Limerick Township City Zoning Code
ARTICLE X
Performance Standards
§ 184-77 Intent.
It is the intent of this article to reduce or avert adverse environmental impacts caused by use and/or development of land in the Township. In addition, it is the specific intent of this article to:
A.
Provide standards to control the amount and type of open space and pervious and impervious surfaces within developments.
B.
Control the intensity of development in areas of sensitive natural resources.
C.
Minimize the adverse impacts of development on the Township's roads, air quality, water supplies and existing neighborhoods.
D.
Apply these standards to all activities in all zoning districts within the Township, except where noted in this article.
§ 184-78 Calculation of site capacity.
Land use and/or development shall be regulated by a calculation of site capacity according to the net buildable acreage concept. The applicant shall determine the net buildable acreage using the following method and submit sufficient evidence in the form of plans and data to verify the calculations:
A.
Net buildable acreage calculations:
[Amended 12-20-2011 by Ord. No. 327]
From the gross acreage of the site, subtract the following: | |||
Existing road rights-of-way | acres | ||
Ultimate rights-of-way of existing road | acres | ||
Noncontiguous land | acres | ||
100% of floodplain land | acres | ||
100% of wetlands | acres | ||
100% of ponds or lakes | acres | ||
50% of slopes from 15% to 25% | acres | ||
85% of slopes over 25% | acres | ||
50% of existing utility rights-of-way | acres | ||
The result is net buildable acreage (NBA) | acres | ||
B.
In the calculations in Subsection A above, the following shall apply:
(1)
Land separated by roads or railroads or land where the connecting link is less than 50 feet wide is noncontiguous land.
(2)
The identified floodplain area shall be determined in accordance with the provisions of the Limerick Township’s Flood Damage Prevention Ordinance.
[Amended 3-1-2016 by Ord. No. 364]
(3)
Where two or more categories overlap, the overlapping acreage shall be counted only once, using the most restrictive classification.
(4)
Utility corridors owned in fee simple by the utility shall not be counted towards the applicant's land area.
C.
Density calculations. To determine the number of units permitted on a given site, multiply the net buildable acreage by the permitted density listed in the standards for each zoning district, rounding to the nearest whole number. Density will differ within each district depending on type of development (traditional, cluster or lot averaging) and the presence of central or on-site water and sewer service.
§ 184-79 Cluster development standards.
A.
Intent. The intent of these standards is to:
(1)
Protect environmentally sensitive areas, such as floodplains, groundwater recharge areas, steep slopes, woodlands, historic features and other uniquely valuable sites.
(2)
Provide more usable and suitable open space and recreation for community residents than would normally be provided.
(3)
Provide for a more creative, flexible and efficient pattern of roads and utilities than would occur under traditional lotting.
B.
Clustering is encouraged in the R-1, R-2 and R-3 Residential Districts. The R-4 and R-5 Districts use the concepts of cluster development by providing for common open space for higher density housing.
C.
Open space. Open space in cluster developments shall meet the requirements of § 184-82 of this chapter and the following additional requirements:
[Amended 12-20-2011 by Ord. No. 327]
D.
Tract size; dimensional standards. The minimum tract size required for any cluster development is 10 acres. All dimensional standards are covered in the regulations for the R-1, R-2 and R-3 Districts.
E.
Water and sewer. All properties developed in accordance with the cluster development regulations shall be connected to public water and sewer facilities.
[Added 5-3-2005 by Ord. No. 249]
§ 184-79.1 Unified development.
[Added 9-3-1996 by Ord. No. 178]
A.
Whenever a landowner or developer undertakes the development of a single tract which is situate in multiple residential zoning districts, the owner or developer may submit plans with sufficient detail and in accordance with Subsection E demonstrating the total number of dwelling units permitted if each portion is developed according to the district in which it is situate. The Supervisors, following consideration and review by the Planning Commission, may permit development of the entire tract as one unified development and intersperse the total number of residential dwelling units throughout the entire tract so long as the bulk, ground cover and dimensional requirements of the more restrictive residential district shall be observed.
B.
The unified development concept shall not be permitted for multi-tenant or multiunit building usage.
C.
The unified development concept shall be applicable only in the R-1 and R-2 Zoning Districts.
D.
