert some or all of the conditionally reserved area to additional off-street parking at any time that the Zoning Hearing Board finds that additional parking is needed. This agreement shall be recorded with the deed as a covenant running with the land. The Zoning Officer shall bring the parking reduction agreement to the Board for reconsideration if the Zoning Officer determines that, based upon field observations, the reduced parking is not meeting actual needs.
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Agricultural Uses2 | ||
Agriculture | 1 per employee | N/A |
Animal hospital/ veterinarian | 5 per doctor | Employee |
Animal husbandry | 1 per employee | N/A |
Greenhouse/nursery (minimum of 5 spaces required) | 1 per each 100 square feet of inside sales space3 | Employee |
Kennel (minimum of 4 spaces required) | 1 per each 12 animals of capacity | Employee |
Riding stable (minimum of 2 spaces required) | 1 per each 8 animals of capacity | Employee |
Seasonal roadside stand (minimum of 5 spaces required) | 1 per each 100 square feet3 | Employee |
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Residential Uses | ||
Single-family detached and semidetached dwellings | 2 spaces per dwelling unit | N/A |
Townhouses and multifamily dwellings | 2.5 spaces per dwelling unit | N/A |
Home occupations | 1 per each 150 square feet3 | Nonresident employee |
Housing for households limited to persons 60 years of age and older | 1 per dwelling unit or rental unit | Employee |
Boardinghouse | 1 per each rental unit or bed, whichever is greater | Employee/visitor |
Group home/personal care facility | See Note 4 | Employee |
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Public or Private Recreational Uses | ||
Indoor recreation | 1 per each 50 square feet3 | Employee |
(e.g., bowling alleys, exercise clubs, membership clubs, etc.) | ||
Library or community center | 1 per each 300 square feet3 | Employee |
Theater or auditorium | 1 per each 3 seats | Employee |
Outdoor recreation (e.g., golf courses, ball fields, stadiums, etc.) | 1 per each 3 persons of total designated capacity | Employee |
Golf driving ranges | 1 per tee | Employee |
Miniature golf | 2 per hole | Employee |
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Institutional and Educational Uses3 | ||
Churches or other places of worship | 1 per each 3 seats | Employee |
Hospital/nursing home | 1 per 1.5 beds (hospital) 1 per 4 beds (other uses) | Employee, staff member and visiting doctor |
Medical or dental clinic or office | 6 per doctor | Employee |
Nursery/day-care center (minimum of 3 spaces required) | 1 per each 8 persons enrolled3 | Employee |
Primary or secondary school | 1 per each 3 students aged 16 or older | Employee |
College, university or trade school | 1 per each 1.5 students not living on campus | Employee |
Utility substation | 1 per each vehicle normally required to service such facility | N/A |
Dormitory | 1 per each 1.5 students aged 16 or older | Nonresident employee |
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Retail and Commercial Service Uses1 | ||
Automobile gas/service/repair (minimum of 1 space for each 2 gas pumps) | 5 per bay | Employee |
Vehicle or boat sales (minimum of 5) | 1 per each 15 vehicles on display, inside or outside3 | Employee |
Financial institution | 1 per each 150 square feet2, plus 3 for each automatic banking transaction machine | Employee |
Fast-food restaurant (minimum of 25) | 1 per each 2 seats of capacity | Employee |
Funeral home | 1 per each 4 seats of capacity | Employee |
Hotel/motel | 1 per each rental unit plus 1 per each 3 seats in dining/meeting rooms | Employee |
Laundromat | 1 per each 3 washing machines | Employee |
Office (minimum of 3 required) | 1 per each 300 square feet3 or employee, whichever is greater | N/A |
Personal service business (e.g., barbershops, beauty salons, photo shops, appliance repair shops) (minimum of 3 required) | 1 per each 150 square feet3 | Employee |
Standard restaurant | 1 per each 3 seats of capacity | Employee |
Retail sales/rental (minimum of 8 for movie/video rental stores or convenience stores; minimum of 5 for all other uses) | 150 square feet,3 1 per each except 1 per 200 square feet of gross leasable floor area for retail uses greater than 50,000 square feet3 | Employee |
Automatic banking transaction machine | 3 per machine | Employee |
Tavern | 1 per each 30 square feet3 | Employee |
Adult-related uses | 1 per each 50 square feet3 | Employee |
Bed-and-breakfast | 1 per each rental unit, plus 2 for dwelling unit | Employee |
Bus station | 5 per bus stall | Bus |
Off-Street Parking Requirements | ||
|---|---|---|
Use | Basic Requirement (off-street parking spaces) | Plus 1 Off-Street Parking Space Required for Each1 |
Industrial, Wholesale, and Warehousing Uses2 | ||
Industrial, wholesale and warehousing uses | 1 per each company vehicle based at the plant | Employee |
Mini warehouse | 1 per each 15 storage units | Employee |
NOTES: 1In addition to parking or storage spaces for all vehicles used directly in or stored or displayed as part of the conduct of such business. |
2Of all area occupied by equipment, furnishings, or inventory accessible to employees, but not including stairwells, toilet rooms, elevator shafts and other similar accessory areas as may be provided. |
3Of all sales and other area occupied by equipment, furnishings, or inventory accessible to customers or patrons, but not including corridors, bowling lanes, toilet rooms, and other similar accessory rooms as may be provided. |
4If a group home/personal care facility would include four or more clients of a type who can reasonably be expected to be able to and would be allowed to operate a vehicle, then the group home/personal care facility shall include a minimum of three off-street parking spaces. Any parking area for four or more vehicles shall be screened from all adjacent dwellings by an evergreen screen. |
5With approval by the Planning Commission, after presentation of appropriate information by the applicant. |
6See Article I for definition of "employee." |
7In addition to parking or storage spaces for all vehicles used directly in or stored or displayed as part of the conduct of such business. |
8Spaces for storage or display of vehicles for sale or rent are not required to meet the minimum requirements for the dimensions or aisle width of parking spaces. |
9All such required spaces shall be located within a maximum of 250 feet of the dormitory building which the spaces are required to serve. |
B.
