Marlborough Township
City Zoning Code

Addition of one or more buildings (except accessory buildings as defined herein) to a lot which contains an existing building.

Division of one or more buildings into spaces for leasehold, ownership, or other forms of tenancy (except for residential conversions resulting in three or less dwelling units).

Construction of one nonresidential building on a lot.

Flag lots may be used to locate dwellings at the ends of cul-de-sac and in other applications acceptable to the Township Engineer for the purpose of avoiding the extension of streets further than necessary.

The body of a flag lot shall comply with all the minimum dimensional requirements of the zoning district in which it is located. The area of the access strip shall not be counted toward the minimum lot area requirement.

All minimum set back requirements in the applicable zoning ordinance shall be increased by 25% in flag lots.

No more than one "tier" of flag lots shall be permitted on a tract. In other words, a flag lot may not be located behind another flag lot.

In a subdivision of five or more lots, flag lots shall comprise no more than 15% of the total number of lots, rounded up to the nearest whole number.

The access strip shall be a fee-simple part of the flag lot, and shall not be a separate parcel or easement. This portion of the lot shall not be used for any purpose other than the location of an access driveway and a residential mailbox servicing the single-family lot, and utility placement for the exclusive use of the property to the rear of the flag lot. The access driveway shall be the sole method of access to the rear of the flag lot. Vehicle parking and the development of any structures shall be specifically prohibited in the access strip.

The access strip shall be a minimum of 25 feet wide for its entire length unless the body of the flag lot is capable of subdivision in the future and is not deed restricted against further subdivision, or if utilities will be placed within the access strip.

The length of the access strip may exceed 300 feet only if the primary purpose of the additional length is to preserve rural character, farmland, or other land for preservation of agriculture.

Access strip design, including but not limited to grading and paving, shall abide by the design standards set forth in Chapter 121, Driveways, Article V, Driveway Standards, § 121-7, Construction standards and maintenance requirements.

No more than two flag lot access strips may be adjacent to each other. Common driveways are not permitted on flag lots. Access strips shall not be shared between multiple lots.

In the event that any section, sentence, clause or word of this section shall be declared illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the remaining portions of this section.

All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.

This section shall become effective upon enactment by the Board of Supervisors.

Areas usable for active and/or passive recreation.

Environmentally sensitive and attractive areas, such as:

Be designed as a continuous system of usable areas, interspersed among groupings of residential dwelling units, wherever practicable.

Be interconnected with common open space areas on abutting parcels wherever possible.

Be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic, and containing appropriate access improvements.

Be provided with sufficient perimeter parking when necessary.

Be comprised of areas not less than 50 feet in width and not less than 11,000 square feet of contiguous area, except that individual tot-lots shall be included in the total required open space area.

Be designed so that not more than 25% of the open space is used as buffers between development and existing roads, and no more than 50% is floodplain, as defined herein.

Not be divided by crossing of public or private roads except where necessary for proper traffic circulation.

Property owners or tenants within the development and their guests;

Nearby property owners or tenants who wish to join a homeowners' association and are accepted into the association.

Shall be recorded by the Montgomery County Recorder of Deeds simultaneously with the final plan.

Shall restrict the open space from development, by deed restriction, granting the Township the right to enforce the restrictions.

Shall include provisions for:

Shall authorize the Township to maintain the common elements and assess the private ownership 100% of such maintenance or foreclose on said bonds or funds to cover said maintenance, if private ownership fails to function as required in the private agreement.

Shall authorize the Township to periodically request and review records and reports that document the financial and administrative ability of the private ownership organization to continue perpetual maintenance and carry out a capital improvement program.

Not more than 14 feet in height and 20 feet in length;

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

At least three feet from the side lot line.

Provide for and control 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.

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.

Promote energy-efficient lighting design and operation.

Protect and retain the intended visual character of the various Marlborough Township venues.

All uses within Marlborough Township where there is interior or exterior lighting that creates a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this chapter.

Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, is exempt from the requirements of this chapter.

Illumination levels. Lighting, where required by this chapter or otherwise required or allowed by Marlborough Township, shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the Township.

Lighting fixture design.

Control of glare.

Installation.

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

Signs. The lighting of new or relighting of existing signs shall require a building permit, which shall be granted when the municipality is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

Safety hazards.

Nuisance glare and inadequate illumination levels.