The minimum tract size for application of the unified development concept shall be 20 acres.
E.
Section 184-78, entitled "Calculation of site capacity," and the net buildable acreage concept shall be utilized to determine the total number of dwelling units permitted.
F.
Public water and sewer facilities shall be required.
§ 184-80 Lot averaging.
A.
Intent. The intent of these standards is to:
(1)
Maximize lotting flexibility while protecting environmentally sensitive areas without creation of significant common open space.
(2)
Foster the preservation of agricultural uses and retain rural character by allowing creation of large estate-type lots that are suitable for agricultural purposes.
(3)
Increase the variety and interest of single-family residential development by providing for a wide range of lot sizes.
B.
Lot averaging is encouraged in the R-1, R-2 and R-3 Residential Districts.
C.
Under lot averaging, minimum lot sizes and dimensional standards are those permitted under cluster development, while densities are the same as those permitted under traditional lotting. A minimum average lot size is required to ensure a suitable range of lot sizes. Specific dimensional standards are included in the regulations of the R-1, R-2 and R-3 Districts.
D.
All lots capable of being further subdivided shall be deed restricted against further subdivision by a deed of easement, which will designate the owner, his heirs, successors and assigns as the grantee of the easement and shall also designate Limerick Township as the third party donee beneficiary. The restrictions of the easement shall be enforceable either by the grantee, his heirs, successors and assigns or by the Township.
§ 184-81 Protected areas.
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 chapter. The landowner or developer is responsible for determining the presence of the following natural features on the site and for meeting the following standards:
A.
Floodplains. All such lands shall remain as permanent green areas. Floodplains are further regulated by the Limerick Township’s Flood Damage Prevention Ordinance.
[Amended 6-2-1998 by Ord. No. 196; 3-1-2016 by Ord. No. 364]
B.
Floodplain soils. In areas where a floodplain boundary has not been designated, floodplain soils shall remain as permanent green area.
[Amended 3-1-2016 by Ord. No. 364]
D.
Woodlands. No more than 50% of any woodland may be cleared or developed. The remaining 50% shall be maintained as permanent green area.
E.
Lakes, ponds, wetlands or watercourses. These areas shall be left as permanent open areas. No development, filling, piping or diverting of such areas shall be permitted except for required roads.
F.
Lake and pond shorelines. These areas shall, to a distance of 100 feet from the shorelines, contain no more than 10% impervious coverage. At least 90% shall remain as permanent green area.
H.
Permanent removal of topsoil. The permanent removal of topsoil from any parcel of land shall be prohibited, except as follows:
(1)
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature or ponds and lakes may be considered excess and may be removed by the owner.
(2)
During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover (at least eight inches) to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
I.
Steep Slope Conservation Overlay District.
[Added 6-18-2013 by Ord. No. 340]
(1)
Definition and establishment of Steep Slope Conservation Overlay District. The Steep Slope Conservation Overlay District is established as all those areas of the Township with a slope of 15% or more, referred to as "steep slopes" or "steep slope areas." This district may be referred to as the "Steep Slope District." This district shall not include man-made steep slope areas if the landowner can prove that the steep slope is man-made and existed before the passage of this Subsection I.
(a)
Steep Slope Map.
[1]
Areas of steep slopes shall be plotted on a map known as the "Steep Slope Map," as determined from United States Geological Survey (USGS) Maps to indicate the approximate boundaries of the Steep Slope District.
[2]
The boundaries shown on the Steep Slope Map may be supplemented or modified by boundaries determined by examination of one or more of the following sources in accordance with the provisions set forth herein:
[3]
Changes in the boundaries of the Steep Slope District shall be plotted as amendments to the Steep Slope Map when feasible.
(b)
Boundary delineation, interpretation, and appeals.
[1]
Applicants shall show the boundaries of the Steep Slope District on plans, based on one or more of the sources listed in § 184-81I(1)(a) herein. Steep slopes shall be further divided into the following two categories:
[2]
The Township Engineer shall decide whether or not the Steep Slope District has been shown with sufficient accuracy on the applicant's plans. Based on the Township Engineer's advice, the Township Zoning Officer may require applicants to revise the boundaries shown on the plans.
