Lower Pottsgrove Township, PA Zoning Ordinance

Greenhouses.

Roadside stands for sale of products produced on the premises in accordance with the following:

A maximum of 1,500 square feet of building floor area shall be occupied by such use.

At least three off-street parking spaces shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.

Sale of farm produces shall be conducted either from a temporary stand, dismantled at the end of the growing season, or from a permanent building, sited in compliance with all setback requirements for the zoning district in which it is located. Any temporary structure shall be set back at least 25 feet from the edge of the cartway of the adjacent road.

See sign provisions of this chapter for sign regulations.[1]

Editor's Note: See Art. XXVI, Signs.

Other agricultural buildings used for storage or preparation of products produced on the premises.

Keeping of livestock is permitted in conjunction with a principal agricultural use, provided that the following requirements are met:

No maximum number of animals shall apply if there is a ten-acre minimum lot area. If the lot area is less than 10 acres, then the requirements of § 250-21B(2) shall apply.

All feedlots and structures used for housing the animals shall be placed at a minimum of 150 feet from any ultimate right-of-way line and any lot line of any other property, unless a written waiver is provided by all owners of record of such property.

No more than two pigs shall be maintained on any lot or property held in single and separate ownership unless they are housed and confined not closer than 300 feet from the property line of the lot on which they are kept. Keeping more than 15 pigs shall require a fifty-acre minimum lot area.

A grass strip at least eight feet wide should be provided between a field and any street cartway or shoulder.

Manure storage areas shall be set back 200 feet from the following:

Any perennial stream, river, spring, lake, pond or reservoir.

Any private water well or an open sinkhole.

Any active public drinking well or water source surface intake, unless a greater distance is required by federal or state regulation.

Each property line, unless landowners within such distance execute a written waiver for the setback or unless a wider setback is established by state regulations.

A person owning or having in his/her custody livestock or poultry shall maintain the livestock or poultry so as to minimize health or safety hazards and noxious odors to persons occupying other properties and to properly control rodents and vectors, except as this provision may be preempted by the State Right to Farm Act, the State Agricultural Security Areas Act[2] or other applicable state law.

Editor's Note: See 3 P.S. § 951 et seq. and 3 P.S. § 901 et seq., respectively.

A person owning or having in his/her custody livestock or poultry shall not permit the animals to enter other property without advance permission from the owner or appropriate authority. Such lack of control of animals is hereby declared to be a nuisance and dangerous to the public health and safety.

Uses accessory to dwellings.

Private garage, private parking spaces, shelter for pets, private stable and chicken house.

Keeping of livestock or pets not in conjunction with a principal agricultural use shall meet the following requirements:

A person owning or having in his/her custody animals shall maintain them so as to minimize health or safety hazards and noxious odors to persons occupying other properties and to properly control rodents and vectors. Only animals that are domesticated and do not represent a known safety hazard to humans shall be permitted as pets.

A person owning or having in his/her custody animals shall not permit the animals to enter another property without advance permission of the owner. Such lack of control of animals is hereby declared to be a nuisance and dangerous to the public health and safety.

No fowl or animal shall be maintained without a suitable building.

No barn, stable or chicken house shall be erected other than to the rear of the principal dwelling of such lot in accordance with the minimum setback requirements for accessory uses or at a distance of not less than 20 feet from the rear and side lines and 50 feet from any dwelling, whichever shall be more restrictive.

Chicken houses shall not have an area of more than 200 square feet.

Manure storage areas shall follow the regulations of § 250-21A(4)(e) for uses accessory to agriculture.

The following maximum numbers of animals shall be kept on a lot:

A minimum lot area of two acres shall be required to keep one cow, horse, pig, hog, llama, or other similar-sized or larger animal. One additional animal of such size may be kept for each acre of lot area in excess of two acres.

A minimum lot area of one acre shall be required to keep one sheep, goat or similar-sized animal. Three additional animals of such size may be kept for each acre of lot area in excess of one acre.

A minimum lot area of 1/2 acre shall be required to keep one fowl or similar-sized animal. An average of two such animals may be kept for each additional 1/2 acre.

A maximum of four dogs, cats or similar domesticated small animals over the age of one year shall be permitted to be kept in a structure accessory to a dwelling on lots of less than two acres. The number may increase to six such animals on lots two acres or larger. A maximum of six rabbits or similar animals shall be kept in a structure accessory to a dwelling. A kennel or equestrian facility shall only be allowed where specifically permitted by the applicable district regulations.

Private greenhouses and garden sheds.

Temporary living quarters for relatives or household employees may be permitted in either in the principal dwelling or in an approved accessory building as a special exception, based on the following conditions:

Quarters are occupied by no more than two persons.

The principal dwelling shall be owner-occupied.

Applicant shall prove to the satisfaction of the Zoning Hearing Board that the unit will only be occupied by relatives or household employees of the property owner.

If the unit is attached to the structure, an internal connection shall be maintained with the principal dwelling as a means of access between the principal and accessory dwelling units, such as a stairway or corridor. Two means of access shall be available for the occupants of each dwelling unit.

If attached to the principal dwelling, any new outside entrance shall be to the rear of the building.

Owners shall establish a written deed restriction that prohibits the sale of the property as two or more dwelling units.

When the accessory unit is no longer occupied by relatives or employees of the owner:

An accessory unit attached to the principal dwelling shall be converted to be part of the living space of the principal dwelling unit;

An accessory unit occupied by the unit shall be converted to a permitted accessory use or be used for household storage; and

A detached modular unit shall be completely removed from the property.

If an on-lot septic system will be utilized, it shall be found adequate by the county health department for the expanded use. If public sewer connection is available, the Township Authority shall calculate whether additional EDUs are necessary.

Any exterior changes to the principal building to incorporate an attached accessory unit shall not decrease its appearance as a single-family detached dwelling as viewed from a street or another property. Any new detached building shall meet minimum setbacks for accessory uses and be separated from adjacent properties by substantial landscaping.

The Zoning Hearing Board may establish additional conditions as it deems necessary to ensure compatibility with neighboring properties and to make sure that the unit is only used for its permitted purposes.

The applicant shall agree to annually renew the zoning permit by proving that the unit is still occupied by relatives or employees of the owner and make the property available for Township inspection if requested.

Private swimming pool or other recreational facilities:

The pool and/or recreational facility and all filters, pumps, mechanical and other support equipment shall conform to the side and rear yard requirements for accessory uses in the district in which they are located.

Any floodlighting or other illumination used in conjunction with the pool and/or recreational facility shall be shielded and directed away from adjoining properties.

No-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include hospital clinic, animal hospital, kennel, equestrian facility, barbershop, beauty parlor, other personal service shops, tea room, hotel, bed-and-breakfast, or any similar use.

Accessory uses to dwelling permitted by special exception. Low-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

Not more than one person shall be employed by the owner of the home-based business, except that two individuals related by blood or marriage who are members of a recognized profession shall be permitted to practice together as one business, each with one employee.

The area used for the practice of a profession or for a studio shall not exceed the lesser of 600 square feet or 50% of the area of the first floor of the dwelling.

There shall be no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 7:00 a.m. and 9:00 p.m.

No external alterations or additions inconsistent with the residential use or appearance of the dwelling shall be permitted.

There shall be no more than one low-impact business in a dwelling and/or accessory building.

No goods shall be publicly displayed on the premises and no stockpiling or inventory of a substantial nature shall be kept outside the premises.

No low-impact home-based business shall be located within 500 feet of any other low-impact home-based business, measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use. This requirement shall not be imposed if the applicant establishes to the Zoning Hearing Board either that the proposed use is located in a neighborhood which is not primarily residential in character or that the proposed use will not have a substantial tendency to commercialize the neighborhood.

Signage shall comply with the sign provisions of this chapter.

No more than one business vehicle may be parked on the property on a regular basis. Any trucks, vans or business vehicles shall have loading capacities not exceeding two tons. The business vehicle shall be parked in an enclosed structure or in an area screened from view of neighboring properties and streets.

Any lot on which a low-impact home-based business is conducted or proposed shall have a minimum lot size as required in the applicable district, except the Zoning Hearing Board may require a greater minimum lot size if they determine that more acreage is required to maintain the residential character of the property and/or to provide adequate off-street parking and/or to provide adequate visual or noise buffers to neighboring residences.

Minimum setback requirements for detached buildings and structures accessory to dwelling.

Front yard: No portion of a detached building or structure accessory to a dwelling shall be permitted closer to any street than the front of the principal dwelling.

Rear yard: 20 feet minimum, except that:

If a structure has a floor area of over 600 square feet, it shall meet the minimum rear yard for a principal building.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet and has a maximum height of 12 feet shall have a minimum rear yard setback of five feet.

Preservation subdivision developments. In the case of a preservation subdivision development, the developer shall provide a minimum of 5,500 square feet per building lot.

[Added 12-1-2014 by Ord. No. 316]

Side yard.

A side yard of a detached building or structure accessory to a dwelling shall meet the minimum side yard for a principal building or the actual side yard of an existing principal building on the lot, whichever is less restrictive.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet, has a maximum height of 12 feet, shall have a minimum side yard setback of five feet.

Size limit for accessory buildings. Any detached accessory building (with the exception of agricultural buildings) which exceeds 600 square feet in area but is 1,000 square feet in area or less or exceeds 21 feet in height may be permitted by the Zoning Hearing Board as a special exception, subject to the following standards:

[Amended 12-3-2007 by Ord. No. 276; 12-6-2021 by Ord. No. 355]

The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above;

The visual impact of the building shall not be detrimental to the value of neighboring properties;

The compatibility of the building with the size and scale of the surrounding buildings shall be considered; and

The Zoning Hearing Board may place conditions on a special exception approval to ensure compatibility with neighboring properties, such as requiring additional landscaping, driveway, and/or parking improvements.

§ 250-22 Projections into required yards.

[Amended 8-21-1980 by Ord. No. 127-I; 3-23-1995 by Ord. No. 192]

No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:

An unenclosed porch not more than 14 feet in height may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the existing depth of the yard.

A terrace, platform or landing place not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the existing depth or width of the yard.

A carport may be erected over a driveway in a required side yard, provided that such structure is:

Not more than 14 feet in height and 25 feet in length.

Entirely open on at least two sides, exclusive of the necessary supporting columns and the customary architectural features.

Does not extend closer to the side lot line than a distance of 20 feet.

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.[1]

Editor's Note: Original Subsection F, which immediately followed this subsection, was repealed 12-3-2007 by Ord. No. 276.

§ 250-23 Fences and walls.

No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall which exceeds four feet in height shall contain openings therein equal to 50% or more of the area of said portion of the fence or wall.

§ 250-24 Height exception.

In all districts, chimneys, spires, towers, skylights, tanks, radio or television aerials or similar uses or structures shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.

In any residential district, the prescribed basic height limit may be exceeded by one foot for each foot by which the width of each side yard and the depth of each rear yard are increased beyond the minimum requirements up to a maximum of 10 feet.

§ 250-25 Removal of topsoil.

The continuation of adequate topsoil on the land within the Township is considered necessary for the general welfare of the Township and the future thereof. Thus, the permanent removal of topsoil from the land within the Township shall be prohibited. This prohibition shall not be construed to prohibit the owner of land in removing topsoil for the purpose of construction of a building and the regrading of the land surrounding the building following construction.

§ 250-26 Landscaping.

All trees shall be periodically pruned, sprayed or receive such care as to preserve them during their natural lifetime. Any tree or portion thereof which dies or suffers damage due to lightning shall be removed immediately where potential harm to others or property exists or otherwise shall be removed within six months. Every lot shall maintain a minimum of one tree for every 3,000 square feet of lot area. When existing trees die, others must be replanted to replace them.

§ 250-27 Conversions of residential structures.

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling or other building into a dwelling for two or more families, subject to the following requirements:

A petition in favor of such exception if filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage on the same street within 1,000 feet of the designated lot.

Each dwelling unit shall not have less than 600 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.