A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:

A description of all proposed facilities;

A physical description of the environment affected, including, but not limited to, summary technical data and maps and diagrams adequate to permit an assessment of potential environment impact by commenting agencies and the public. Highly technical and specialized analyses and data should be attached as appendices or footnoted with adequate bibliographic references;

The interrelationship and cumulative environmental (including economic) impact of the proposed facilities and other solid waste disposal facilities shall be stated with adequate technical analysis;

The sources of data used to identify, quantify or evaluate any and all of environmental consequences must be expressly noted;

Specific data relating to the impact of the proposed facilities on natural and man-made local storm drainage facilities and areas;

Specific data relating to the impact of the proposed facilities on sanitary sewage disposal;

Specific data relating to the impact of proposed facilities on the existing floodplain areas of the Township, including details of any measures or precautions which may have to be taken in order to provide adequate flood control in the Township;

A statement of any probable adverse environmental effects which cannot be avoided, such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to public health, safety or welfare or other consequences adverse to the environment. Included for purposes of contrast should be a clear statement of how other avoidable adverse effects will be mitigated;

The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and an explanation of the extent to which the proposed action forecloses future options. In this context, the words "short-term" and "long-term" should be viewed in terms of the environmentally significant consequences of the proposed action;

The aesthetic impact of the proposed action including its impact upon visual quality of the surrounding community;

An analysis of the success and/or failure of similar projects, if the proposed project is a nonconventional nature. Determination of the conventional or conventional character of the proposed project will be made by the Township Supervisors as advised by the Township Engineer;

A statement of any effects on desirable employment, taxes and property values;

A statement of any effects on desirable community growth;

A statement describing the location and impact of the project on nearby recreation areas; and

Such other reasonable information as reasonably required by the Board of Supervisors, Township Planning Commission, Township Engineer, and/or Township Solicitor.

Dangerous, injurious, noxious, or otherwise objectionable condition;

Fire, explosive, or other hazards;

Heat, electromagnetic, or other radiation;

Noise or vibration;

Smoke, dust, odor, or other form of air pollution or any other condition in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.

The application shall be submitted in writing to the Township Planning Commission.

The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter; a tentative sketch plan of the proposed development shall be included.

The Township Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultants whose review may be relevant.

The Board of Supervisors shall schedule a public hearing within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of this time limit.

Public notice of the public hearing, stating the time, place, and the particular nature to be considered, shall be published twice in a newspaper of general circulation in the Township. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this zoning ordinance.

In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:

The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application.

Where the Board of Supervisors fails to render a decision within 45 days, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time.

This section shall not apply to municipal uses, buildings, or structures owned, operated, or subsidized by Marlborough Township or its designees intended for the public good, including but not limited to uses, buildings, or structures intended for: public utility, stormwater, public recreation, or public health and safety purpose.

Accessory buildings or structures shall be separated from all other buildings or structures on the lot by at least 10 feet.

Accessory buildings or structures shall be located in line with or behind the principal building as oriented towards the front lot line. On corner lots, accessory buildings or structures shall meet both front yard setbacks and shall be in line with or behind the front face of the principal building.

If a parcel is bisected by a public right-of-way, an accessory structure or building is permitted on the portion of the parcel that does not contain the principal building.

The height of accessory building shall not exceed height of the principal building or 20', whichever is less.

The gross floor area inclusive of garage/carport areas of accessory buildings or structures, and maximum number of buildings or structures, unless otherwise noted, shall be as follows:

The combined impervious coverage of the accessory structure(s) and the principal building(s) or structure(s) shall not exceed the impervious coverage regulations of the zoning district within which a property is located.

Setbacks, unless otherwise noted, shall be as follows:

Use A-1: Accessory dwelling unit (ADU). A permanent, separate dwelling unit that is accessory to and located on the same lot as an existing single-family detached dwelling. An ADU can be a separate structure and must be incidental and subordinate to the primary residential use of property.

Use A-2: Accessory structure, normal agricultural operation. Structures accessory to uses for normal agricultural operation purposes only. A normal agricultural operation may include a single-family detached residence and accessory uses thereto, as provided for in this chapter. Accessory structures to normal agricultural operations shall satisfy the following requirements:

Use A-3: Accessory structure, keeping of livestock. The keeping of livestock animals for normal agricultural operation use or personal/household use.

Use A-4: Accessory structure, golf course. Accessory structures to golf courses are allowed in the R-1 District as a conditional use, in accordance with: § 275-175B, C, and D.

Use A-5: Accessory structure, institutional.

Use A-6: Accessory structure, nonresidential. A building or structure erected for uses customarily incidental to a legally established nonresidential use. The following additional regulations shall be satisfied:

Use A-7: Accessory structure, residential. A building or structure erected for the private use of the owner or occupant of a single-family dwelling unit (attached or detached) which is situated on the same lot as the residence and used for common household purposes, storage, or vehicular parking. This includes but is not limited to: a detached garage, storage shed, gazebo, deck, patio, pool, barn, private greenhouse, carport, or shelter for companion animals. Residential swing sets shall not be considered structures. (See Subsection C(13) for swimming pool.)

Use A-8: Home occupations shall be subject to the regulations in § 275-64, Home occupations.

Use A-9: Renewable energy sources as accessory uses or accessory structures shall be subject to the regulations in § 275-204, Alternative energy use regulations, and § 275-205, Solar energy systems.

Use A-10: Satellite dishes in accordance with the provisions of § 275-66, Satellite dishes and antennas.

Use A-11: Solid waste disposal and recycling shall be subject to the regulations in § 275-160, Solid waste disposal and recycling dimensional standards.