[3]
Any party aggrieved by the decision of the Township Zoning Officer may appeal the decision to the Zoning Hearing Board.
[4]
The burden of proving the correct boundary shall be on the appellant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.
(2)
Overlay concept. The Steep Slope District shall be an overlay on all zoning districts and shall function in accordance with the following:
(a)
For any lot or portion thereof lying within the Steep Slope District, the regulations of the overlay district shall take precedence over the regulations of the underlying district.
(b)
Should the underlying zoning of any lot or any part thereof which is located in the Steep Slope District be changed through any legislative or judicial action, such change shall have no effect on the overlaying Steep Slope District unless such change was included as part of the original application.
(c)
Should the overlaying Steep Slope District be declared inappropriate to any lot through any legislative or judicial action, such change shall have no effect on the underlying zoning district.
(d)
All uses, activities and development occurring within any Steep Slope District shall be undertaken only in strict compliance with the provisions of this article, with all federal and state laws, and with all other applicable Township codes and ordinances.
(3)
Uses permitted by right. The following open space and conservation uses are permitted as "by right," provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation, unless it's on the Limerick Township Official Map:
(a)
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
(b)
Game farm, or hunting preserve.
(c)
Forestry and reforestation in accordance with recognized natural resource and soil conservation practices.
(d)
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
(e)
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
(f)
Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.
(g)
Front, side, or rear yards, and required lot area for any district, subject to the requirements of § 184-81I(8), Development regulations, herein, and provided such yards shall not be used for any use prohibited under § 184-81I(5) herein.
(h)
Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.
(i)
Pedestrian, bicycle and other trails designed for nonmotorized use.
(4)
Uses permitted by conditional use. The following uses shall be permitted on slopes of less than 25% when authorized by the Township Board of Supervisors as conditional uses, in accordance with the conditional use standards and criteria in § 184-81I(7) herein:
(a)
Structures, roads, driveways, parking areas, construction, or other development.
(b)
Clearing of vegetation, or grading, including the addition of fill composed of earth, rock, or inorganic construction debris.
(c)
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
(d)
Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Department of Environmental Protection.
(e)
On-site sewage disposal systems, when approved by the Department of Environmental Protection.
(f)
Public utilities.
(g)
Extractive uses and borrow pits in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.
(5)
Prohibited uses. The following uses are specifically prohibited:
(b)
On slopes of 25% or more: all uses listed in § 184-81I(4)(a) through (e) and § 184-81I(5)(a) herein.
(6)
Conditional use application. For any use permitted by conditional use in the Steep Slope District, excepting uses existing as of the date of enactment of this article, an application to the Township shall be filed with the Township in accordance with the following:
(a)
For a use other than those permitted as 'by right," as stated in § 184-81I(3) herein, an application seeking approval by conditional use shall be forwarded to the Township along with any required studies, documentation, or information as set forth herein.
(b)
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the Steep Slope District boundaries and existing development within 200 feet of the proposed use, together with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than ten-foot intervals.
(c)
The applicant shall provide a suitable erosion and sediment control plan and supporting evidence for the site.
(d)
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
(e)
Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems created by the proposed activities, in compliance with the Township's sedimentation and erosion control regulations.
(f)
The following, as deemed necessary by the Township:
[1]
Typical tract cross sections at a scale of one inch equals 100 feet, or larger, and/or typical tract cross sections at a vertical and horizontal scale deemed appropriate by the Township Engineer.
[2]
Specifications of building materials and construction, including filling, grading, materials storage, water supply, and sewage disposal facilities.
(7)
Conditional use standards and criteria. In considering a conditional use application, the Township shall consider the following:
(a)
That the use is one which is permitted as a conditional use in § 184-81I(4) herein.
(b)
The design standards as set forth in Limerick Township Chapter 155, Subdivision and Land Development.
(c)
The erosion and sediment control plan submitted with the application, drawn in accordance with Limerick Township Chapter 147, Soil Erosion, Sedimentation and Grading Control, and Limerick Township Chapter 155, Subdivision and Land Development.
(d)
Abutting property shall not be adversely affected by runoff or erosion from the proposed use.
(e)
The need for a forestry woodland management plan on wooded steep slope areas.