The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

Fire escape and outside stairways shall, when practicable, be located to the rear of the building. Outside stairways shall be enclosed. A metal fire escape shall be provided for each floor above the second leading to the ground. Each unit shall have two means of egress, both of which shall terminate in a public way or a court space leading to a public way.

The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Zoning Hearing Board may consider appropriate.

The off-street parking requirements of this chapter shall be met.

The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use.

§ 250-28 Minimum habitable floor area.

[Amended 12-3-2007 by Ord. No. 276]

No dwelling, dwelling unit or other structure designed for residential occupancy shall be constructed or occupied for residential purposes unless the same shall contain a habitable floor area of not less than 600 square feet or 200 square feet per person whichever shall be larger.[1]

Editor's Note: Original § 418, Temporary use permit, and § 419, Mobile homes and mobile home parks, which immediately followed this section, were repealed 12-3-2007 by Ord. No. 276.

§ 250-29 Public service corporations.

This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public service corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

§ 250-30 Trailers.

No lot or premises may be used for a trailer camp, and no lot or premises shall maintain an inhabited trailer for a period to exceed one month.

§ 250-31 Condominium ownership plans.

No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Unit Property Act, 68 Pa.C.S.A. § 3301 et seq.

§ 250-32 Standards for Zoning Hearing Board review of institutional uses.

In reviewing an application for a special exception to construct or modify an institutional use in any residential district, as described in this chapter, the Zoning Hearing Board shall use the following standards:

Area. The minimum lot size for an institutional use shall be two acres.

Building coverage. The total area covered by buildings shall not exceed 30% of the total lot area. The remaining area shall be used for and maintained as landscaped open space, recreational area, woodland or similar nonintensive use. No more than 20% of this remaining area may be covered by blacktop, concrete or similar impervious material for use as parking areas, walkways or vehicular accessways.

Height. The maximum height of any building shall be 45 feet, except that such height may be increased when approved by the Zoning Hearing Board for such structures as water towers, silos, chimneys, steeples and radio antenna, provided that for every foot of height in excess of 45 feet there shall be added to each yard requirement one corresponding foot of width or depth.

Yard requirements.

Width. The minimum frontage on a public road shall be 150 feet measured along the ultimate right-of-way line.

Front. The minimum depth of a front yard shall be 100 feet, measured from the ultimate right-of-way line of the street on which the building fronts.

Side. For each building there shall be two side yards of not less than 40 feet.

Rear. There shall be established for each building a rear yard of at least 40 feet.

Clustering. When, from a functional standpoint, a grouping or clustering of buildings is practical, modifications in side and rear yard requirements may be made when approved by the Zoning Hearing Board.

Required plans for Zoning Hearing Board review. The following plans shall be required before issuance of a building permit to construct or modify any institutional use in Lower Pottsgrove Township:

A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots and other constructional features on the lot, and all buildings, streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.

Architectural plans for any proposed buildings.

A description of the institutional operations, proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare or safety hazards.

Engineering and architectural plans for the treatment and disposal of sewage and the delivery of water to the site.

Any other pertinent data that the Zoning Hearing Board may require.

Nuisance controls. The institution shall make provision for control of each of the following:

Access. A planned system of efficient access, egress and internal circulation of traffic which shall interfere minimally with nearby traffic shall be required. Loading and unloading areas shall be provided where necessary.

Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare.

Solid waste disposal. A plan for weekly disposal of solid waste material shall be required. All solid waste shall be stored in covered containers. No solid waste shall be stored closer than 50 feet to any property line.

Noise. No operations creating an unreasonable amount of noise outside the property lines shall be allowed.

Review by Planning Commission. The Planning Commission shall review all plans for any institutional use, as set forth in Article XXX, § 250-229, of this chapter.

§ 250-33 Impact statement for all zoning districts.

[Amended 11-18-1976 by Ord. No. 127-E; 7-7-1997 by Ord. No. 206]

Legislative intent. It is the intent of the districts to permit development in a manner that implements the intent of the Lower Pottsgrove Township Comprehensive Plan in maintaining the present rural atmosphere. It is the further intent of the districts to carefully foster a density of development in the Township that assures development will not have an adverse impact on the Township's ability to provide adequate light and air, police protection, transportation, water, sewage, schools, public facilities, services to the residents and the favorable environmental quality of the Township.

General requirements and applicability. In all preliminary plan applications for subdivision and/or land developments and with building permit applications in which no prior impact statement has been submitted within all zoning districts of Lower Pottsgrove Township in which the property proposed for development is 10 acres or more, more than 10 residential units, or more than 10,000 square feet of nonresidential development, the Board of Commissioners of Lower Pottsgrove Township shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. The applicants shall provide all of the information, data and studies needed to allow the Board of Commissioners to reach conclusive evaluation of the areas set forth hereafter in Subsections C through M, inclusive. Governmental, recreational and educational uses that fall within the above dimensional standards and developments that fall under the above dimensional standards are not required to complete an impact statement; however, they may be required to complete a traffic study and analyze police, fire and recreation impacts as determined necessary by staff.

[Amended 12-3-2007 by Ord. No. 276[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Land use compatibility.

Objectives. The objective of the impact statement about land use compatibility is to provide the Planning Commission and Township Commissioners enough information and data to properly evaluate:

The compatibility of the proposed land use and density with existing and planned surrounding land uses and densities.

The compatibility of the proposed land use and density with the natural features and environmental constraints of the site to be developed.

Minimum contents. As a minimum, the impact statement should include the following:

Maps illustrating the proposed density and the existing, planned and zoned densities of surrounding tracts of land.

Population projections for the proposed land development and a description of the proposed land development's impact on existing projections of the Township population.

Plans indicating the distances from boundaries of the proposed land development to buildings on adjacent tracts of land.

Elevation drawings of the proposed building exteriors.

Perspectives and other drawings showing views of the proposed land development from surrounding properties.

Statements concerning the noise, air and visual pollution which the proposed land development will generate.

Illustrations, plans or other descriptions of any screening or buffering measures proposed to minimize land use incompatibilities generated by the proposed land development.

A complete analysis of the site's physical and environmental features. The site analysis shall include a base map of the site and separate overlay maps illustrating the following:

Soil characteristics.

Vegetation.

Topography.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

Transportation.

Objectives. The objective of the impact statement on transportation is to provide the Planning Commission and the Township Commissioners enough information and data to properly determine:

The impact generated by the proposed development on the Township road and street network. The impact on the entire street network (as well as on streets and roads providing immediate access) must be thoroughly evaluated.

The capital improvements to existing transportation facilities that will be needed because of additional traffic volumes generated by the proposed land development.

Minimum contents. As a minimum, the impact statement should include the following:

Existing twenty-four-hour and peak-hour traffic volume data for all roads and streets which provide direct access to the proposed land development and for the feeders, collectors and major arteries which will serve it.

Estimates of the total number of vehicle trips to be generated by the proposed land development for:

A typical twenty-four-hour period.

Typical a.m. and p.m. peak periods.

Assignment of future twenty-four-hour and peak-hour volumes to the feeders, collectors and major arteries and access streets that will serve the proposed land development based on the estimates from Subsection D(2)(b) above and estimate of normal growth in overall traffic volumes.

Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the land development.

Capacity analyses of major intersections in the Township which will be impacted by the additional volumes generated by the proposed land development.

Data about existing accident levels at these intersections categorized by accident type for each intersection.

Description of the improvements to roads, streets and intersections that will be required in order to avoid problems of traffic congestion and traffic safety that might be generated by traffic from the proposed land development.

Cost estimates of any proposed improvements that will be required.

Description of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the transportation network.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Schools.

Objective. The objective of the impact statement for schools is to provide the Planning Commission and Township Commissioners enough information and data to properly evaluate the impact that the proposed development will have on the Pottsgrove School District and to assure that adequate school facilities will be available to service the proposed land development.

Minimum contents. As a minimum, the impact statement should include the following:

Family profile for the proposed land development which includes a detailed description of the anticipated family structure.

Existing enrollment data categorized:

Grade by grade for the entire school district.

Grade by grade for each school likely to serve the proposed land development.

By type of school (i.e., elementary, intermediate, high school, etc.) for the entire school district.

Capacity data categorized by type of school for the entire school district and capacity data for each individual school facility likely to serve the proposed land development.

School district projections of estimated enrollments grade by grade and school by school for each of the next six years.

Grade-by-grade estimates of the number of school enrollments to be generated by the proposed land development in each of the next six years. The source of per-unit statistics and the methodology used to project estimates should be clearly described.

A comparison of school district projections [Subsection E(2)(d) above] with increases in enrollments to be generated by the proposed land development [Subsection E(2)(e) above] and a statement about whether or not the current projections of the school district seem to take into account the enrollment growth to be generated by the proposed land development.

Descriptions of any expansion plans that the school district may have.

Comparisons of existing and planned capacities with the growth in enrollments estimated for the proposed land development.

A description of any new school facilities that will be needed to serve the enrollment growth generated by the proposed land development.

Data about how schoolchildren living in the proposed land development will be transported to school. Among the issues of concern are:

Will additional buses be needed?

Will adequate pedestrian facilities be available if children must walk to nearby school sites?

Estimates of day-care and/or nursery school facilities that may be needed to service the proposed land development.

(l)

Descriptions of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the school district and school facilities.

(m)

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Commercial facilities.

Objectives. The objective of the impact statement on commercial facilities is to provide the Planning Commission and Township Commissioners with enough information and data to evaluate the impact of the proposed land development on commercial facilities and to assure that a serious imbalance of residential and commercial land uses will not be created.

Minimum content. The impact statement should contain consumer expenditure estimates, statistics and calculations as follows:

Estimates of demand levels that will be generated by the proposed land development for commercial activities of the following types.

Grocery shopping facilities.

Other retail shopping facilities.

Commercial services.

Service stations.

Eating establishments.

Descriptions of the amounts of these services currently available in the Township or in nearby areas.

Analysis of how the estimated demand for the commercial services will be met, including the impact on the commercial aspects of the Township's Comprehensive Plan and estimates of the amounts of new commercial construction that will be generated by the proposed land development.

Economy.

Objective. The objective of the impact statement on economy is to provide the Township Planning Commission and Township Commissioners with enough information and data to adequately evaluate the relationships between the proposed land development and the economy of the Township and the greater Pottstown area and to determine and evaluate the impact of the proposed land development on the economy of the Township and area.

Minimum contents. As a minimum, the impact statement on economy should contain:

A statement concerning the reason the applicant has chosen Lower Pottsgrove for the location of the proposed land development.

Data about the size and characteristics of the labor force in the Township and greater Pottstown area.

Estimates of the size and characteristics of the labor force that will live in the proposed land development.

Analysis of employment locations for the labor force that will live in the proposed land development, i.e., of where the labor force will work.

Estimates of the number and types of new jobs that will be directly generated by the proposed land development.

Data about the classification of family incomes in the Township and greater Pottstown area and an analysis of the impact of the proposed land development on family incomes.

Data about the Township and greater Pottstown area housing supply, including data about owner-renter composition, rental levels and values of housing units and an analysis of the impact of the proposed land development on the housing supply.

A statement or analysis concerning the relationship between the proposed land development and the demand for new housing in the greater Pottstown area.

Text or other written material relating the above data and information to the aforementioned objectives.

Community facilities.

Objectives. The objective of the impact statement on community facilities is to provide the Township Planning Commission and the Township Commissioners with enough information and data to permit them to evaluate the impact that the proposed land development will have on community facilities and to assure that adequate community facilities are available to serve the residents of the proposed land development.

Minimum content. As a minimum, the impact statement should provide:

A full description of how water service will be provided to the proposed land development, including descriptions of new system-wide improvements that will be required to service the land development and the estimated cost of providing such improvements.

Description of the impact of servicing the proposed land development on the system's surplus capacity; water pressures throughout the system; increased maintenance needs; and customer service rates.

A full description of how sewer service will be provided to the proposed land development including descriptions of new, system-wide improvements that will be required to service the land development and the estimated cost of providing such improvements.