General regulations for off-street parking.
(1)
General. The parking spaces and accessways shall be laid out in a safe and efficient method that takes into account the location of access to the property, loading areas, pedestrian circulation, and any drive-through facilities.
(2)
Existing parking. Structures and uses in existence at the effective date of this chapter shall not be subject to the requirements of this section regarding off-street parking and loading, provided that the kind of use is not changed and that any parking facility now serving such structures or uses shall not in the future be reduced to any amount less than that required by this chapter.
(3)
Changes in use. Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwellings, seating capacity, or otherwise to create a need, based upon the requirements of this section, for an increase of 10% or more in the number of existing parking spaces, the number of total spaces to be provided shall be based upon the total number of parking spaces that would be required for the entire existing and proposed use.
(4)
Continuing obligation. All required parking facilities shall be provided and maintained so long as the use which the facilities were designed to serve shall exist. The number of off-street parking spaces shall not be reduced in number except when such reduction is in conformity with the requirements of this section.
(5)
Conflict with other uses. No parking area shall be used for any other use that would interfere with its availability for the parking need it is required to serve. Required parking spaces shall not be used for storage or display of materials or vehicles for sale.
(6)
Location of parking. Required off-street parking spaces shall be on the same lot, or a contiguous lot, with the principal or accessory use served.
(7)
Joint parking lots.
(a)
Two or more uses may provide for required parking in a common parking lot, provided that the total number of spaces in such lot shall not be less than the sum of the spaces required for each use individually (except as provided below), and provided that all parking spaces within such parking lot are within 300 feet walking distance of all the principal uses served by such lot.
(b)
The applicant may seek to prove that the parking requirement should be reduced under the provisions of Subsection A(2) because the uses would have their peak parking at different times of the day or have overlapping customers.
(c)
If two separate principal business uses on separate abutting lots develop a shared driveway system and an integrated shared parking lot, the number of required parking spaces for each use may be reduced by 10%.
C.
Design requirements for off-street parking.
(1)
General.
(a)
Every parking facility shall be designed so that its use does not constitute a nuisance, hazard, or unreasonable impediment to traffic.
(b)
Every parking area shall be arranged for orderly, safe movement.
(c)
No parking area shall be designed to require or encourage parked vehicles to back into a public street in order to leave a parking space.
(d)
Every required parking space shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle.
(e)
No parking area shall be located in a required buffer yard or within a street right-of-way.
(f)
No parking area or other paved area shall be located within 10 feet of a septic system absorption area or watercourse.
(g)
Defined trafficways. All parking areas shall include clearly defined and marked traffic patterns. In any lot with more than 30 off-street parking spaces, raised portland cement concrete curbs and landscaped areas shall be used to direct traffic within the lot. Major vehicular routes shall be separated as much as is reasonable from major pedestrian routes within the lot.
(h)
Separation from street. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading, or storage area.
(i)
Stacking. Each lot shall provide adequate area upon the lot to prevent backup of vehicles on or onto a public street while awaiting entry to the lot.
(2)
Parking spaces.
(a)
Each parking space shall have a stall width of at least nine feet.
(b)
Each parking space shall have a stall depth of at least 18 feet for angle parking or at least 22 feet for parallel parking.
(c)
All spaces shall be so marked as to indicate their location, except those of a single-family dwelling.
D.
Access drives.
(1)
Width.
[Amended 7-10-2007 by Ord. No. 2007-03]
(a)
Except as otherwise provided herien, each access drive shall have a minimum width of 12 feet and a maximum width of 15 feet at the street line for one-way use only and a minimum width of 20 feet and a maximum width of 30 feet at the street line for two-way use.
(b)
In the case of a medium- or high-volume driveway, as those terms are defined by the Pennsylvania Department of Transportation (PennDOT) pursuant to 67 Pa. Code Chapter 441 (“Chapter 441”), which driveway is providing access to a state road or highway, the provisions of § 108-37D(1)(a) shall not apply, and the PennDOT Chapter 441 standards and/or other applicable PennDOT standards related to minimum and maximum widths shall govern. A PennDOT highway occupancy permit shall be required prior the recording of the land development or subdivision plan.
(c)
In the case of a proposed driveway(s) that is providing access to a Township road, which would be considered a medium- or high-volume driveway pursuant to Chapter 441 (based on the number of projected trips), the provisions of § 180-37D(1)(a) shall not apply, and the PennDOT Chapter 441 standards and/or other applicable PennDOT standards related to minimum and maximum widths shall govern as if the driveway in question were providing access to a state road or highway.
(3)
Drainage. Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street at the point of access drive entry.
(4)
Separation between access drives. At least 50 feet shall be provided between any two access drives along one street frontage. This distance shall be measured from the nearest edges of the access drives.
(5)
State permit. Where access is to a state highway, a PennDOT highway occupancy permit shall be obtained.