(f)
Evidence that:
[1]
Proposed buildings or structures are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock and that the proposal will be sound from architectural, engineering, and environmental perspectives and will have no adverse impacts on the health, safety, and welfare of the community.
[2]
Proposed roads, drives, and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created.
[3]
Alternative placements on non-steep-slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities, and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Township.
[4]
Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable health regulations.
[5]
Proposed nonagricultural displacement of soil is for purposes consistent with the intent of this Subsection I and will be executed in a manner that will not cause erosion or other unstable conditions.
[6]
Surface runoff water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
(8)
Development regulations. The following regulations shall apply to all proposals within the Steep Slope District:
(a)
All setback requirements for the underlying zoning district shall be met by the proposed application for development of the site.
(b)
All structures, roads, driveways, parking areas, grading, construction, and other development, and cleaning of vegetation shall be set back a minimum of 10 feet from the boundary of the Steep Slope District, unless otherwise approved as part of a conditional use application or shown on the Limerick Township Official Map.
(c)
No building lot shall be created unless it contains sufficient buildable area with slopes less than 25%. If it is infeasible to provide this buildable area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a buildable area equal to at least 1/2 the building envelope provided by the minimum lot dimensional standards of the underlying district.
(9)
Certificate of compliance. No steep slope areas shall be occupied until a certificate of compliance and as-built plans have been submitted to the Township by a registered professional engineer and/or land surveyor, as applicable, that the construction of any buildings or other improvements or any other changes was accomplished in compliance with this Subsection I.
(10)
Limit of municipal liability. The granting of a zoning use permit or the approval of a subdivision or land development plan on or near the Steep Slope District shall not constitute a representation, guaranty, or warranty of any kind by the Township or any official or employee thereof regarding the practicability or safety of the proposed use and shall not create liability upon the Township, its officials, or its employees. Protections provided by this Subsection I are reasonable for regulatory purposes and are based on engineering and scientific studies. This subsection does not imply that areas outside the Steep Slope District are free from the adverse effects of erosion and sedimentation.
[Amended 8-15-2017 by Ord. No. 379]
(11)
Nonconforming uses or structures. Following the adoption of this article, any existing use or structure which is situated within the boundaries of the Steep Slope District and which does not conform to the permitted uses specified in § 184-81I(3) or § 184-81I(4) of this article shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. However, the Township shall enforce the standards contained in § 184-81I(7) of this article to the expansion or continuance of said nonconforming use or structure, to the extent permitted by law.
§ 184-81.1 Landscaping and buffers.
[Added 6-2-1998 by Ord. No. 196; amended 12-20-2011 by Ord. No. 327; 6-3-2025 by Ord. No. 434]
A.
Any new principal nonresidential use or any expansion of such use involving over 3,000 square feet in total building floor area shall comply with the following sections of the Township Subdivision and Land Development Ordinance,[1] regardless of whether the application would be a subdivision or a land development: §§ 155-16C, 155-27, 155-27.1, 155-27.2 and 155-27.3.
B.
Trees, shrubs or any other landscaping located in proximity to a property line which abuts a street or other public way shall be place and/or maintained to ensure mature size does not obstruct the view of approaching traffic along streets or at intersections.
C.
On a corner lot, no trees, shrubs or any other landscaping shall be placed and/or maintained to ensure mature size does not obscure the view within a clear sight triangle in accordance with AASHTO A Policy on Geometric Design of Highways and Streets for intersection sight distance.
§ 184-82 Open space.
[Amended 6-17-1997 by Ord. No. 187]
When open space is required to be permanently preserved for common benefit and use by the requirements of this chapter, the regulations of the chapter shall apply.
A.
Open space shall be so designated on the plans, and such designation shall include the category and description of the open space (as hereinafter set forth) along with the notation "Open space shall not be separately sold and shall not be further subdivided or developed."
B.
Open space categories. Open space shall be identified in accordance with the following categories, or by such other categories as the Board of Supervisors, following recommendation by the Planning Commission, shall so designate:
(1)
Active open space (OS-1). Areas so designated shall be usable for such activities as sports, ballfields, hockey fields, exercise courses, walking, biking, jogging, playgrounds and similar open air recreation activities. Open space must be fully maintained and mowed and shall not interfere with adjacent dwelling units, other buildings, parking, driveways and/or roads.