Description of the impact of servicing the proposed land development on the capacity of treatment facilities, the capacities of major collector pipes and pumping stations, increased maintenance needs and customer service rates.

Preliminary plans illustrating the proposed provisions for storm drainage.

A stormwater runoff analysis comparing the runoff from the site in its existing, natural state to the runoff from the developed site. The one-hundred-year storm should be used for the comparison and hydrography for twenty-four-hour, twelve-hour, six-hour and three-hour duration of the storm should be prepared. The runoff analysis should also describe any external runoff that passes through the site and determine the impact of the proposed storm drainage improvements on external runoff for the same storm intensities.

Documentation from utility companies regarding the availability of electric and gas services.

A description of the medical facilities which will be required compared with those services that will be available to the residents of the proposed land development.

A description of the library facilities that will be available to the residents of the proposed land development.

A description of any measures offered by the applicant to offset any adverse impacts on community facilities.

Text or other written material relating the above data and information to the aforementioned objectives.

Police and fire.

Objectives. To provide the Township Planning Commission and Township Commissioners with adequate information and data for the Township to determine:

Adequate fire and police protection can be provided to the residents of the proposed land development.

Police and fire protection services will not be overburdened.

The extent of capital improvements or increases in services that will be needed to adequately service the proposed land development.

Minimum contents. As a minimum, the impact statement shall include:

Estimated number of crimes against property (thefts, vandalism, etc.) which can be expected as a result of the proposed land development and resultant number of additional police calls expected (based on proportion of crimes normally reported).

Description of any internal security measures which will be provided to the proposed land development.

Estimate of new personnel which will be needed to serve the land development (including source of standards used to derive estimates).

Estimated number of fires per year in proposed land development.

Description of the present equipment's capability to handle the additional load which will result from the proposed land development. The impact on the availability and type of existing police, fire and other emergency equipment should be considered.

Adequacy of existing equipment to handle additional load (police, fire and other emergency equipment) and what deficiencies will result from new development. (Will the amount and type of present equipment be adequate?)

Any contributions the developer intends to make to alleviate manpower and equipment shortages.

Adequacy of Township fire codes and description of additional inspection responsibilities that will be generated by proposed land development.

Description of water system's ability to provide adequate fire protection, including data about pressures and durations.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Recreation.

Objective. The objective of the impact statement concerning recreation is to provide sufficient information and data for the Planning Commission and the Township Commissioners to adequately evaluate:

The demand for recreational facilities which the proposed project will generate and determine whether adequate such facilities exist or are planned.

The extent or scope of any new facilities and services that will be required as a result of the proposed land development.

Minimum content. As a minimum, the impact statement should include the following:

A description of the projected age breakdown of residents.

Description of any recreation facilities to be provided by the developer.

A description of who the responsible party(ies) will be for maintenance of any recreation facilities to be provided by the developer.

Description of existing municipal recreation facilities and the impact of proposed land development on these facilities. Accepted standards for required recreation shall be used as a measure of impact. (A source for current standards applicable to the Township which may be consulted is the Draft Resource Protection Plan published by MCPC, the section concerning "Outdoor Recreation.")

Discussion of potential for any recreational facilities to be provided by the developer to compensate for any anticipated deficiencies of the Township's recreational facilities.

Description of accessibility of developer-proposed facilities to general Township residents.

Description of any contributions the developer plans to make for Township recreation to compensate for expected impacts.

Written text to supplement and interpret the information and data presented in terms of the aforementioned objectives.

Cost-revenue analysis.

Objective. The objective of the portion of the impact statement requiring a cost-revenue analysis is to provide the Planning Commission, Township Commissioners and Pottsgrove School District sufficient information to determine what the net cost to the Township and school district will be in furnishing necessary services and facilities to the proposed land development. (Net cost is defined as the difference, whether deficiency or surplus, between government expenditures required by the proposed land development and revenues it will generate.) If net cost deficiency exists, the cost burden must be borne by the developer.

Minimum content. As a minimum, the impact statement shall include the following:

A list of all services which will be supplied to the proposed land development by the Township, joint agencies or authorities which supply services to the Township and school district.

A description of the total additional annual cost for each service. Documentation should include the method for estimating all such costs.

A list of all new capital facilities which will be required as a result of the proposed land development, as well as the annual costs for providing each. The cost or portion thereof for any facility to which the developer will make a contribution should not be included. It should be clearly documented which facilities would be required of the Township, of joint agencies or authorities, or of the school district.

A list categorized by revenue source of the total estimated revenue to be generated by the proposed land development. Those which will go to the Township should be clearly differentiated from those which will go to the school district. Documentation should include the method for estimating the amount expected for each source of revenue.

Analysis and comparison to determine whether providing services and facilities to the proposed land development will represent a financial surplus or deficiency for:

The Township.

The school district.

Joint agencies or authorities.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

Organization of statement. The impact statement should be one written document. Necessary maps, charts, etc., should be labeled as consecutively numbered exhibits and properly referenced throughout the text of the written document. The statement should be written in a manner and style that clearly focus the information, date and analyses on the issues and objectives described above. The sources of all data should be appropriately documented.

Conducting of survey statement. The survey shall be conducted by a professional planning agency which is in good standing as a Pennsylvania-registered landscape architect or a certified planner by the Commonwealth of Pennsylvania (DCA). The cost of the study shall be the responsibility of the developer.

§ 250-34 Steep slope conservation provisions.

[Amended 6-25-1981 by Ord. No. 127-K; 10-5-1992 by Ord. No. 127-R; 7-7-1997 by Ord. No. 206]

Declaration of legislative intent. In expansion of the statement of community development objectives found in Article I, § 250-5, of this chapter, the specific intent of the SS Steep Slope Conservation District shall be to conserve and protect those areas having steep slopes, as defined herein, from inappropriate development and excessive grading, as well as to permit and encourage the use of said areas for open space purposes so as to constitute a harmonious aspect of the continuous physical development of Lower Pottsgrove Township. In implementing these principles and the general purposes of this chapter, the following specific objectives are intended to be accomplished by the adoption of the steep slope conservation provisions:

To combine with other zoning requirements, as an overlay, certain restrictions for steep slope areas to promote the general health, safety and welfare of the residents of Lower Pottsgrove Township.

To prevent inappropriate development of steep slope areas in order to avoid potential dangers from human usage caused by erosion, stream siltation, soil failure, leading to structural collapse or damage and/or unsanitary conditions and associated hazards.

To minimize danger to public health and safety by promoting safe and sanitary drainage.

To relate the intensity of development to the steepness of terrain in order to minimize grading, the removal of vegetation, runoff and erosion and to help ensure the utilization of land in accordance with its natural capabilities to support development.

To permit only those uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting the grading of steep slope areas.

To promote the ecological balance among those natural system elements (such as wildlife, vegetation and aquatic life) that could be adversely affected by inappropriate development of steep slope areas.

To prevent development that would cause excessive erosion and a resultant reduction in the water-carrying capacity of the watercourses which flow through or around the Township with the consequences of increased flood hazards within the Township and to both up-river and down-river municipalities.

To protect individuals and adjacent landowners in the Township and/or other municipalities from the possible harmful effects of inappropriate grading and development on steep slope areas.

To protect those individuals who choose, despite the cited dangers, to develop or occupy land with steep slopes; to protect residents from property damage and personal injury due to runoff and erosion and landslides attributable to nearby development on steeply sloping land.

To protect the entire Township from inappropriate development of steep slope areas which could have an effect upon subsequent expenditures for public works and disaster relief and thus adversely affect the economic well-being of the Township.

To promote the provision of safe and reliable accessways, parking areas and utility systems serving development on or around steep slope areas where more sensitive grading and siting is essential.

(12)

To assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically Chapter 102, "Erosion Control," of the Clean Streams Law, P.L. 1987, and any subsequent amendments thereto as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.

Steep slope conservation provisions. The steep slope conservation provisions shall be deemed to apply in any zoning district(s) now or hereafter enacted to regulate the use of land in Lower Pottsgrove Township.

The steep slope conservation provisions shall have no effect on the permitted uses in the underlying zoning district except where said uses are intended to be located within the boundaries of the steep slope conservation provisions, as defined and regulated herein.

In those areas of Lower Pottsgrove Township where the steep slope conservation provisions apply, the requirements of the steep slope conservation provisions shall supersede the requirements of the underlying zoning district(s).

Should the steep slope conservation provisions boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.

Should the zoning classification(s) of any parcel or any part thereof on which the steep slope conservation provisions apply be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the steep slope conservation provisions unless an amendment to said boundaries was included as a part of the proceedings from which the subsequent change(s) originated.

Boundary interpretation and appeals procedure. An initial determination as to whether or not the steep slope conservation provisions apply to a given parcel shall be made by the Zoning Officer in conjunction with the Township Engineer.

Any party aggrieved by the decision of the Zoning Officer and Township Engineer, either because of an interpretation of the exact location of the steep slope boundary or because the criteria used in delineating the boundary, as set forth in Subsection E herein, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article XXX of this chapter.

The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant.

Conservation uses permitted throughout the steep slope provisions. The following uses shall be permitted in the steep slope provisions without the submission of an erosion and sediment control plan and without further steep slope regulations:

Wildlife sanctuary, woodland preserve, arboretum and passive recreation areas, including parks but excluding enclosed structures.

Game farm or hunting preserve for the protection and propagation of wildlife but excluding enclosed structures.

Forestry and reforestation in accordance with recognized soil conservation practices.

Pasture and controlled grazing of animals in accordance with recognized soil conservation practices.

Recreational uses, such as parks with such activities as hiking, bicycle and bridle trails, camps, picnic areas but excluding enclosed structures.

Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized soil conservation practices.

Nonstructural accessory uses (except swimming pools) necessary for the operation and maintenance of the above permitted uses.

Similar uses to the above which are in compliance with the intent of this chapter.

Application of regulations for steep slopes. The requirements of all zoning districts shall be modified in accordance with the provisions of this section on all land having a slope of 15% or more as delineated on the survey of the USGS and the Montgomery County Soil and Conservation Survey (in case of any disputes, a field survey will have to be conducted by the developer) and shown by the applicant on a plan which meets the requirements of a preliminary plan as specified in the Lower Pottsgrove Township Subdivision and Land Development Ordinance (Chapter 215).

No slopes in excess of 25% shall be built on without a conditional use, approved by the Board of Commissioners of Lower Pottsgrove Township.

The following shall be considered by the Board of Commissioners in granting a conditional use, if applicable.

A conditional use will only be granted if development off the steep slope area is infeasible.

The building located on the steep slope must be designed to accommodate the slope and not require extensive grading.

The development of the site will conform to a master plan prepared by the applicant that shows the development of the entire site.

The existing vegetation on the site will be retained to the greatest extent possible.

Access drives will not be permitted in steep slope areas if an alternative location is available, at the determination of the Township Engineer.

The following plans must be submitted for review to the Township Engineer:

A plan of the property which indicates existing grades with contour lines at five-foot maximum intervals and proposed grades within the area of any proposed activity, disturbance or construction. All areas of prohibitive and/or precautionary slope shall be shaded accordingly.

A site plan indicating existing and proposed structures, other impervious coverage, storm drainage facilities and retaining walls. The site plan also shall locate and identify existing vegetative and ground cover within areas of steep slopes, as well as proposed landscaping material to be installed.

[Amended 4-5-2021 by Ord. No. 353]

Plan, profile and typical cross sections of any proposed street, emergency access or driveway.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AVERAGE SLOPE

The slope of land determined according to the following formula:

S = 0.0023/A x I x L
Where
	S	is the average slope in percent
	I	is the contour interval in feet as established by on-site contour survey by a licensed registered surveyor/engineer
	L	is the combined length in contour lines in feet
	A	is the area in acres of the parcel being considered

CONDITIONAL USE(S)

Those use(s) as authorized by specific written approval of the Board of Commissioners on prior application submitted in writing by the applicant.[1]

SLOPE

Existing natural grade over rise and defined in feet. For the purpose of identifying limits of steep slope areas, a minimum contour interval of five feet shall be used.