(6)
Subdivision. Where access drives are proposed as part of a subdivision or land development, the provisions of Chapter 147, Subdivision and Land Development, shall also be met. If there are any conflicts between the requirements of this chapter and Chapter 147, Subdivision and Land Development, the stricter provisions shall apply.
(7)
Sight distance and access drives.
(a)
A triangular area bounded by the center line of the intersecting access drives and the street center line and a diagonal connecting two points, one of which is on the access drive center line and the other of which is on the street center line, shall be graded and shall be free of sight obstructions, including fences, and vegetation so that vision between the ground level and a height 10 feet above the center-line grades of the access drive and street is not obscured.
(b)
This sight triangle shall be protected by deed restriction, lease restriction, or plan amendment (whichever method is applicable).
(c)
The sight triangle point set on the access drive center line shall be 30 feet from the projected center-line intersection of the access drive and the street. The points set on the street center line shall be measured 100 feet both ways from the projected center-line intersection of the access drive and the street:
(8)
Paving, grading and drainage.
(a)
Except for areas which are landscaped and so maintained, all portions of required off-street parking and loading facilities shall be graded and drained in ways necessary to prevent dust, erosion or excessive water flow across public streets or adjoining properties. All access drives and parking areas shall be paved with asphalt, portland cement concrete, decorative paving blocks, or similar material.
(b)
Gravel or other surfaces other than those specified in Subsection D(8)(a) may be allowed by the Zoning Officer (for applications not requiring Planning Commission review) or Planning Commission (for all other applications) for parking areas that are used primarily for long-term storage or used fewer than 10 days in any calendar year.
(9)
Nighttime illumination.
(a)
Each parking area containing 10 or more spaces, and which is designed for use during nighttime hours, shall be adequately illuminated for security purposes and at no cost to the Township.
(b)
All lighting sources, including signs, shall be designed to minimize the spillover of light onto any adjoining or adjacent lots or streets.
(c)
No luminaire or other lighting source that is within 200 feet of a dwelling or residential zoning district shall be placed at a height exceeding 30 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety or lights intended solely to illuminate an architectural feature.
(d)
All light sources shall be properly diffused with a translucent or similar cover to prevent exposed bulbs from being directly visible from abutting streets or lots. No spotlight shall be directed such that the bulb itself is directly visible from a public street or a dwelling.
(e)
All light sources shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to adjacent dwellings or residentially zoned areas and to prevent the lighting from shining into the eyes of motorists.
(10)
Paved area setbacks (including off-street parking setbacks).
(a)
Intent. These setbacks are required to ensure that parked or moving vehicles within a lot do not obstruct sight distance or interfere with pedestrian traffic. These setbacks are also intended to aid in stormwater management along streets.
(b)
Maintenance in grass. The setback areas required by this Subsection B(10) shall be maintained in grass or other appropriate natural ground cover and shall not be covered with paving, except for approved access drive locations and any required sidewalks. Stormwater facilities that are not impervious may be located within this setback area. No fence shall be located within the paved area setback.
(c)
Setback from arterial and collector streets. No off-street parking area or outdoor display of vehicles or articles for sale shall be located within 25 feet of the right-of-way line of an arterial or collector street for lots with one acre or less of impervious area. For lots with more than one acre of impervious area, this same setback shall be 35 feet. This setback area, along with any curbing, shall be designed to prevent vehicles from entering or exiting the lot at locations other than approved access drives.
(d)
Setback from collector and local roads. No off-street parking area or outdoor display of vehicles or articles for sale shall be located within 25 feet of the right-of-way line of a collector or local street. This setback area, along with any curbing, shall be designed to prevent vehicles from entering or exiting the lot at locations other than approved access drives.
(11)
Paved area landscaping.
(a)
Intent. This Subsection B(11) is primarily intended to reduce the thermal pollution of surface waters from parking lot runoff.
(b)
Any lot which would include more than 30 parking spaces shall be required to provide landscaped areas within the paved area. This required landscaped area shall be equal to a minimum of 5% of the total paved area. A maximum of 15 consecutive and contiguous parking spaces in a row shall be allowed without being separated by a landscaped area.
(c)
One deciduous tree shall be required for each 4,000 square feet of paved area. This number of trees shall be in addition to any trees required by any other section of this chapter or by Chapter 147, Subdivision and Land Development. These trees shall meet the following standards:
[1]
Type of trees permitted. Required trees shall be chosen from the following list of approved street trees, unless the applicant proves to the satisfaction of the Planning Commission that another type of tree would shade paved areas, be relatively resistant to disease, road salt, and air pollution, and be relatively attractive. If more than 20 trees are required, no more than 60% shall be of any one type.
Type | Description | |
|---|---|---|
Acer rubrum | Red Maple | |
Acer saccharum | Sugar Maple | |
Celtis occidentalis | Common Hackberry | |
Fraxinus americana | White Ash | |
Fraxinus pennsylvanica | Green Ash | |
Ginko biloba | Maiden Hair Tree (male only) | |
Juglans nigra | Eastern Black Walnut | |
Liquidambar styraciflua | American Sweetgum | |
Liriodendron tulipifera | Tulip Poplar | |
Quercus acutissima | Sawtooth Oak | |
Quercus alba | White Oak | |
Quercus borealis | Northern Red Oak | |
Quercus coccinea | Scarlet Oak | |
Quercus imbricaria | Shingle Oak | |
Quercus macrocarpa | Bur Oak | |
Quercus montana | Chestnut Oak | |
Quercus phellos | Willow Oak | |
Quercus velutina | Black Oak | |
Sophora japonica | Chinese Scholartree | |
Tilia americana | American Linden | |
Tilia cordata | Littleleaf Linden | |
Tilia petiolaris | Pendent Silver Linden | |
Zelkova serrata | Japanese Zelkova |
[3]
Minimum size. The trunk diameter (measured at a height of one foot above the finished grade level) shall be a minimum of 2 1/2 inches or greater.