(2)
Passive open space (OS-2). Areas so designated shall be usable for such activities as picnic groves and walking paths. Open areas must be fully maintained and mowed.
(3)
Untended open space (OS-3). Areas so designated shall be left in a natural state and shall include woodlands, wetlands, lakes, ponds, streams, rivers, floodplains (as defined elsewhere in this chapter), slopes (exceeding 15% as delineated by the Montgomery County Soil Survey or by accurate contour mapping as confirmed by the Township Engineer). Walkways and nature paths may be provided. No maintenance or mowing shall be provided.
(4)
Agricultural open space (OS-4). Areas so designated shall be utilized for farming and agricultural purposes, including the keeping of animals. Maintenance shall be in accordance with standardly accepted agricultural practices and shall not be the responsibility of the Township.
(5)
Buffering open space (OS-5). Areas so designated shall be either left in a natural state as described in § 184-82B(3) above or be maintained and mowed, as the Township shall so designate. Buffering open space shall be designated along the setbacks or perimeter of the development.
(6)
Connecting/greenway open space (OS-6). Areas so designated shall connect adjacent, abutting or contiguous open space parcels by means such as walking, biking or equestrian trails for access. The operation of motorized vehicles, other than those operated for maintenance, shall not be permitted on areas so designated.
C.
Stormwater detention basins shall not be counted toward minimum open space requirements unless the basin is a preexisting natural water body such as a stream or pond.
D.
The open space shall be acceptable to and approved by the Board of Supervisors in conjunction with final plan approval. Upon consideration of a plan, the Board of Supervisors may further refine the category(ies) and description(s) of open space as applied to the particular plan.
E.
Open space design guidelines. In making determinations with respect to the issue of satisfactory preservation of open space, the Board of Supervisors may consider but not be limited by the following principles or factors:
(1)
Open space shall be consistent with the Township's Comprehensive Plan.
(2)
Wherever practicable, open space shall be designed as a continuous system of areas, interspersed among groupings of residential dwelling units.
(3)
Wherever possible, open space shall be interconnected with open space areas on abutting parcels.
(4)
Open space shall be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic and containing appropriate access improvements.
(5)
Sufficient perimeter parking shall be provided when necessary.
(7)
Open space shall include at least one contiguous area to contain not less than 30% of all required open space areas, which is generally suitable and improved for OS-1 or OS-2 uses.
(8)
Open space shall be comprised of not more than 50% floodplain and/or steep slope areas which are 15% or greater.
(9)
Open space shall be conveniently located for access by potential users.
(10)
Open space shall not be divided by crossing of public or private roads except where necessary for proper traffic circulation, upon recommendation of the Township Engineer and Planning Commission.
(11)
Fuel, power and other utility lines, whether underground or overhead, shall comprise no more than 40% of the required open space area. Furthermore, land within utility easements may be used for open space purposes only if the utility companies possessing legal rights to these easements do not prohibit their use for such purposes.
F.
Provision for ownership and maintenance of open space shall be made in a manner so as to ensure its preservation, which shall be accomplished in one of the following ways:
(1)
The developer shall offer the open space for dedication for public use and maintenance, free and clear of any conditions, liens or encumbrances if required by the Township. However, the Township need not require that the open space be dedicated nor accept a dedication of the open space if offered.
(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 the fee simple title in the open space, or a portion thereof, to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a)
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence.
(b)
The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions.
(c)
A maintenance agreement acceptable to the Township is entered into by the developer, organization and Township.
(3)
If the Township does not require dedication or permit transfer to a conservation organization as provided in Subsection F(2) hereof, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. § 3103 et seq., or the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S. § 5101 et seq. Such common open space shall be managed according to the requirements of § 184-67 of the Limerick Township Zoning Ordinance. If such an organization is created, the deeds and agreements of sale for the common open space and for all individual lots within the tract 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 or other governmental body, unless the Township has given prior 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 within the development shall agree to be bound by the provisions of Section 705(f)(1) through (6) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10705(f)(1) through (6), relating to Township maintenance of deteriorating open space and providing for the ability of the Township to assess and lien the properties within the development.