Editor's Note: The former definition of "impervious surface," which immediately followed this definition, was repealed 4-5-2021 by Ord. No. 353. See now § 250-8.

Steep slope regulations for residential uses. In every residential use, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Every lot hereafter created by subdivision having an average slope of at least 15% shall have a net area which meets the minimum lot area of the underlying district. The net area shall not include areas of slope greater than 25%, floodplains or wetlands. The resulting gross lot area must be at least 1.5 times the required lot area of the underlying district.

Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site should be given to the protection of:

The steepest areas of precautionary slope, i.e., those approaching 25%.

Soils with seasonal high-water table.

Underlying geology which comprises or contributes to a major groundwater resource, including the flow of existing springs.

Disturbance shall be minimized where the length or area of steep slope, both on the site and on adjacent lands within 200 feet of the site, is extensive.

The proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.

Removal of or disturbance to existing vegetation on the site shall be minimized. The proposed impact on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape and existing drainage patterns. Mitigation measures may be required by the Township as it deems appropriate.

Important visual qualities of the site shall, to the maximum extent feasible, be retained; in addition to vegetation, these may include hilltops or ridgelines, rock outcroppings and the natural terrain and contours of the site.

Road construction shall follow the natural topography with cuts and grading minimized.

Innovative, imaginative building techniques that are well suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.

Before a building permit is issued for any construction or land disturbance activity on land within or affecting the Steep Slope Conservation District, the following material, in full or in pertinent parts, may be required for review and comment by the Township:

Plans and profiles as required per Subsection E(2) herein.

Architectural plans, elevations and sections.

A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preservation of the natural watersheds, prevention of soil erosion, and prevention of impermissible water runoff to neighboring properties and/or streets.

[Amended 4-5-2021 by Ord. No. 3530

A statement signed by the owner or future occupant at the time of building permit application that there is a full understanding of any difficulties associated with access stemming from steep slopes.

Steep slope regulations for nonresidential uses. In every nonresidential use, other than those permitted in Subsection D, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Any lot having a slope in excess of 15% may only be developed by granting of a conditional use approval by the Board of Commissioners of Lower Pottsgrove Township.

Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this section, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by Subsection D shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located, without consideration of Subsections A through J, inclusive. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XXIX of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in Subsection G are applied to the expansion or continuance of said nonconforming use or structure.

Municipal liability. The granting of a zoning permit or approval of a subdivision or land development plan on or near the Steep Slope Conservation District shall not constitute a representation, guarantee or warranty of any kind by the Township of Lower Pottsgrove or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon Lower Pottsgrove Township, its officers or employees. The degree of erosion and sediment control protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.

§ 250-35 Regulations for cellular communications antennas.

[Added 12-16-1996 by Ord. No. 203; 7-7-1997 by Ord. No. 206]

In recognition of the quasi-public nature of cellular communications systems, the following regulations shall apply:

Purpose.

To accommodate the need for cellular communications antennas while regulating their location and number in the Township.

To minimize adverse visual effects of cellular communications antennas and antenna support structures through proper design, siting and vegetative screening.

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice through engineering and proper siting of antenna support structures.

To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.

Use regulations.

A cell site with antenna that is attached to an existing communications tower, smokestack, water tower or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted or, an existing structure, a full site plan shall not be required.

A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted by special exception in all zoning districts.

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.

Standards for approval of special exceptions.

The cellular communications company and/or applicant is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's and/or applicant's grid system.

If the cellular communications company and/or applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of the tall structures within a 1/4 mile radius from the proposed site, requested permission to install the antenna on those structures, and was denied for reasons other than economic reasons. Tall structures include, but are not limited to, smokestacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The Zoning Officer may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

Standards for approval of all cellular communications antennas.

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

Thirty percent of antenna height.

The minimum setback of the underlying zoning district.

Forty feet.

Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be affected negatively by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structure shall be fitted with anticlimbing devices, as approved by the manufacturers.

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be between six and eight feet in height, and shall otherwise comply with the height regulations set forth in § 250-23, Fences and walls, of this chapter.

Landscaping. Landscaping shall be required to screen as much of the support structure as possible. Screening should be planted near the fence surrounding the support structure and any other ground-level features (such as a building) and, in general, to soften the appearance of the cell site. The landscape screening shall comply with § 250-26, Landscaping, of this chapter and Chapter 215, Subdivision and Land Development, Article X, Landscape regulations, of this Code of the Township of Lower Pottsgrove.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communications companies and the local police, fire and ambulance companies.

The cellular communications company and/or other applicant must demonstrate that it is licensed by the Federal Communications Commission and that it is in compliance with any requirements of the Federal Aviation Administration and the Airport Overlay Zoning District requirements of this chapter.

Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift.

Antenna support structures under 200 feet in height shall be painted silver or shall have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller or those near airports shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted, except when required by the Federal Aviation Administration.

A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required by the Subdivision and Land Development Ordinance (Chapter 215). The site plan shall not be required if the antenna is to be mounted onto an existing structure.

The applicant shall be required to assure removal of the tower and support structure if use of the tower is discontinued.

§ 250-36 Exterior lighting regulations and standards for all zoning districts.

[Added 6-3-2002 by Ord. No. 233]

Declaration of legislative intent. In expansion of the declaration of legislative intent contained in § 250-3 of this chapter and the community development objectives contained in § 250-5 of this chapter, it is hereby declared to be the intent of this section to require and establish a minimum criteria for the installation, use and maintenance of exterior lighting in Lower Pottsgrove Township, the purposes of which are the following:

Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources that shine in their eyes and thereby impair safe traverse.

Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.

Protect and retain the rural character of Lower Pottsgrove Township.

Applicability.

Exterior lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and traverse, including, but not limited to, the following uses: multifamily residential, commercial, industrial, public-recreational and institutional.

The Lower Pottsgrove Board of Commissioners may require that lighting be incorporated for other uses or locations, as it deems necessary.

The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, and residential lighting.

All business, residential and community driveway, sidewalk and property luminaries should be installed with the idea of being a "good neighbor" with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise and shall supersede any other definition within this section in regards to this subject.

DIRECT LIGHT

Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

FIXTURE

The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.

FLOODLIGHT or SPOTLIGHT

Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

FOOTCANDLE

A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter; aka, footcandle or light meter.

FULLY SHIELDED LIGHTS

Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.

GLARE

The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.

HEIGHT OF LUMINAIRE

The height of a luminaire shall be the vertical distance from the ground directly above the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

ILLUMINANCE

The quantity of light measured in footcandles or lux.

INDIRECT LIGHT

Direct light that has been reflected or has scattered off of other surfaces.

LAMP

The component of a luminaire that produces the actual light.

LIGHT TRESPASS

The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LUMEN

Measure of brightness of the illumination exiting a bulb.

LUMINAIRE

This is a complete lighting system and includes a lamp or lamps and a fixture.

OUTDOOR LIGHTING

The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Criteria.

Illumination levels.

Lighting where required by this section shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook.

Future amendments to said recommended practices shall become a part of this section without further action of the Township.

Examples of intensities for typical outdoor applications, as extracted from the eighth edition of the Lighting Handbook, are presented below.

Use/Task		Maintained Footcandles¹	Uniformity (Average: Minimum)²
Streets, local residential		0.4 average	6:1
Streets, local commercial		0.9 average	6:1
Parking, residential, multifamily
	Low vehicular/pedestrian activity	0.2 minimum	4:1
	Medium vehicular/pedestrian activity	0.6 minimum	4:1
Parking, industrial/ commercial/ institutional/ municipal
	High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural events	0.9 minimum	4:1
	Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 minimum	4:1
	Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 minimum	4:1
Walkways and bikeways		0.5 average	5:1
Building entrances		5.0 average	—

	NOTES:
	¹	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
	²	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio; e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).

Lighting fixture design.

Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Planning Commission for recommendation to the Board of Commissioners for approval during preliminary land development review.

For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA cutoff criteria (not have more than 2.5% of their light output emitted above 90° at any lateral angle around the fixture).

The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA cutoff criteria shall be permitted only with the approval of the Board of Commissioners, based upon acceptable glare control.

Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.

Control of nuisance and disabling glare.

All outdoor lighting, whether or not required by this section, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse, i.e., disabling glare, and so as not to present a hazard to drivers or pedestrians or a nuisance glare concern to neighboring properties.

Directional fixtures such as floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

Unless otherwise permitted by the Board of Commissioners, and except for uses that operate 24 hours a day, lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells to permit extinguishing offending sources between 11:00 p.m. and dawn, to mitigate nuisance glare and sky-lighting consequences.

[Amended 1-3-2022 by Ord. No. 356]

Except for uses that operate 24 hours a day, where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this section for the use.

[Amended 1-3-2022 by Ord. No. 356]

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.

Externally illuminated billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward.

[Amended 12-3-2007 by Ord. No. 276]

Fixtures meeting IESNA cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA cutoff criteria shall not be mounted in excess of 16 feet above grade, except as specifically approved by the Board of Commissioners.

Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.

Canopy lighting shall be of the recessed type, except if otherwise allowed by the Board of Commissioners during preliminary land development review.

Installation.

Lighting fixtures shall not be mounted in excess of 20 feet above grade.

Electrical feeds for lighting standards shall be run underground not overhead.

Lighting standards in parking areas shall be placed a minimum of five feet outside paved area or on concrete pedestals at least 30 inches high above the pavement or suitably protected by other approved means.

Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Residential development fixture placement.

Streetlighting fixtures in residential developments shall be placed at the following locations unless otherwise determined by the Board of Commissioners:

At the intersection of pubic roads with entrance roads to the proposed development.

Intersections involving proposed public or nonpublic major thoroughfare roads within the proposed development.

At the apex of the curve of any major thoroughfare road, public or nonpublic, within the proposed development, having a minimum of three-hundred-foot horizontal curve.

Cul-de-sac bulb radii.

Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 miles per hour or greater.

Plan submission. Lighting plans submitted to the municipality for review and approval shall include a layout of the proposed fixture locations; isofootcandle plots that demonstrate adequate intensities and uniformity; and manufacturer's catalog cuts that present a description of the equipment, including glare-reduction devices, lamps, switching devices, mounting heights and mounting methods proposed. All proposed land development plans filed in conformance with the Lower Pottsgrove Township Subdivision and Land Development Ordinance (Chapter 215) shall, at the time of preliminary plan submittal, include lighting plans indicating proposed placement of all lighting fixtures incorporated with the above-referenced specifications. The lighting plans shall also provide an engineering detail of fixtures, manufacturer, model and installation of same. All lighting plans shall be reviewed and certified thereon by a professionally certified engineer.

Post-installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this section and, if appropriate, to require remedial action at no expense to the Township, including, but not limited to, reimbursement to the Township by the landowner for the Township's inspection costs and equipment to conduct said inspection.

Compliance monitoring.

Safety hazards.

If the Township judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

If appropriate corrective action has not been effected within 30 days of notification, the Township may levy a fine for as long as the hazard continues to exist.

Nuisance glare and inadequate illumination levels.

When the Township judges that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this section, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

If the infraction so warrants, the Township may act to have the problem corrected as in § 250-36H(1)(b) above.

[Amended 12-3-2007 by Ord. No. 276]

Streetlight dedication.

When streetlighting is to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections from the date the first dwelling is occupied until the date the street is accepted for dedication.

Upon dedication of public roads, the Township shall assess the homeowners' association, individual property owners or corporations, as may be necessary, to collect all revenues required which are directly or indirectly associated with all costs of each specific streetlighting fixture. These costs include:

Administration.

Collection.

Proration of nonpayables.

Actual utility electrical charges.

Maintenance and maintenance contracts for maintenance of fixtures and associated equipment.

Prior to dedication, and in the event of the formation of a homeowners' association and/or property maintenance declaration, the Township shall require said agency to enter into an agreement guaranteeing the Township payment of all costs associated with streetlighting.

Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this section that does not conform with the requirements of this section shall be considered as a lawful nonconforming lighting fixture, subject to the following:

A nonconforming lighting fixture shall be made to comply with the requirements of this section when such fixture is replaced, relocated or repaired.

Lower Pottsgrove Township
City Zoning Code

ARTICLE IV

General Regulations

§ 250-13 Applicability.

[Amended 12-3-2007 by Ord. No. 276]

For the purposes of this chapter, the following regulations shall govern each and every district.

§ 250-14 Lots of record; special exception use.

§ 250-15 Reduction of lot area.

No lot shall be so reduced that the area of the lot or the dimensions of the required lines not connected to a sewage disposal plant shall not be considered as being served with public sewer.

§ 250-16 Subdivision plan of lots of record.

§ 250-17 Modification of front yard requirements.

§ 250-18 Obstructions to vision at intersections prohibited.

§ 250-19 Access to public street.

§ 250-20 Existing interior lots.

§ 250-21 Accessory uses.

[Amended 5-25-2000 by Ord. No. 218; 12-3-2007 by Ord. No. 276]

Accessory uses authorized in this chapter shall include, but not by way of limitation, the following:

Uses accessory to agriculture.

Greenhouses.

Roadside stands for sale of products produced on the premises in accordance with the following:

A maximum of 1,500 square feet of building floor area shall be occupied by such use.

See sign provisions of this chapter for sign regulations.[1]

Editor's Note: See Art. XXVI, Signs.

Other agricultural buildings used for storage or preparation of products produced on the premises.

Keeping of livestock is permitted in conjunction with a principal agricultural use, provided that the following requirements are met:

No maximum number of animals shall apply if there is a ten-acre minimum lot area. If the lot area is less than 10 acres, then the requirements of § 250-21B(2) shall apply.

A grass strip at least eight feet wide should be provided between a field and any street cartway or shoulder.

Manure storage areas shall be set back 200 feet from the following:

Any perennial stream, river, spring, lake, pond or reservoir.

Any private water well or an open sinkhole.

Any active public drinking well or water source surface intake, unless a greater distance is required by federal or state regulation.

Each property line, unless landowners within such distance execute a written waiver for the setback or unless a wider setback is established by state regulations.

Editor's Note: See 3 P.S. § 951 et seq. and 3 P.S. § 901 et seq., respectively.

Uses accessory to dwellings.

Private garage, private parking spaces, shelter for pets, private stable and chicken house.

Keeping of livestock or pets not in conjunction with a principal agricultural use shall meet the following requirements:

No fowl or animal shall be maintained without a suitable building.

Chicken houses shall not have an area of more than 200 square feet.

Manure storage areas shall follow the regulations of § 250-21A(4)(e) for uses accessory to agriculture.

The following maximum numbers of animals shall be kept on a lot:

A minimum lot area of one acre shall be required to keep one sheep, goat or similar-sized animal. Three additional animals of such size may be kept for each acre of lot area in excess of one acre.

A minimum lot area of 1/2 acre shall be required to keep one fowl or similar-sized animal. An average of two such animals may be kept for each additional 1/2 acre.

Private greenhouses and garden sheds.

Quarters are occupied by no more than two persons.

The principal dwelling shall be owner-occupied.

Applicant shall prove to the satisfaction of the Zoning Hearing Board that the unit will only be occupied by relatives or household employees of the property owner.

If attached to the principal dwelling, any new outside entrance shall be to the rear of the building.

Owners shall establish a written deed restriction that prohibits the sale of the property as two or more dwelling units.

When the accessory unit is no longer occupied by relatives or employees of the owner:

An accessory unit attached to the principal dwelling shall be converted to be part of the living space of the principal dwelling unit;

An accessory unit occupied by the unit shall be converted to a permitted accessory use or be used for household storage; and

A detached modular unit shall be completely removed from the property.

Private swimming pool or other recreational facilities:

Any floodlighting or other illumination used in conjunction with the pool and/or recreational facility shall be shielded and directed away from adjoining properties.

No-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Accessory uses to dwelling permitted by special exception. Low-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

The area used for the practice of a profession or for a studio shall not exceed the lesser of 600 square feet or 50% of the area of the first floor of the dwelling.

There shall be no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 7:00 a.m. and 9:00 p.m.

No external alterations or additions inconsistent with the residential use or appearance of the dwelling shall be permitted.

There shall be no more than one low-impact business in a dwelling and/or accessory building.

No goods shall be publicly displayed on the premises and no stockpiling or inventory of a substantial nature shall be kept outside the premises.

Signage shall comply with the sign provisions of this chapter.

Minimum setback requirements for detached buildings and structures accessory to dwelling.

Front yard: No portion of a detached building or structure accessory to a dwelling shall be permitted closer to any street than the front of the principal dwelling.

Rear yard: 20 feet minimum, except that:

If a structure has a floor area of over 600 square feet, it shall meet the minimum rear yard for a principal building.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet and has a maximum height of 12 feet shall have a minimum rear yard setback of five feet.

Preservation subdivision developments. In the case of a preservation subdivision development, the developer shall provide a minimum of 5,500 square feet per building lot.

[Added 12-1-2014 by Ord. No. 316]

Side yard.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet, has a maximum height of 12 feet, shall have a minimum side yard setback of five feet.

[Amended 12-3-2007 by Ord. No. 276; 12-6-2021 by Ord. No. 355]

The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above;

The visual impact of the building shall not be detrimental to the value of neighboring properties;

The compatibility of the building with the size and scale of the surrounding buildings shall be considered; and

§ 250-22 Projections into required yards.

[Amended 8-21-1980 by Ord. No. 127-I; 3-23-1995 by Ord. No. 192]

No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:

A carport may be erected over a driveway in a required side yard, provided that such structure is:

Not more than 14 feet in height and 25 feet in length.

Entirely open on at least two sides, exclusive of the necessary supporting columns and the customary architectural features.

Does not extend closer to the side lot line than a distance of 20 feet.

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.[1]

Editor's Note: Original Subsection F, which immediately followed this subsection, was repealed 12-3-2007 by Ord. No. 276.

§ 250-23 Fences and walls.

§ 250-24 Height exception.

§ 250-25 Removal of topsoil.

§ 250-26 Landscaping.

§ 250-27 Conversions of residential structures.

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling or other building into a dwelling for two or more families, subject to the following requirements:

A petition in favor of such exception if filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage on the same street within 1,000 feet of the designated lot.

Each dwelling unit shall not have less than 600 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.

The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

The off-street parking requirements of this chapter shall be met.

The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use.

§ 250-28 Minimum habitable floor area.

[Amended 12-3-2007 by Ord. No. 276]

Editor's Note: Original § 418, Temporary use permit, and § 419, Mobile homes and mobile home parks, which immediately followed this section, were repealed 12-3-2007 by Ord. No. 276.

§ 250-29 Public service corporations.

§ 250-30 Trailers.

No lot or premises may be used for a trailer camp, and no lot or premises shall maintain an inhabited trailer for a period to exceed one month.

§ 250-31 Condominium ownership plans.

No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Unit Property Act, 68 Pa.C.S.A. § 3301 et seq.

§ 250-32 Standards for Zoning Hearing Board review of institutional uses.

Area. The minimum lot size for an institutional use shall be two acres.

Yard requirements.

Width. The minimum frontage on a public road shall be 150 feet measured along the ultimate right-of-way line.

Front. The minimum depth of a front yard shall be 100 feet, measured from the ultimate right-of-way line of the street on which the building fronts.

Side. For each building there shall be two side yards of not less than 40 feet.

Rear. There shall be established for each building a rear yard of at least 40 feet.

Required plans for Zoning Hearing Board review. The following plans shall be required before issuance of a building permit to construct or modify any institutional use in Lower Pottsgrove Township:

Architectural plans for any proposed buildings.

A description of the institutional operations, proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare or safety hazards.

Engineering and architectural plans for the treatment and disposal of sewage and the delivery of water to the site.

Any other pertinent data that the Zoning Hearing Board may require.

Nuisance controls. The institution shall make provision for control of each of the following:

Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare.

Noise. No operations creating an unreasonable amount of noise outside the property lines shall be allowed.

Review by Planning Commission. The Planning Commission shall review all plans for any institutional use, as set forth in Article XXX, § 250-229, of this chapter.

§ 250-33 Impact statement for all zoning districts.

[Amended 11-18-1976 by Ord. No. 127-E; 7-7-1997 by Ord. No. 206]

[Amended 12-3-2007 by Ord. No. 276[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Land use compatibility.

Objectives. The objective of the impact statement about land use compatibility is to provide the Planning Commission and Township Commissioners enough information and data to properly evaluate:

The compatibility of the proposed land use and density with existing and planned surrounding land uses and densities.

The compatibility of the proposed land use and density with the natural features and environmental constraints of the site to be developed.

Minimum contents. As a minimum, the impact statement should include the following:

Maps illustrating the proposed density and the existing, planned and zoned densities of surrounding tracts of land.

Population projections for the proposed land development and a description of the proposed land development's impact on existing projections of the Township population.

Plans indicating the distances from boundaries of the proposed land development to buildings on adjacent tracts of land.

Elevation drawings of the proposed building exteriors.

Perspectives and other drawings showing views of the proposed land development from surrounding properties.

Statements concerning the noise, air and visual pollution which the proposed land development will generate.

Illustrations, plans or other descriptions of any screening or buffering measures proposed to minimize land use incompatibilities generated by the proposed land development.

A complete analysis of the site's physical and environmental features. The site analysis shall include a base map of the site and separate overlay maps illustrating the following:

Soil characteristics.

Vegetation.

Topography.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

Transportation.

Objectives. The objective of the impact statement on transportation is to provide the Planning Commission and the Township Commissioners enough information and data to properly determine:

The capital improvements to existing transportation facilities that will be needed because of additional traffic volumes generated by the proposed land development.

Minimum contents. As a minimum, the impact statement should include the following:

Estimates of the total number of vehicle trips to be generated by the proposed land development for:

A typical twenty-four-hour period.

Typical a.m. and p.m. peak periods.

Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the land development.

Capacity analyses of major intersections in the Township which will be impacted by the additional volumes generated by the proposed land development.

Data about existing accident levels at these intersections categorized by accident type for each intersection.

Cost estimates of any proposed improvements that will be required.

Description of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the transportation network.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Schools.

Minimum contents. As a minimum, the impact statement should include the following:

Family profile for the proposed land development which includes a detailed description of the anticipated family structure.

Existing enrollment data categorized:

Grade by grade for the entire school district.

Grade by grade for each school likely to serve the proposed land development.

By type of school (i.e., elementary, intermediate, high school, etc.) for the entire school district.

Capacity data categorized by type of school for the entire school district and capacity data for each individual school facility likely to serve the proposed land development.

School district projections of estimated enrollments grade by grade and school by school for each of the next six years.

Descriptions of any expansion plans that the school district may have.

Comparisons of existing and planned capacities with the growth in enrollments estimated for the proposed land development.

A description of any new school facilities that will be needed to serve the enrollment growth generated by the proposed land development.

Data about how schoolchildren living in the proposed land development will be transported to school. Among the issues of concern are:

Will additional buses be needed?

Will adequate pedestrian facilities be available if children must walk to nearby school sites?

Estimates of day-care and/or nursery school facilities that may be needed to service the proposed land development.

(l)

Descriptions of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the school district and school facilities.

(m)

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Commercial facilities.

Minimum content. The impact statement should contain consumer expenditure estimates, statistics and calculations as follows:

Estimates of demand levels that will be generated by the proposed land development for commercial activities of the following types.

Grocery shopping facilities.

Other retail shopping facilities.

Commercial services.

Service stations.

Eating establishments.

Descriptions of the amounts of these services currently available in the Township or in nearby areas.

Economy.

Minimum contents. As a minimum, the impact statement on economy should contain:

A statement concerning the reason the applicant has chosen Lower Pottsgrove for the location of the proposed land development.