[4]
Planting and maintenance.
[a]
Trees shall be planted in conformance with good landscaping practice.
[b]
Trees shall be properly protected, by raised portland cement concrete curb or similar devices, from damage from vehicles.
[c]
Trees shall be properly maintained and shall not be removed without being replaced by another tree that meets the requirements of this chapter.
(d)
A substantial proportion of the trees required by this Subsection B(11) shall be planted within the parking lot, within protected islands. These protected islands shall be used to direct the flow of traffic through the parking lot in a smooth and safe manner to prevent "cross-taxiing." Required trees are also encouraged to be planted in highly visible locations, especially at the edge of parking areas abutting major streets.
(e)
Existing trees. For every existing tree on the lot that is healthy and is preserved and maintained and that would generally meet the requirements of this Subsection B(11), one less shade tree shall be required to be planted.
(12)
Parking lot screening.
(a)
No off-street parking area for five or more vehicles shall be developed in such a way that vehicle headlights could shine into a dwelling located within 200 feet or less of the parking space.
(b)
Wooden fencing, brick walls, or evergreen screening shall be required, as needed, to resolve the concerns of this Subsection B(12). Such screening or fencing shall have a minimum height of four feet, except that screening or fencing up to eight feet in height shall be required by the Zoning Officer as needed where there is unusual topography or the parked vehicles would be trucks or buses.
(13)
Handicapped parking.
(a)
Number of spaces. Any parking lot having 25 or fewer off-street parking spaces shall include a minimum of one handicapped space. The following number of handicapped spaces shall be provided, unless a revised regulation is officially established under the Federal Americans with Disabilities Act. In case such a revised regulation is adopted, such regulation shall control the minimum number of handicapped spaces.
Total Number of Required Parking Spaces in the Lot | Required Minimum Number/Percentage of Handicapped Parking Spaces | |
|---|---|---|
1 to 25 | 1 | |
26 to 50 | 2 | |
51 to 75 | 3 | |
76 to 100 | 4 | |
101 to 150 | 5 | |
151 to 200 | 6 | |
201 to 300 | 7 | |
301 to 400 | 8 | |
401 to 500 | 9 | |
501 to 1,000 | 2% of the required number of spaces | |
1,001 or more | 20 plus 1% of required number of spaces over 1,000 |
(b)
Location. Handicapped parking spaces shall be located where they would result in the shortest reasonable accessible distance to a handicapped accessible building entrance. Curb cuts shall be provided as needed to provide access from the handicapped spaces.
(c)
Minimum size. Each required handicapped parking space shall be eight feet by 18 feet. In addition, each space shall be adjacent to a five-foot-wide access aisle. Such access aisle may be shared by two handicapped spaces by being placed between them. However, one out of every eight required handicapped spaces (with a minimum number of one space) shall have an adjacent access aisle of eight feet in width instead of five feet.
(d)
Slope. Handicapped parking spaces shall be located in areas with six-percent or milder slopes in all directions.
(e)
Marking. All required handicapped parking spaces shall be identified by above-grade signs and appropriate painted handicapped parking space markings.
E.
Off-street loading.
[Added 12-9-2014 by Ord. No. 2014-6]
(1)
General requirements.
(a)
Each use shall provide off-street loading facilities, which meet the requirements of this section, sufficient to accommodate the maximum demand generated by the use.
(b)
At the time of site plan review, the applicant shall prove to the satisfaction of the Planning Commission that the use will have sufficient numbers and sizes of loading facilities and that no conflicts will be created. For the purposes of this section, loading shall include unloading.
(2)
Design and layout of off-street loading facilities. Off-street loading facilities shall be designed to conform to the following specifications:
(a)
Each off-street loading space shall be sufficient in size for the largest vehicle expected to routinely use the space. As general standards, a loading space shall be at least 12 feet in width by 50 feet to 65 feet in depth for a tractor-trailer, nine feet by 18 feet for standard-size vans and pickup trucks, and 10 feet by 25 feet for other trucks. In the case of a use involving 10 or more tractor-trailer loading docks, each space may be 11 feet in width.
(b)
Each space shall have sufficient maneuvering room separate from other parking and loading areas to avoid traffic conflicts within and outside of the lot.
(c)
Each space and the needed maneuvering room shall be located entirely on the lot being served and shall be located outside of required buffer areas, off-street parking setbacks and street rights-of-way.
(d)
An appropriate means of access to a street or alley shall be provided.
(e)
Paving, grading, and drainage shall be consistent with other requirements within applicable Lehigh Township ordinances.
(f)
No such facilities shall be designed or used in any manner so as to constitute a significant nuisance, public safety hazard or an unreasonable impediment to traffic.
(g)
All such facilities shall comply with Lehigh Township lighting, landscaping, and noise standards.
(3)
Fire lanes. Fire lanes shall be provided where required by state or federal regulations or other local ordinances. The specific locations of these lanes are subject to review by the Township Fire Officials.