(c)
All lot owners within the development shall be required to become members of the organization and pay assessments for the maintenance of the common open space, which assessment may be increased for inflation and which may provide for professional management.
(d)
The Township may require the formation of a reserve fund to cover capital improvements to the common open space.
G.
Following acceptance of open space dedicated to the Township, upon appropriate public notice, the Board of Supervisors may hold a public hearing and, upon finding it appropriate, pass a resolution to change a category of open space applied to such lands to a less intensive category as set forth herein.
§ 184-83 Industrial standards.
All permitted uses within the Township shall comply with these standards wherever applicable:
A.
Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended, and the following standards:
(1)
Visible emissions. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 20% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 60% at any time, and shall comply with Pennsylvania Code Title 25, Chapter 127A(7), or its most recent update.
(2)
Particulate, vaporous and gaseous emissions. No person shall cause, suffer or permit the emission of fugitive particulate, vaporous or gaseous matter from any source in such a manner that the emission is visible or detectable outside the property of the person where the source is being generated.
(3)
Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR 61, or its most recent update.
(4)
Odor.
(a)
No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.
(b)
The prohibition on odors shall not apply to odor emissions arising from the premise of a farm operation.
(c)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.
B.
Noise control.
[Amended 6-2-1998 by Ord. No. 196]
(1)
No use shall generate a sound level exceeding the maximum limits established in the following table, as measured at the specified locations:
[Amended 8-15-2017 by Ord. No. 379]
Location Receiving the Noise | Hours of the Day | Maximum Sound Level in (A)Weighted Decibels | |
|---|---|---|---|
At a lot line of a residential use in a residential district or an institutional use | (1) Monday through Friday, 7:00 a.m. to 8:00 p.m. Saturday and Sunday, 8:00 a.m. to 6:00 p.m. | (1) 67 dB(A) | |
(2) Monday through Friday, 8:00 p.m. to 7:00 a.m. Saturday and Sunday, 6:00 p.m. to 8:00 a.m. | (2) 57 dB(A) | ||
At a lot line of an industrial use in an industrial district | All hours | 72 dB(A) | |
At any other lot line of a lot | All hours | 69 dB(A) |
(2)
To measure the above noise levels, a sound level meter shall be used that is capable of measuring A-weighted decibels and that should have been designed in a manner consistent with applicable standards of the American National Standards Institute or other similar standards organization.
(3)
Exemptions. The operation of tools, to include but not be limited to gas-powered lawn or garden tools or similar devices used for the purpose of mowing a golf course within Limerick Township, shall be exempt from this chapter.
[Added 8-15-2017 by Ord. No. 379]
(4)
For data center uses, it shall be demonstrated through a sound study conducted by a professional acoustical expert that the installation of one or more sound reducing materials or systems, approved by the Township professional acoustical expert, will effectively reduce the sound generated by the data center and associated DCE during normal operations and testing and maintenance operations (i.e., all standby emergency equipment, including but not limited to generators running) to a maximum daytime (7:00 AM to 8:00 PM Monday to Friday) decibel level of 67 dB(A) and a maximum nighttime (8:00 PM to 7:00 AM, Monday to Friday and all day Saturday and all day Sunday) decibel level of 57 dB(A) as measured from the property line of the data center use. Such sound study or studies shall be conducted using sound level meters described in ANSI S1.4-2014 and using generally accepted criteria. Maximum decibel level specified herein is exempt during a time of power outage conditioned that the sound study shall also evaluate and report anticipated decibel levels when all DCE is running. A sound study shall be conducted at the following phases:
[Added 11-12-2024 by Ord. No. 431]
(a)
A preliminary sound study for the data center and associated DCE shall be conducted as part of the conditional use process. The preliminary sound study shall recommend the sound reducing materials or systems to meet the aforesaid sound limits.
(b)
An interim sound study shall be conducted during the building permit process based upon the proposed user or users of the data center and associated DCE depicted on the building plans. The sound reducing materials or systems recommended by the interim sound study shall be incorporated into the construction plans for the data center.
(c)
An as-built sound study shall be conducted six months after issuance of the certificate of occupancy for any data center and associated DCE prior to the final escrow release for any data center land development phase. An as-built sound study may also be required thereafter by the Township upon request. If it is determined by the as-built sound study that there is a violation of the aforesaid sound limits, then the owner or occupant of the data center shall promptly remediate the violation into compliance with the aforesaid sound limits.