Data about the size and characteristics of the labor force in the Township and greater Pottstown area.

Estimates of the size and characteristics of the labor force that will live in the proposed land development.

Analysis of employment locations for the labor force that will live in the proposed land development, i.e., of where the labor force will work.

Estimates of the number and types of new jobs that will be directly generated by the proposed land development.

Data about the classification of family incomes in the Township and greater Pottstown area and an analysis of the impact of the proposed land development on family incomes.

A statement or analysis concerning the relationship between the proposed land development and the demand for new housing in the greater Pottstown area.

Text or other written material relating the above data and information to the aforementioned objectives.

Community facilities.

Minimum content. As a minimum, the impact statement should provide:

Description of the impact of servicing the proposed land development on the system's surplus capacity; water pressures throughout the system; increased maintenance needs; and customer service rates.

Preliminary plans illustrating the proposed provisions for storm drainage.

Documentation from utility companies regarding the availability of electric and gas services.

A description of the medical facilities which will be required compared with those services that will be available to the residents of the proposed land development.

A description of the library facilities that will be available to the residents of the proposed land development.

A description of any measures offered by the applicant to offset any adverse impacts on community facilities.

Text or other written material relating the above data and information to the aforementioned objectives.

Police and fire.

Objectives. To provide the Township Planning Commission and Township Commissioners with adequate information and data for the Township to determine:

Adequate fire and police protection can be provided to the residents of the proposed land development.

Police and fire protection services will not be overburdened.

The extent of capital improvements or increases in services that will be needed to adequately service the proposed land development.

Minimum contents. As a minimum, the impact statement shall include:

Description of any internal security measures which will be provided to the proposed land development.

Estimate of new personnel which will be needed to serve the land development (including source of standards used to derive estimates).

Estimated number of fires per year in proposed land development.

Any contributions the developer intends to make to alleviate manpower and equipment shortages.

Adequacy of Township fire codes and description of additional inspection responsibilities that will be generated by proposed land development.

Description of water system's ability to provide adequate fire protection, including data about pressures and durations.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Recreation.

Objective. The objective of the impact statement concerning recreation is to provide sufficient information and data for the Planning Commission and the Township Commissioners to adequately evaluate:

The demand for recreational facilities which the proposed project will generate and determine whether adequate such facilities exist or are planned.

The extent or scope of any new facilities and services that will be required as a result of the proposed land development.

Minimum content. As a minimum, the impact statement should include the following:

A description of the projected age breakdown of residents.

Description of any recreation facilities to be provided by the developer.

A description of who the responsible party(ies) will be for maintenance of any recreation facilities to be provided by the developer.

Discussion of potential for any recreational facilities to be provided by the developer to compensate for any anticipated deficiencies of the Township's recreational facilities.

Description of accessibility of developer-proposed facilities to general Township residents.

Description of any contributions the developer plans to make for Township recreation to compensate for expected impacts.

Written text to supplement and interpret the information and data presented in terms of the aforementioned objectives.

Cost-revenue analysis.

Minimum content. As a minimum, the impact statement shall include the following:

A list of all services which will be supplied to the proposed land development by the Township, joint agencies or authorities which supply services to the Township and school district.

A description of the total additional annual cost for each service. Documentation should include the method for estimating all such costs.

Analysis and comparison to determine whether providing services and facilities to the proposed land development will represent a financial surplus or deficiency for:

The Township.

The school district.

Joint agencies or authorities.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

§ 250-34 Steep slope conservation provisions.

[Amended 6-25-1981 by Ord. No. 127-K; 10-5-1992 by Ord. No. 127-R; 7-7-1997 by Ord. No. 206]

To combine with other zoning requirements, as an overlay, certain restrictions for steep slope areas to promote the general health, safety and welfare of the residents of Lower Pottsgrove Township.

To minimize danger to public health and safety by promoting safe and sanitary drainage.

To permit only those uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting the grading of steep slope areas.

To protect individuals and adjacent landowners in the Township and/or other municipalities from the possible harmful effects of inappropriate grading and development on steep slope areas.

To promote the provision of safe and reliable accessways, parking areas and utility systems serving development on or around steep slope areas where more sensitive grading and siting is essential.

The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant.

Wildlife sanctuary, woodland preserve, arboretum and passive recreation areas, including parks but excluding enclosed structures.

Game farm or hunting preserve for the protection and propagation of wildlife but excluding enclosed structures.

Forestry and reforestation in accordance with recognized soil conservation practices.

Pasture and controlled grazing of animals in accordance with recognized soil conservation practices.

Recreational uses, such as parks with such activities as hiking, bicycle and bridle trails, camps, picnic areas but excluding enclosed structures.

Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized soil conservation practices.

Nonstructural accessory uses (except swimming pools) necessary for the operation and maintenance of the above permitted uses.

Similar uses to the above which are in compliance with the intent of this chapter.

No slopes in excess of 25% shall be built on without a conditional use, approved by the Board of Commissioners of Lower Pottsgrove Township.

The following shall be considered by the Board of Commissioners in granting a conditional use, if applicable.

A conditional use will only be granted if development off the steep slope area is infeasible.

The building located on the steep slope must be designed to accommodate the slope and not require extensive grading.

The development of the site will conform to a master plan prepared by the applicant that shows the development of the entire site.

The existing vegetation on the site will be retained to the greatest extent possible.

Access drives will not be permitted in steep slope areas if an alternative location is available, at the determination of the Township Engineer.

The following plans must be submitted for review to the Township Engineer:

[Amended 4-5-2021 by Ord. No. 353]

Plan, profile and typical cross sections of any proposed street, emergency access or driveway.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AVERAGE SLOPE

The slope of land determined according to the following formula:

S = 0.0023/A x I x L
Where
	S	is the average slope in percent
	I	is the contour interval in feet as established by on-site contour survey by a licensed registered surveyor/engineer
	L	is the combined length in contour lines in feet
	A	is the area in acres of the parcel being considered

CONDITIONAL USE(S)

Those use(s) as authorized by specific written approval of the Board of Commissioners on prior application submitted in writing by the applicant.[1]

SLOPE

Existing natural grade over rise and defined in feet. For the purpose of identifying limits of steep slope areas, a minimum contour interval of five feet shall be used.

Editor's Note: The former definition of "impervious surface," which immediately followed this definition, was repealed 4-5-2021 by Ord. No. 353. See now § 250-8.

Steep slope regulations for residential uses. In every residential use, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site should be given to the protection of:

The steepest areas of precautionary slope, i.e., those approaching 25%.

Soils with seasonal high-water table.

Underlying geology which comprises or contributes to a major groundwater resource, including the flow of existing springs.

Disturbance shall be minimized where the length or area of steep slope, both on the site and on adjacent lands within 200 feet of the site, is extensive.

The proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.

Road construction shall follow the natural topography with cuts and grading minimized.

Innovative, imaginative building techniques that are well suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.

Plans and profiles as required per Subsection E(2) herein.

Architectural plans, elevations and sections.

[Amended 4-5-2021 by Ord. No. 3530

A statement signed by the owner or future occupant at the time of building permit application that there is a full understanding of any difficulties associated with access stemming from steep slopes.

Steep slope regulations for nonresidential uses. In every nonresidential use, other than those permitted in Subsection D, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Any lot having a slope in excess of 15% may only be developed by granting of a conditional use approval by the Board of Commissioners of Lower Pottsgrove Township.

§ 250-35 Regulations for cellular communications antennas.

[Added 12-16-1996 by Ord. No. 203; 7-7-1997 by Ord. No. 206]

In recognition of the quasi-public nature of cellular communications systems, the following regulations shall apply:

Purpose.

To accommodate the need for cellular communications antennas while regulating their location and number in the Township.

To minimize adverse visual effects of cellular communications antennas and antenna support structures through proper design, siting and vegetative screening.

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice through engineering and proper siting of antenna support structures.

To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.

Use regulations.

Standards for approval of special exceptions.

Standards for approval of all cellular communications antennas.

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Thirty percent of antenna height.

The minimum setback of the underlying zoning district.

Forty feet.

The applicant shall be required to assure removal of the tower and support structure if use of the tower is discontinued.

§ 250-36 Exterior lighting regulations and standards for all zoning districts.

[Added 6-3-2002 by Ord. No. 233]

Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources that shine in their eyes and thereby impair safe traverse.

Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.

Protect and retain the rural character of Lower Pottsgrove Township.

Applicability.

The Lower Pottsgrove Board of Commissioners may require that lighting be incorporated for other uses or locations, as it deems necessary.

The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, and residential lighting.

DIRECT LIGHT

Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

FIXTURE

FLOODLIGHT or SPOTLIGHT

Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

FOOTCANDLE

A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter; aka, footcandle or light meter.

FULLY SHIELDED LIGHTS

Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.

GLARE

The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.

HEIGHT OF LUMINAIRE

The height of a luminaire shall be the vertical distance from the ground directly above the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

ILLUMINANCE

The quantity of light measured in footcandles or lux.

INDIRECT LIGHT

Direct light that has been reflected or has scattered off of other surfaces.

LAMP

The component of a luminaire that produces the actual light.

LIGHT TRESPASS

The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LUMEN

Measure of brightness of the illumination exiting a bulb.

LUMINAIRE

This is a complete lighting system and includes a lamp or lamps and a fixture.

OUTDOOR LIGHTING

The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Criteria.

Illumination levels.

Future amendments to said recommended practices shall become a part of this section without further action of the Township.

Examples of intensities for typical outdoor applications, as extracted from the eighth edition of the Lighting Handbook, are presented below.

Use/Task		Maintained Footcandles¹	Uniformity (Average: Minimum)²
Streets, local residential		0.4 average	6:1
Streets, local commercial		0.9 average	6:1
Parking, residential, multifamily
	Low vehicular/pedestrian activity	0.2 minimum	4:1
	Medium vehicular/pedestrian activity	0.6 minimum	4:1
Parking, industrial/ commercial/ institutional/ municipal
	High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural events	0.9 minimum	4:1
	Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 minimum	4:1
	Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 minimum	4:1
Walkways and bikeways		0.5 average	5:1
Building entrances		5.0 average	—

	NOTES:
	¹	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
	²	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio; e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).

Lighting fixture design.

Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.

Control of nuisance and disabling glare.

[Amended 1-3-2022 by Ord. No. 356]

[Amended 1-3-2022 by Ord. No. 356]

The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.

Externally illuminated billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward.

[Amended 12-3-2007 by Ord. No. 276]

Canopy lighting shall be of the recessed type, except if otherwise allowed by the Board of Commissioners during preliminary land development review.

Installation.

Lighting fixtures shall not be mounted in excess of 20 feet above grade.

Electrical feeds for lighting standards shall be run underground not overhead.

Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Residential development fixture placement.

Streetlighting fixtures in residential developments shall be placed at the following locations unless otherwise determined by the Board of Commissioners:

At the intersection of pubic roads with entrance roads to the proposed development.

Intersections involving proposed public or nonpublic major thoroughfare roads within the proposed development.

At the apex of the curve of any major thoroughfare road, public or nonpublic, within the proposed development, having a minimum of three-hundred-foot horizontal curve.

Cul-de-sac bulb radii.

Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 miles per hour or greater.

Compliance monitoring.

Safety hazards.

If the Township judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

If appropriate corrective action has not been effected within 30 days of notification, the Township may levy a fine for as long as the hazard continues to exist.

Nuisance glare and inadequate illumination levels.

If the infraction so warrants, the Township may act to have the problem corrected as in § 250-36H(1)(b) above.

[Amended 12-3-2007 by Ord. No. 276]

Streetlight dedication.

Administration.

Collection.

Proration of nonpayables.

Actual utility electrical charges.

Maintenance and maintenance contracts for maintenance of fixtures and associated equipment.

A nonconforming lighting fixture shall be made to comply with the requirements of this section when such fixture is replaced, relocated or repaired.

Lower Pottsgrove Township
City Zoning Code

ARTICLE IV

General Regulations

§ 250-13 Applicability.