§ 180-38 Outdoor signs.
A.
General intent. The sign regulations, controls, and provisions set forth in this section are made in accordance with an overall plan and program for the provision of public safety, land development, preservation of property values, and the general welfare of the Township of Lehigh and are intended to:
(1)
Aid in traffic control and traffic safety;
(2)
Establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and development;
(3)
Lessen congestion of land and air;
(4)
Preserve and protect property values;
(5)
Preserve the wholesome and attractive nature of the Township;
(6)
Provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow;
(7)
Recognize the rights of the public in roads, streets, highways, and the areas adjacent to those roads, streets, and highways; and
(8)
Recognize that the general welfare includes a community that shall be beautiful as well as healthy, spacious as well as clean, and well-balanced in its growth and development.
B.
General regulations for all signs.
(1)
Signs must be constructed of durable material and maintained in good condition.
(2)
No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or which has loose parts separated from original fastenings.
(3)
Whenever a sign becomes structurally unsafe, or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer may give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days.
(4)
Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.
(5)
Each sign shall be removed when the circumstances leading to its erection no longer apply.
(6)
Signs may be interior lighted with nonglaring lights or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way.
(7)
Directly illuminated signs, designed to give forth artificial light directly or through transparent or translucent material from a source of light within each sign, including but not limited to neon, will be permitted, provided that the light being emitted from the sign shall not cause a glare or emit light onto the surrounding area.
(9)
No sign shall be located so as to interfere with visibility for motorists at street or driveway intersections.
(10)
No sign located within 300 feet of any traffic light shall be illuminated with red, green, or yellow lights or neon tubing.
(11)
All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.
(12)
Signs must be positioned so that they do not interfere with any clear-sight triangle.
(13)
No lewd, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including but not limited to:
(14)
No sign shall be erected or located so as to prevent free ingress or egress from any window, door, or fire escape.
(15)
No sign shall be placed in such a position as to obscure light or air from a building or which would create a traffic danger.
(16)
No sign shall be permitted which is permanently attached to public utility poles or trees which are within the right-of-way of any public or private street.
(17)
In the event that a symbol, trademark, or other such figure is used as a signpost or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark, or figure is to be computed as part of the total allowable sign area.
(18)
Except in the case of billboards, only those signs referring directly to services, materials, or products made, sold, or displayed on the premises shall be permitted.
(19)
No point of any sign, including trim, border, and supports, shall be located within 10 feet of any property line or street right-of-way line.
(20)
Any sign attached to a building shall not be placed on a roof or be higher than the wall to which it is attached, except that, for multistory buildings, a sign may be attached to a first-level porch roof; provided, however, that all other restrictions related to obscuring of light and air and limiting of ingress and egress shall be complied with, and in no case shall the sign extend above the level of the highest roof of the building.
(21)
No point of a wall projecting sign shall be located less than 8 1/2 feet above the grade directly below the sign.
C.
Determination of size of sign area. The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall, or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign.
D.
Specific sign requirements. The tables on the following pages tabulate requirements imposed upon permanent, temporary, and shopping center signs as permitted within the Township.[1]
[1]
Editor's Note: See the following tables which are now included at the end of this chapter: Permanent Sign Requirements, Temporary Sign Requirements, and Planned Center Signs.
E.
Nonconforming signs. Any sign which was legally existing as of the effective date of this chapter and which does not comply with the provisions of this section of this chapter shall be considered a nonconforming sign.
(1)
All such nonconforming signs will be required to be brought into conformity at such time as 75% or greater of the sign is changed in any way, including but not limited to relocation, wording, logo, design, lighting and/or material composition. Nonconforming signs approved by variance will also be subject to this subsection.
F.
Prohibited signs.
(1)
The following types of signs shall not be permitted in the Township:
(a)
Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for a traffic control device. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop."
(b)
Signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation, such as fluorescent paint or glass.
(c)
Any sign located in or extending into a public right-of-way, except those owned or operated by a duly constituted governmental agency.
(2)
No sign shall be erected, attached, or displayed within 25 feet of the point of intersection of the lot lines at a street corner.
G.
Sign permits. For signs requiring permits, the following requirements shall apply prior to the erection of said signs:
(1)
Permit applications.
(a)
Application for a permit shall be made to the Township office.
(b)
Application shall be made on a form to be provided by the Township and shall contain the following information and documentation:
[1]
The name(s) and address(es) of the sign owner and the landowner;
[2]
An affidavit of title executed by the landowner(s) indicating the date and place of recording of the present title to the land;
[3]
A drawing showing the location of the sign with reference to the adjoining property lines and streets;
[4]
A drawing showing all dimensions of the sign, including all lettering and borders; and
[5]
A description of the construction materials of the sign (including colors to be used) and its manner of installation.
(c)
All applications shall be accompanied by the fees required for issuance of the sign permit.
(2)
All applications shall be reviewed, and permits issued, by the Zoning Officer. No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
(3)
Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer.
(4)
If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required.
§ 180-39 Outdoor storage and display requirements.
A.