C.
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
D.
Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
E.
Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.
F.
Fire and explosive hazards. Flammable and explosive materials shall be stored, used and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
G.
Outdoor storage.
(1)
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(3)
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
H.
Waste disposal. No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the Township Sewage Enforcement Officer, as appropriate; nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
[Amended 6-2-1998 by Ord. No. 196]
I.
Electrical power. Every use shall be designed and operated so that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, shall be so constructed, installed, etc., as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed in accordance with the landscaping requirements herein.
J.
Public water service. Industrial uses shall be served by public water, where available.
§ 184-84 Traffic impact analysis.
[Amended 6-3-2025 by Ord. No. 434]
When a traffic impact analysis is required by this chapter, the standards of this section shall apply:
A.
A professional traffic engineer shall prepare the analysis.
B.
To ensure safe and reasonable access, as well as safe traffic flows on the roadways of Limerick Township, potential traffic hazards and/or congestion identified by the analysis shall be mitigated in compliance with accepted traffic engineering principles, and all proposed driveways and roadways shall function safely and efficiently based on the anticipated traffic and the type of roadway accessed; subject to approval by the Board of Supervisors, upon recommendation of the Township Engineer and Planning Commission.
C.
The traffic impact analysis shall include the following elements:
(1)
Traffic impact on all roadways, intersections and interchanges within a one-half-mile radius of the proposed access points. Additional intersections, at the direction of the Township Board of Supervisors, may also be required should site conditions warrant a further evaluation.
(2)
Description of traffic characteristics of the proposed development. The traffic impact analysis shall describe the existing and proposed vehicle, public transit, bicycle, and pedestrian characteristics.
(3)
Daily roadway volumes and intersection turning movement counts. Turning movement counts shall incorporate heavy vehicles, pedestrian and bicycle data and shall not be greater than three years old at the time of submission.
(4)
Source of trip generation rates used.
(a)
For trip generation sources other than the ITE Trip Generation Manual, documentation of those rates shall be in accordance with ITE's Trip Generation Handbook.
(5)
Origin and destination analysis of projected traffic.
(6)
The traffic impact analysis shall include an assessment of the following scenarios:
(a)
Existing Condition Analysis.
(b)
Pre-development analysis for baseline perspective.
(c)
Post-construction analysis for the opening year. Opening year should be assumed to be the last phase of construction (build-out).
[1]
Where the level service (LOS) of a movement drops compared with pre-development conditions mitigation shall be provided.
[2]
Where projected queues of the site generated traffic causes queues to exceed the existing storage bays, spills back into intersections, or blocks a proposed site driveway mitigation shall be provided.
(7)
The traffic impact analysis shall contain sight distance measurements at all proposed site access locations. The applicable intersection sight distance, stopping sight distance, and existing/measured sight distance at the access locations shall be provided in accordance with AASHTO A Policy on Geometric Design of Highways and Streets.
(8)
An auxiliary turn lane analysis, both of dedicated left turn and right turn lanes, shall be conducted for each proposed site access.
(9)
All other information, findings, conclusions and recommendations necessary to produce a complete analysis in compliance with accepted traffic engineering principles and practice.
D.
For traffic impact analysis affecting roadways maintained by PennDOT or Montgomery County, the standards of those jurisdictions for traffic impact analysis shall be followed.
§ 184-85 Community impact analysis.
When required by this chapter, the applicant shall submit a community impact analysis to identify the following:
A.
Conformance with the Comprehensive Plan of Limerick Township and compatibility with existing and proposed adjacent land uses.
B.
Impact on floodplains, wooded areas, steep slopes and other sensitive natural features, if any.
C.
Impact on public utilities, including sewage disposal, solid waste disposal, water supply, storm drainage and electric utilities.
D.
Impact on provision of police and fire protection.
E.
Impact on the school district.
F.
Impact on character of surrounding neighborhood. This section shall include a visual analysis of the development as it will appear from surrounding neighborhoods and major roads.
G.
Documentation of on-site and off-site improvements proposed to mitigate any adverse impacts on natural features, utilities and municipal services or surrounding neighborhoods.