[Amended 12-3-2007 by Ord. No. 276]

For the purposes of this chapter, the following regulations shall govern each and every district.

§ 250-14 Lots of record; special exception use.

§ 250-15 Reduction of lot area.

No lot shall be so reduced that the area of the lot or the dimensions of the required lines not connected to a sewage disposal plant shall not be considered as being served with public sewer.

§ 250-16 Subdivision plan of lots of record.

§ 250-17 Modification of front yard requirements.

§ 250-18 Obstructions to vision at intersections prohibited.

§ 250-19 Access to public street.

§ 250-20 Existing interior lots.

§ 250-21 Accessory uses.

[Amended 5-25-2000 by Ord. No. 218; 12-3-2007 by Ord. No. 276]

Accessory uses authorized in this chapter shall include, but not by way of limitation, the following:

Uses accessory to agriculture.

Greenhouses.

Roadside stands for sale of products produced on the premises in accordance with the following:

A maximum of 1,500 square feet of building floor area shall be occupied by such use.

See sign provisions of this chapter for sign regulations.[1]

Editor's Note: See Art. XXVI, Signs.

Other agricultural buildings used for storage or preparation of products produced on the premises.

Keeping of livestock is permitted in conjunction with a principal agricultural use, provided that the following requirements are met:

No maximum number of animals shall apply if there is a ten-acre minimum lot area. If the lot area is less than 10 acres, then the requirements of § 250-21B(2) shall apply.

A grass strip at least eight feet wide should be provided between a field and any street cartway or shoulder.

Manure storage areas shall be set back 200 feet from the following:

Any perennial stream, river, spring, lake, pond or reservoir.

Any private water well or an open sinkhole.

Any active public drinking well or water source surface intake, unless a greater distance is required by federal or state regulation.

Each property line, unless landowners within such distance execute a written waiver for the setback or unless a wider setback is established by state regulations.

Editor's Note: See 3 P.S. § 951 et seq. and 3 P.S. § 901 et seq., respectively.

Uses accessory to dwellings.

Private garage, private parking spaces, shelter for pets, private stable and chicken house.

Keeping of livestock or pets not in conjunction with a principal agricultural use shall meet the following requirements:

No fowl or animal shall be maintained without a suitable building.

Chicken houses shall not have an area of more than 200 square feet.

Manure storage areas shall follow the regulations of § 250-21A(4)(e) for uses accessory to agriculture.

The following maximum numbers of animals shall be kept on a lot:

A minimum lot area of one acre shall be required to keep one sheep, goat or similar-sized animal. Three additional animals of such size may be kept for each acre of lot area in excess of one acre.

A minimum lot area of 1/2 acre shall be required to keep one fowl or similar-sized animal. An average of two such animals may be kept for each additional 1/2 acre.

Private greenhouses and garden sheds.

Quarters are occupied by no more than two persons.

The principal dwelling shall be owner-occupied.

Applicant shall prove to the satisfaction of the Zoning Hearing Board that the unit will only be occupied by relatives or household employees of the property owner.

If attached to the principal dwelling, any new outside entrance shall be to the rear of the building.

Owners shall establish a written deed restriction that prohibits the sale of the property as two or more dwelling units.

When the accessory unit is no longer occupied by relatives or employees of the owner:

An accessory unit attached to the principal dwelling shall be converted to be part of the living space of the principal dwelling unit;

An accessory unit occupied by the unit shall be converted to a permitted accessory use or be used for household storage; and

A detached modular unit shall be completely removed from the property.

Private swimming pool or other recreational facilities:

Any floodlighting or other illumination used in conjunction with the pool and/or recreational facility shall be shielded and directed away from adjoining properties.

No-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Accessory uses to dwelling permitted by special exception. Low-impact home-based businesses, provided the business or commercial activity satisfies the following requirements:

The area used for the practice of a profession or for a studio shall not exceed the lesser of 600 square feet or 50% of the area of the first floor of the dwelling.

There shall be no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 7:00 a.m. and 9:00 p.m.

No external alterations or additions inconsistent with the residential use or appearance of the dwelling shall be permitted.

There shall be no more than one low-impact business in a dwelling and/or accessory building.

No goods shall be publicly displayed on the premises and no stockpiling or inventory of a substantial nature shall be kept outside the premises.

Signage shall comply with the sign provisions of this chapter.

Minimum setback requirements for detached buildings and structures accessory to dwelling.

Front yard: No portion of a detached building or structure accessory to a dwelling shall be permitted closer to any street than the front of the principal dwelling.

Rear yard: 20 feet minimum, except that:

If a structure has a floor area of over 600 square feet, it shall meet the minimum rear yard for a principal building.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet and has a maximum height of 12 feet shall have a minimum rear yard setback of five feet.

Preservation subdivision developments. In the case of a preservation subdivision development, the developer shall provide a minimum of 5,500 square feet per building lot.

[Added 12-1-2014 by Ord. No. 316]

Side yard.

A detached building or structure accessory to a dwelling that has a floor area of less than 225 square feet, has a maximum height of 12 feet, shall have a minimum side yard setback of five feet.

[Amended 12-3-2007 by Ord. No. 276; 12-6-2021 by Ord. No. 355]

The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above;

The visual impact of the building shall not be detrimental to the value of neighboring properties;

The compatibility of the building with the size and scale of the surrounding buildings shall be considered; and

§ 250-22 Projections into required yards.

[Amended 8-21-1980 by Ord. No. 127-I; 3-23-1995 by Ord. No. 192]

No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:

A carport may be erected over a driveway in a required side yard, provided that such structure is:

Not more than 14 feet in height and 25 feet in length.

Entirely open on at least two sides, exclusive of the necessary supporting columns and the customary architectural features.

Does not extend closer to the side lot line than a distance of 20 feet.

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.[1]

Editor's Note: Original Subsection F, which immediately followed this subsection, was repealed 12-3-2007 by Ord. No. 276.

§ 250-23 Fences and walls.

§ 250-24 Height exception.

§ 250-25 Removal of topsoil.

§ 250-26 Landscaping.

§ 250-27 Conversions of residential structures.

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling or other building into a dwelling for two or more families, subject to the following requirements:

A petition in favor of such exception if filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage on the same street within 1,000 feet of the designated lot.

Each dwelling unit shall not have less than 600 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.

The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

The off-street parking requirements of this chapter shall be met.

The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use.

§ 250-28 Minimum habitable floor area.

[Amended 12-3-2007 by Ord. No. 276]

Editor's Note: Original § 418, Temporary use permit, and § 419, Mobile homes and mobile home parks, which immediately followed this section, were repealed 12-3-2007 by Ord. No. 276.

§ 250-29 Public service corporations.

§ 250-30 Trailers.

No lot or premises may be used for a trailer camp, and no lot or premises shall maintain an inhabited trailer for a period to exceed one month.

§ 250-31 Condominium ownership plans.

No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Unit Property Act, 68 Pa.C.S.A. § 3301 et seq.

§ 250-32 Standards for Zoning Hearing Board review of institutional uses.

Area. The minimum lot size for an institutional use shall be two acres.

Yard requirements.

Width. The minimum frontage on a public road shall be 150 feet measured along the ultimate right-of-way line.

Front. The minimum depth of a front yard shall be 100 feet, measured from the ultimate right-of-way line of the street on which the building fronts.

Side. For each building there shall be two side yards of not less than 40 feet.

Rear. There shall be established for each building a rear yard of at least 40 feet.

Required plans for Zoning Hearing Board review. The following plans shall be required before issuance of a building permit to construct or modify any institutional use in Lower Pottsgrove Township:

Architectural plans for any proposed buildings.

A description of the institutional operations, proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare or safety hazards.

Engineering and architectural plans for the treatment and disposal of sewage and the delivery of water to the site.

Any other pertinent data that the Zoning Hearing Board may require.

Nuisance controls. The institution shall make provision for control of each of the following:

Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare.

Noise. No operations creating an unreasonable amount of noise outside the property lines shall be allowed.

Review by Planning Commission. The Planning Commission shall review all plans for any institutional use, as set forth in Article XXX, § 250-229, of this chapter.

§ 250-33 Impact statement for all zoning districts.

[Amended 11-18-1976 by Ord. No. 127-E; 7-7-1997 by Ord. No. 206]

[Amended 12-3-2007 by Ord. No. 276[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Land use compatibility.

Objectives. The objective of the impact statement about land use compatibility is to provide the Planning Commission and Township Commissioners enough information and data to properly evaluate:

The compatibility of the proposed land use and density with existing and planned surrounding land uses and densities.

The compatibility of the proposed land use and density with the natural features and environmental constraints of the site to be developed.

Minimum contents. As a minimum, the impact statement should include the following:

Maps illustrating the proposed density and the existing, planned and zoned densities of surrounding tracts of land.

Population projections for the proposed land development and a description of the proposed land development's impact on existing projections of the Township population.

Plans indicating the distances from boundaries of the proposed land development to buildings on adjacent tracts of land.

Elevation drawings of the proposed building exteriors.

Perspectives and other drawings showing views of the proposed land development from surrounding properties.

Statements concerning the noise, air and visual pollution which the proposed land development will generate.

Illustrations, plans or other descriptions of any screening or buffering measures proposed to minimize land use incompatibilities generated by the proposed land development.

A complete analysis of the site's physical and environmental features. The site analysis shall include a base map of the site and separate overlay maps illustrating the following:

Soil characteristics.

Vegetation.

Topography.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

Transportation.

Objectives. The objective of the impact statement on transportation is to provide the Planning Commission and the Township Commissioners enough information and data to properly determine:

The capital improvements to existing transportation facilities that will be needed because of additional traffic volumes generated by the proposed land development.

Minimum contents. As a minimum, the impact statement should include the following:

Estimates of the total number of vehicle trips to be generated by the proposed land development for:

A typical twenty-four-hour period.

Typical a.m. and p.m. peak periods.

Projected twenty-four-hour and peak-hour turning movement data for all access points proposed for the land development.

Capacity analyses of major intersections in the Township which will be impacted by the additional volumes generated by the proposed land development.

Data about existing accident levels at these intersections categorized by accident type for each intersection.

Cost estimates of any proposed improvements that will be required.

Description of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the transportation network.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Schools.

Minimum contents. As a minimum, the impact statement should include the following:

Family profile for the proposed land development which includes a detailed description of the anticipated family structure.

Existing enrollment data categorized:

Grade by grade for the entire school district.

Grade by grade for each school likely to serve the proposed land development.

By type of school (i.e., elementary, intermediate, high school, etc.) for the entire school district.

Capacity data categorized by type of school for the entire school district and capacity data for each individual school facility likely to serve the proposed land development.

School district projections of estimated enrollments grade by grade and school by school for each of the next six years.

Descriptions of any expansion plans that the school district may have.

Comparisons of existing and planned capacities with the growth in enrollments estimated for the proposed land development.

A description of any new school facilities that will be needed to serve the enrollment growth generated by the proposed land development.

Data about how schoolchildren living in the proposed land development will be transported to school. Among the issues of concern are:

Will additional buses be needed?

Will adequate pedestrian facilities be available if children must walk to nearby school sites?

Estimates of day-care and/or nursery school facilities that may be needed to service the proposed land development.

(l)

Descriptions of any actions proposed or offered by the applicant to alleviate any burdens caused by the impact of the proposed land development on the school district and school facilities.

(m)

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Commercial facilities.

Minimum content. The impact statement should contain consumer expenditure estimates, statistics and calculations as follows:

Estimates of demand levels that will be generated by the proposed land development for commercial activities of the following types.

Grocery shopping facilities.

Other retail shopping facilities.

Commercial services.

Service stations.

Eating establishments.

Descriptions of the amounts of these services currently available in the Township or in nearby areas.

Economy.

Minimum contents. As a minimum, the impact statement on economy should contain:

A statement concerning the reason the applicant has chosen Lower Pottsgrove for the location of the proposed land development.

Data about the size and characteristics of the labor force in the Township and greater Pottstown area.