Shopping cart storage. The outdoor storage and collection of shopping carts is permitted under the following conditions:
(1)
Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks or under a canopy) and/or within the parking lot;
(2)
No shopping cart storage and collection area shall be located upon any facility used for vehicle circulation, loading, or emergency vehicle access (e.g., fire lanes); shopping cart collection areas will be allowed at designated areas within parking lots;
(3)
In the case of shopping carts that are collected and stored immediately in front of the storefront (upon sidewalks or under a canopy), such shopping cart storage and collection areas shall be situated so as to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjacent to the curb along the storefront; and
[Amended 7-10-2007 by Ord. No. 2007-03]
(4)
The applicant shall submit a working plan for the collection of shopping carts from the parking lot. In cases where subdivision and/or land development plans are being reviewed by the Township, this working plan shall be submitted to and shall be reviewed and approved by the Township Planning Commission and Board of Supervisors. In all other cases, the working plan shall be submitted to and approved by the Zoning Officer. Also, the applicant shall be required to depict intended shopping cart storage and collection areas upon any permits and/or plans required by the Township. No additional permits shall be required unless such areas change in location or size.
B.
Seasonal sidewalk displays.
(1)
Only seasonal merchandise may be displayed;
(2)
The location of such outdoor displays shall be limited to sidewalks, under canopies, or other areas immediately in front of the building's storefront; the stacking and/or display of such items shall be arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjacent to the curb along the storefront;
(3)
In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, parking, loading, or emergency vehicle access (e.g., fire lanes);
(4)
In no case shall such the total length of all sidewalk display areas exceed 50% of the linear dimension of the storefront (e.g., a store 200 feet long could display no more than 100 linear feet of a sidewalk display);
(6)
The applicant shall submit a working plan for the cleanup of litter and debris which may result from such outdoor display. In cases where subdivision and/or land development plans are being reviewed by the Township, this working plan shall be submitted to and shall be reviewed and approved by the Township Planning Commission and Board of Supervisors. In all other cases, the working plan shall be submitted to and approved by the Zoning Officer. Also, the applicant shall be required to depict intended sidewalk display areas upon any permits and/or plans required by the Township. No additional permits shall be required unless such areas change in location or size.
C.
Special event sales.
(1)
Special event sales shall be located no closer than 45 feet to adjoining roads and no closer than 10 feet to side or rear lot lines;
(2)
Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot and those access drives which provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 180-37 of this chapter;
(3)
Special event sales shall not be located within the parking lot during the months of November, December, January, February and/or March, because of the potential need for snow removal;
(4)
The area devoted to special event sales displays shall not exceed 20% of the gross leasable floor area of the use(s) conducting the special event sale;
(5)
All uses conducting a special event sale shall be responsible for the ongoing cleanup of litter and debris; also, no exterior public address or lighting system shall be used in connection with the special event sale; and
§ 180-40 Permanent/temporary occupancy requirements.
No persons or family shall be permitted to reside permanently within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to 14 days in any calendar year on the property of a friend or relative.
§ 180-41 Traffic study criteria and roadway access.
[Amended 7-10-2007 by Ord. No. 2007-03; 3-28-2017 by Ord. No. 2017-1; 3-13-2018 by Ord. No. 2018-3]
A.
Traffic study.
(1)
Intent: to allow the Township to determine the safety and congestion impacts, and related costs, of proposed major traffic-generating uses; to require that applicants respond with reasonable proposals to resolve the negative traffic impacts that their proposed uses will cause on the public; to recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.
(2)
Uses requiring a traffic study. Any application for any of the following new uses or expansion of existing uses shall be required to complete a traffic study and include the findings in a written report:
(a)
Residential: 50 or more new dwelling units.
(b)
Any nonresidential use or expansion of a nonresidential use consisting of 20,000 square feet or more of new or additional total floor area.
(c)
Any use or combination of uses that would generally result in greater than 500 trips per day.
(d)
Uses determined at the discretion of the Township to be located within known congestion areas.
(3)
Timing. Any required traffic study shall be submitted at the same time as whichever of the following submittals occurs first: preliminary plan, special exception, conditional use or construction permit application, as applicable.
(4)
Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant.
(5)
Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of two miles of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day, which shall have a maximum study area of three miles from the project boundaries.
(6)
Joint studies. Joint traffic studies between different applicants are strongly encouraged.
(7)
Fees. In place of individual traffic studies, the Township Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.
(8)
Project description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be taken into account.
(9)
Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be impacted. Traffic volumes shall be based upon actual counts. The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted.
(10)
Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania.
(11)
Projected effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project a.m. and p.m. peak-hour traffic volumes and levels of service on impacted intersections and streets. If the peak traffic generation by the development is not during the adjacent street peak hour, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards. Retail or other commercial uses, including but not limited to restaurants, etc., shall analyze the Saturday peak as required by the Township.
(12)
Levels of service. The study shall estimate the levels of service (A, B, C, D, E and F) for key traffic movements, including turning movements, following the standards of the Pennsylvania Department of Transportation.
(13)
Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
(14)
Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions to mitigate the impact of the proposal, and a rough estimate of the cost of that improvement.
(15)
Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as van-pooling, support of mass transit or staggered work hours, in place of certain structural improvements.
(16)
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or the Subdivision and Land Development Ordinance (Chapter 147) shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit or within a staged process agreed to at the time of approval.
B.
Roadway access.
(1)
Access management standards. Vehicular access to and from all buildings, structures and lots shall be governed by the following:
(a)
All lots shall abut and have direct access to an existing or proposed public or private street as follows:
(b)
Proposed access points shall be separated according to the provisions set forth in this chapter.
(c)
Except as otherwise provided herein, where a lot or multiple lots are created with frontage on more than one road, access shall only be permitted to the road with the lower functional classification according to the circulation plan in the Township Comprehensive Plan.
(d)
Except as otherwise provided herein, unless clearly impractical, direct access to collector and arterial roads, as defined by the circulation plan in the Township Comprehensive Plan, shall be prohibited.
(e)
Unless clearly impractical, all residential lots shall have access only to local streets. Where direct access to an arterial street cannot be avoided, adequate turnaround space shall be provided so a vehicle shall not be required to back out onto an arterial street.
(f)
Except as otherwise provided herein, where a development proposal creates a lot with frontage along existing collector or arterial roads, the proposed street pattern shall provide reverse frontage access to a local street within the development, rather than access to the collector or arterial road. All front yard setbacks shall be calculated from the local road.
(g)
Except as otherwise provided herein, where a building, structure, or lot is created having frontage along an existing collector or arterial road and access to another street is not possible, access may be provided from an adjacent use.
(h)
Except as otherwise provided herein, where a building, structure or lot is created having frontage along an existing collector or arterial road and no viable alterative for access is possible, access to the arterial or collector road may be permitted in conjunction with the following:
[1]
The proposed use shall utilize existing accessways of adjacent properties through interconnection of interior drives, parking areas, or loading areas.
[2]
The design of parking and interior circulation of the proposed use shall be planned in such a manner as to connect interior accessways, parking areas and loading areas with future adjacent uses, structures, buildings or lots.
[3]
Access points along collector or arterial roads, as designated in the Township Comprehensive Plan, shall comply with all Township and state regulations governing lot access, driveways and street intersections.
(i)
In the case of any proposed access drive that would be considered a medium- or high-volume access drive pursuant to 67 Pa. Code Chapter 441 ("Chapter 441") and/or other applicable PennDOT standards, the provisions of this § 180-41B(1)(i), Access management standards, shall not apply and access shall be permitted onto a road with a higher functional classification. This § 180-41B(1)(i) shall apply to any access drives that meet the Chapter 441 definitions (based on the number of projected trips) for either a medium- or high-volume access drive whether or not the driveway provides access to a state highway.
(2)
Access intersection distance. All proposed access drives or driveways shall be set back a minimum distance from any intersection, based on the highway classification as defined by the Circulation Plan in the Township Comprehensive Plan. The minimum setback distance from intersections shall be calculated as the distance from the edge of or projected edge of the pavement of the intersecting roadway to the tangent of the radius of the proposed accessway according to the following:
(a)
All proposed access drives or driveways shall be set back a minimum of 75 feet from the intersection of two local roads.
(b)
From the intersection of a local road and collector road, proposed access drives or driveways shall be set back a minimum of 100 feet.
(c)
From the intersection of a local road and an arterial road, proposed access drives or driveways shall be set back a minimum of 175 feet.
(3)
Shared access provisions.
(a)
Purpose. The use of shared access points for adjacent facilities should be considered to better facilitate the flow of traffic by increasing access coordination along road frontages and minimizing confusion caused by an excessive number of access points.
(b)
Objectives:
[1]
To limit the number of access points along collector and arterial roads.
[2]
To use parallel access roads as entrances to uses and lots that abut collector and arterial roads.
[3]
To coordinate ingress and egress locations for adjacent uses, lots and structures along collector and arterial roads.
[4]
To connect interior accessways, parking areas or loading areas of uses with frontage along collector and arterial roads.
[5]
To coordinate similar traffic movements at access locations to increase safety and facilitate vehicle movement.
(4)
Access drives separation.
(a)
A minimum distance shall be provided between all new access drives as determined by the highway classification identified in the Township Comprehensive Plan and in accordance with the following:
[1]
The minimum separation distance between access drives on a local road shall be 75 feet.
[2]
The minimum separation distance between access drives on a collector road shall be 100 feet.
[3]
The minimum separation distance between access drives on an arterial road shall be 100 feet or if not able to meet this requirement as per PennDOT regulation.
(b)
Where two or more adjacent buildings, structures, or lots are in such proximity that achieving the minimum separation is not possible for each individual use, access drives shall be shared in compliance with the provisions of this chapter.
(5)
Responsibilities. The applicant shall be held responsible for the construction of any necessary traffic control devices, signs and roadway safety improvements, including acceleration and deceleration lane(s) where required by the Township or PennDOT.
§ 180-42 Roadway classifications.
For the purposes of this chapter, the Township's roads are functionally classified in the following categories:
A.
Arterial roads: Route 145, Route 248 and Blue Mountain Drive (SR 4001) between Route 145 and Route 248.
B.
Major collectors: Blue Mountain Drive (SR 4001) from Route 248 to the northern Township boundary and Mountain View Drive (Route 946) from the eastern Township boundary to Route 248.
C.
Minor collectors: Timberline Road (T-814), Wood Drive (T-813), Walnut Drive - Elm Road (SR 4018 - SR 4003) Cherryville Road (T-812), Maple Drive (SR 4020), and West Mountain View Drive from Route 248 to Route 145 (T-815).
D.
Local access roads: all streets not otherwise classified.
§ 180-43 Setback modifications.
A.
Setbacks of buildings in built-up areas. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front, side, or rear yard setback from the property. However, in no case shall the setback line be less than 20 feet from any abutting street right-of-way line.
B.