Estimates of the size and characteristics of the labor force that will live in the proposed land development.

Analysis of employment locations for the labor force that will live in the proposed land development, i.e., of where the labor force will work.

Estimates of the number and types of new jobs that will be directly generated by the proposed land development.

Data about the classification of family incomes in the Township and greater Pottstown area and an analysis of the impact of the proposed land development on family incomes.

A statement or analysis concerning the relationship between the proposed land development and the demand for new housing in the greater Pottstown area.

Text or other written material relating the above data and information to the aforementioned objectives.

Community facilities.

Minimum content. As a minimum, the impact statement should provide:

Description of the impact of servicing the proposed land development on the system's surplus capacity; water pressures throughout the system; increased maintenance needs; and customer service rates.

Preliminary plans illustrating the proposed provisions for storm drainage.

Documentation from utility companies regarding the availability of electric and gas services.

A description of the medical facilities which will be required compared with those services that will be available to the residents of the proposed land development.

A description of the library facilities that will be available to the residents of the proposed land development.

A description of any measures offered by the applicant to offset any adverse impacts on community facilities.

Text or other written material relating the above data and information to the aforementioned objectives.

Police and fire.

Objectives. To provide the Township Planning Commission and Township Commissioners with adequate information and data for the Township to determine:

Adequate fire and police protection can be provided to the residents of the proposed land development.

Police and fire protection services will not be overburdened.

The extent of capital improvements or increases in services that will be needed to adequately service the proposed land development.

Minimum contents. As a minimum, the impact statement shall include:

Description of any internal security measures which will be provided to the proposed land development.

Estimate of new personnel which will be needed to serve the land development (including source of standards used to derive estimates).

Estimated number of fires per year in proposed land development.

Any contributions the developer intends to make to alleviate manpower and equipment shortages.

Adequacy of Township fire codes and description of additional inspection responsibilities that will be generated by proposed land development.

Description of water system's ability to provide adequate fire protection, including data about pressures and durations.

Written text to interpret the information and data presented in terms of the aforementioned objectives.

Recreation.

Objective. The objective of the impact statement concerning recreation is to provide sufficient information and data for the Planning Commission and the Township Commissioners to adequately evaluate:

The demand for recreational facilities which the proposed project will generate and determine whether adequate such facilities exist or are planned.

The extent or scope of any new facilities and services that will be required as a result of the proposed land development.

Minimum content. As a minimum, the impact statement should include the following:

A description of the projected age breakdown of residents.

Description of any recreation facilities to be provided by the developer.

A description of who the responsible party(ies) will be for maintenance of any recreation facilities to be provided by the developer.

Discussion of potential for any recreational facilities to be provided by the developer to compensate for any anticipated deficiencies of the Township's recreational facilities.

Description of accessibility of developer-proposed facilities to general Township residents.

Description of any contributions the developer plans to make for Township recreation to compensate for expected impacts.

Written text to supplement and interpret the information and data presented in terms of the aforementioned objectives.

Cost-revenue analysis.

Minimum content. As a minimum, the impact statement shall include the following:

A list of all services which will be supplied to the proposed land development by the Township, joint agencies or authorities which supply services to the Township and school district.

A description of the total additional annual cost for each service. Documentation should include the method for estimating all such costs.

Analysis and comparison to determine whether providing services and facilities to the proposed land development will represent a financial surplus or deficiency for:

The Township.

The school district.

Joint agencies or authorities.

Written text interpreting the information and data presented in terms of the aforementioned objectives.

§ 250-34 Steep slope conservation provisions.

[Amended 6-25-1981 by Ord. No. 127-K; 10-5-1992 by Ord. No. 127-R; 7-7-1997 by Ord. No. 206]

To combine with other zoning requirements, as an overlay, certain restrictions for steep slope areas to promote the general health, safety and welfare of the residents of Lower Pottsgrove Township.

To minimize danger to public health and safety by promoting safe and sanitary drainage.

To permit only those uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting the grading of steep slope areas.

To protect individuals and adjacent landowners in the Township and/or other municipalities from the possible harmful effects of inappropriate grading and development on steep slope areas.

To promote the provision of safe and reliable accessways, parking areas and utility systems serving development on or around steep slope areas where more sensitive grading and siting is essential.

The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant.

Wildlife sanctuary, woodland preserve, arboretum and passive recreation areas, including parks but excluding enclosed structures.

Game farm or hunting preserve for the protection and propagation of wildlife but excluding enclosed structures.

Forestry and reforestation in accordance with recognized soil conservation practices.

Pasture and controlled grazing of animals in accordance with recognized soil conservation practices.

Recreational uses, such as parks with such activities as hiking, bicycle and bridle trails, camps, picnic areas but excluding enclosed structures.

Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized soil conservation practices.

Nonstructural accessory uses (except swimming pools) necessary for the operation and maintenance of the above permitted uses.

Similar uses to the above which are in compliance with the intent of this chapter.

No slopes in excess of 25% shall be built on without a conditional use, approved by the Board of Commissioners of Lower Pottsgrove Township.

The following shall be considered by the Board of Commissioners in granting a conditional use, if applicable.

A conditional use will only be granted if development off the steep slope area is infeasible.

The building located on the steep slope must be designed to accommodate the slope and not require extensive grading.

The development of the site will conform to a master plan prepared by the applicant that shows the development of the entire site.

The existing vegetation on the site will be retained to the greatest extent possible.

Access drives will not be permitted in steep slope areas if an alternative location is available, at the determination of the Township Engineer.

The following plans must be submitted for review to the Township Engineer:

[Amended 4-5-2021 by Ord. No. 353]

Plan, profile and typical cross sections of any proposed street, emergency access or driveway.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AVERAGE SLOPE

The slope of land determined according to the following formula:

S = 0.0023/A x I x L
Where
	S	is the average slope in percent
	I	is the contour interval in feet as established by on-site contour survey by a licensed registered surveyor/engineer
	L	is the combined length in contour lines in feet
	A	is the area in acres of the parcel being considered

CONDITIONAL USE(S)

Those use(s) as authorized by specific written approval of the Board of Commissioners on prior application submitted in writing by the applicant.[1]

SLOPE

Existing natural grade over rise and defined in feet. For the purpose of identifying limits of steep slope areas, a minimum contour interval of five feet shall be used.

Editor's Note: The former definition of "impervious surface," which immediately followed this definition, was repealed 4-5-2021 by Ord. No. 353. See now § 250-8.

Steep slope regulations for residential uses. In every residential use, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site should be given to the protection of:

The steepest areas of precautionary slope, i.e., those approaching 25%.

Soils with seasonal high-water table.

Underlying geology which comprises or contributes to a major groundwater resource, including the flow of existing springs.

Disturbance shall be minimized where the length or area of steep slope, both on the site and on adjacent lands within 200 feet of the site, is extensive.

The proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.

Road construction shall follow the natural topography with cuts and grading minimized.

Innovative, imaginative building techniques that are well suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.

Plans and profiles as required per Subsection E(2) herein.

Architectural plans, elevations and sections.

[Amended 4-5-2021 by Ord. No. 3530

A statement signed by the owner or future occupant at the time of building permit application that there is a full understanding of any difficulties associated with access stemming from steep slopes.

Steep slope regulations for nonresidential uses. In every nonresidential use, other than those permitted in Subsection D, the following regulations shall apply:

[Amended 12-3-2007 by Ord. No. 276]

Any lot having a slope in excess of 15% may only be developed by granting of a conditional use approval by the Board of Commissioners of Lower Pottsgrove Township.

§ 250-35 Regulations for cellular communications antennas.

[Added 12-16-1996 by Ord. No. 203; 7-7-1997 by Ord. No. 206]

In recognition of the quasi-public nature of cellular communications systems, the following regulations shall apply:

Purpose.

To accommodate the need for cellular communications antennas while regulating their location and number in the Township.

To minimize adverse visual effects of cellular communications antennas and antenna support structures through proper design, siting and vegetative screening.

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice through engineering and proper siting of antenna support structures.

To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.

Use regulations.

Standards for approval of special exceptions.

Standards for approval of all cellular communications antennas.

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Thirty percent of antenna height.

The minimum setback of the underlying zoning district.

Forty feet.

The applicant shall be required to assure removal of the tower and support structure if use of the tower is discontinued.

§ 250-36 Exterior lighting regulations and standards for all zoning districts.

[Added 6-3-2002 by Ord. No. 233]

Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources that shine in their eyes and thereby impair safe traverse.

Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.

Protect and retain the rural character of Lower Pottsgrove Township.

Applicability.

The Lower Pottsgrove Board of Commissioners may require that lighting be incorporated for other uses or locations, as it deems necessary.

The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, and residential lighting.

DIRECT LIGHT

Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

FIXTURE

FLOODLIGHT or SPOTLIGHT

Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

FOOTCANDLE

A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter; aka, footcandle or light meter.

FULLY SHIELDED LIGHTS

Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.

GLARE

The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye.

HEIGHT OF LUMINAIRE

The height of a luminaire shall be the vertical distance from the ground directly above the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

ILLUMINANCE

The quantity of light measured in footcandles or lux.

INDIRECT LIGHT

Direct light that has been reflected or has scattered off of other surfaces.

LAMP

The component of a luminaire that produces the actual light.

LIGHT TRESPASS

The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

LUMEN

Measure of brightness of the illumination exiting a bulb.

LUMINAIRE

This is a complete lighting system and includes a lamp or lamps and a fixture.

OUTDOOR LIGHTING

The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Criteria.

Illumination levels.

Future amendments to said recommended practices shall become a part of this section without further action of the Township.

Examples of intensities for typical outdoor applications, as extracted from the eighth edition of the Lighting Handbook, are presented below.

Use/Task		Maintained Footcandles¹	Uniformity (Average: Minimum)²
Streets, local residential		0.4 average	6:1
Streets, local commercial		0.9 average	6:1
Parking, residential, multifamily
	Low vehicular/pedestrian activity	0.2 minimum	4:1
	Medium vehicular/pedestrian activity	0.6 minimum	4:1
Parking, industrial/ commercial/ institutional/ municipal
	High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural events	0.9 minimum	4:1
	Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 minimum	4:1
	Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 minimum	4:1
Walkways and bikeways		0.5 average	5:1
Building entrances		5.0 average	—

	NOTES:
	¹	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
	²	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio; e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4).

Lighting fixture design.

Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.

Control of nuisance and disabling glare.

[Amended 1-3-2022 by Ord. No. 356]

[Amended 1-3-2022 by Ord. No. 356]

The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured at 30 inches above the ground at the property line.

Externally illuminated billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward.

[Amended 12-3-2007 by Ord. No. 276]

Canopy lighting shall be of the recessed type, except if otherwise allowed by the Board of Commissioners during preliminary land development review.

Installation.

Lighting fixtures shall not be mounted in excess of 20 feet above grade.

Electrical feeds for lighting standards shall be run underground not overhead.

Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Residential development fixture placement.

Streetlighting fixtures in residential developments shall be placed at the following locations unless otherwise determined by the Board of Commissioners:

At the intersection of pubic roads with entrance roads to the proposed development.

Intersections involving proposed public or nonpublic major thoroughfare roads within the proposed development.

At the apex of the curve of any major thoroughfare road, public or nonpublic, within the proposed development, having a minimum of three-hundred-foot horizontal curve.

Cul-de-sac bulb radii.

Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 miles per hour or greater.

Compliance monitoring.

Safety hazards.

If the Township judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

If appropriate corrective action has not been effected within 30 days of notification, the Township may levy a fine for as long as the hazard continues to exist.

Nuisance glare and inadequate illumination levels.

If the infraction so warrants, the Township may act to have the problem corrected as in § 250-36H(1)(b) above.

[Amended 12-3-2007 by Ord. No. 276]

Streetlight dedication.

Administration.

Collection.

Proration of nonpayables.

Actual utility electrical charges.

Maintenance and maintenance contracts for maintenance of fixtures and associated equipment.