Accessory or appurtenant structures. The setback regulations do not apply to:
(1)
Bus shelters, telephone booths, cornices or eaves, chimneys, steps, canopies, bow or bay windows, and similar extensions but do apply to porches and patios, whether covered or not;
(2)
Open fire escapes;
(3)
Minor public utility structures (i.e., sewage pumping stations, metering pits, etc.), articles of ornamentation or decoration, and mailboxes; and
(4)
Fences, hedges, and retaining walls.
§ 180-44 Setbacks for utility lines.
A.
No company intending to install any electrical, petroleum, petroleum products, or natural gas transmission lines shall be allowed to construct the line within any right-of-way with a width less than 50 feet. Such line shall be installed in the center of the right-of-way and shall comply with the applicable standards imposed by commonwealth and federal laws and regulations.
B.
There shall be a minimum distance of 50 feet between the physical location of any proposed electrical, petroleum, petroleum products, or natural gas transmission line and any existing dwelling unit.
C.
There shall be a minimum distance of 50 feet between the physical location of any existing electrical, petroleum, petroleum products, or natural gas transmission line and any proposed dwelling unit.
§ 180-45 Steep slope protection standards.
[Added 10-12-2010 by Ord. No. 2010-8[1]]
All subdivisions and/or land developments proposed within Lehigh Township shall comply with this section and all other provisions of the Zoning Ordinance unless specifically exempted. Site alterations, regrading, filling, or clearing of vegetation by a landowner or developer which would violate the following standards shall be a violation of this section. The developer shall determine and delineate the presence of steep slopes on the site and shall meet the following standards:
A.
Steep slopes shall include all areas of 3,000 square feet or greater where the slope meets or exceeds 15%.
B.
Protection ratios of steep slopes.
(1)
Slopes of 15% to 20%. No more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
(2)
Slopes greater than 20% to 30%. No more than 15% of such area shall be developed and/or regraded or stripped of vegetation.
(3)
Slopes of 30% or greater shall be protected from all site disturbance and construction activities, except under the following circumstances:
C.
Grading or earthmoving on steep slopes shall not result in earth cuts or fills whose highest vertical dimension exceeds 10 feet, except where no alternative exists for construction of public roads, drainage structures, and other public improvements, in which case such vertical dimensions shall not exceed 20 feet.
D.
All finished slopes shall not exceed three feet horizontal to one foot vertical.
[1]
Editor's Note: This ordinance also repealed former § 180-45, Slope zoning, as amended.
§ 180-46 Unenclosed storage.
A.
Domestic composters. The placement of framed-enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat, or meat by-products, be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
B.
Outdoor stockpiling. In the A/RR, VR, and NC Zones, the outdoor stockpiling of materials (except firewood) for more than one year is prohibited.
C.
Storage or parking of commercial vehicles in residential zones.
(1)
The storage or parking of any commercial vehicle upon any lot used principally for residential purposes and containing an area of less than one acre is prohibited. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is prohibited.
(2)
For residential lots containing one acre or more in area, the parking and storage of one commercial truck that is owned and/or operated by a resident of the site is permitted, subject to the following:
(a)
The temporary parking of one commercial truck for periods not to exceed 72 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the truck is set back no less than 10 feet from any street right-of-way line and five feet from adjoining property lines and the engine and all refrigeration units are turned off;
(b)
A truck stored on site shall be set back a horizontal distance equal to the height of the vehicle or the zone's principal use setbacks, whichever is greater;
(c)
No truck shall be stored in front of the building setback line. On vacant lots, the truck must be stored behind the required front yard setback line, as specified for principal uses;
(d)
Screening, as defined herein, shall be provided for any adjoining side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot and stores a truck on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side line for vehicular access onto an adjoining alley;
(e)
Any area used for the storage of a commercial truck shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. Proper licensure shall be maintained for the truck, and the leakage of fuels and/or lubricants into the ground shall be prevented; and
(f)
In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited.
§ 180-46.1 Short-term rental license.
[Added 11-10-2020 by Ord. No. 2020-3]
A.
Application requirements. Short-term rental license applications shall contain all of the following information:
(1)
The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.
(2)
The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person.
(3)
Floor plans for the short-term rental, including habitable floor space and total number of bedrooms.
(4)
If the building is a multiunit structure, the number of dwelling units and the number of dwelling units being used as short-term rentals.
(5)
A site plan showing the location and number of on-site parking spaces shall be provided. If not on a central sewer system, the location, approximate age and capacity of the sewage disposal system.
(6)
Copies of current Northampton County Hotel Room Excise Tax Certificate and current Pennsylvania Sales Tax license.
(7)
Signatures of both the owner and the local managing agent or local contact person.
(8)
Copy of the current recorded deed for the property establishing ownership.
B.
A short-term rental license shall be issued only to the owner of the short-term rental property.
(1)
A separate short-term rental license is required for each dwelling unit; for two-family or multifamily dwellings, a separate license shall be required for each dwelling unit being rented as a short-term rental.
(2)
A short-term rental license is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this chapter are changed, whichever shall first occur. A short-term rental license must be renewed annually, and also when any of the conditions of the short-term rental which are governed by this chapter are changed.
(3)
The owner, by making application for a short-term rental license and/or accepting issuance of a short-term rental license, grants permission for any and all inspections authorized by § 180-96.1N of this chapter.
(4)
The Township will prescribe forms and procedures for the processing of license applications under this section.
C.
In the event that a short-term rental owner receives two violation notices (relating to the specific criteria or regulations under this chapter), the Zoning Officer may terminate and revoke an existing license or deny a new license in accordance with the terms of this chapter (unless the owner appeals the violation and is found not guilty).