Use A-12: Storage containers, including trailers, freezers, intermodal containers, storage or shipping containers, whether or not removed from their wheels, as an accessory to a residential use. The following additional regulations shall be satisfied:

Use A-13: Swimming pool, residential. A body of water or receptacle for water having a depth at any point greater than 12 inches which is primarily used or intended to be used for swimming or bathing by the owner or occupant of a single-family dwelling unit (attached or detached). The following additional regulations shall be satisfied:

Use A-14: Temporary roadside stand. A moveable structure over 25 square feet in gross floor or ground area, used only for the sale of agricultural products between April 1 and December 31 of a calendar year. At least 50% of products sold shall have been grown on property owned and/or operated by the operator of the building. The remaining 50% of products sold must be grown within 50 miles of the building. Such agricultural products can include but are not limited to: fresh produce, firewood, eggs, or honey. The following additional regulations shall be satisfied:

The accessory structures shall otherwise comply with this section, including but not limited to the requirements related to use, building separation, building location, height, setbacks and building coverage regulations.

The accessory structures shall be designed and constructed to complement and/or visually match the principal building.

Windows or other building articulation shall be provided on at least two sides of the accessory structure(s).

Visual renderings of the proposed accessory building shall be submitted with any application for special exception.

Where a special exception is authorized in this section, the maximum square footage of the accessory structure shall not exceed the size of the principal structure, and in no event shall exceed 2,000 square feet. The maximum square footage of a temporary roadside stand shall not exceed 200 sq. ft.

Certain sections of the Marlborough Township Zoning Ordinance relating to dimensional standards conflict with this § 275-61. The dimensional criteria set forth in this § 275-61 shall control and the following conflicting criteria are hereby repealed:

In the event that any section, sentence, clause or word of this section shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the remaining portions of this section.

All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.

This section shall become effective upon enactment by the Board of Supervisors.

Where a child day-care center is located in a residential zoning district, the number of children cared for at any one time shall not exceed 10 in order to preserve the integrity of the residential zone.

Where an adult day-care center is located in a residential zoning district, the number of adults cared for at any one time shall not exceed 10 in order to preserve the integrity of the residential zone.

Parking.

The outdoor play area as required for child day-care centers per § 275-63D and any outdoor area to be used as part of an adult day-care center (which shall be located in a side or rear yard of the property) shall be enclosed with a fence and a self-closing gate that can be secured. The fence shall be a minimum of four feet high and the fence shall be erected around the designated outside play area or outdoor area in the case of an adult day-care center. The fence shall not exceed any other applicable height restriction imposed by this Zoning Ordinance. Natural barriers such as hedgerows, dense vegetation, etc., may not be substituted for fencing required by this section.

Any approval of a conditional use for a child day-care center or an adult day-care center shall be conditioned upon the applicant obtaining a certificate of compliance for such use from the Pennsylvania Department of Human Services Office of Child Development and Early Learning, or other such state agency tasked with overseeing such facilities.

The applicant must obtain all necessary county, state, and federal licenses for the use prior to the granting of a permit by the Township Building Code Official.

A use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

Family day-care use is only permitted as an accessory use to single-family attached and detached use.

If a family day-care home is located adjacent to a nonresidential use, a parking lot, or a street with a classification higher than a residential access street, the outdoor play area shall be enclosed by a minimum four-foot high fence. Natural barriers such as hedgerows, dense vegetation, etc., may not be substituted for fencing. The outdoor play area shall be located to the side or rear of the property, and the fence height shall not exceed any other applicable height restriction imposed by this Zoning Ordinance.

No more than one person, other than members of the immediate family, may be employed.

The area for a home occupation conducted within a dwelling shall be no greater than 50% of the gross livable floor area of the dwelling with a maximum area dedicated to the home occupation of 500 square feet.

For a home occupation that is conducted within an accessory structure, the area dedicated to the home occupation shall be no greater than 500 square feet.

The total area dedicated to a home occupation shall be no greater than 500 square feet.

Home occupations must be conducted entirely within a residential dwelling that is the bona fide residence of the principal practitioner or an accessory structure that is normally associated with the residential use.

The home occupation and its associated structures shall conform to all applicable dimensional standards of the applicable zoning district in which the property is located.

The home occupation shall not have any business-related exterior storage or display of goods and/or merchandise. All storage shall occur in areas allowed for the home occupation use.

There shall be no sale of goods on the premises.

The home occupation shall not alter the exterior appearance of the dwelling or accessory structure, except to comply with any federal, state, or Township accessibility requirements.

Any use, except professional offices, which involves building alterations requiring Pennsylvania Department of Labor and Industry approval is not permitted as a home occupation use.

Family day-care homes and group day-care homes shall not be considered home occupations and are governed by § 275-63.

No home occupation shall require trash pickup in excess of that normally required for a single-family detached residential dwelling.

All home occupancy uses shall comply with the Township's Nuisance Ordinance.[1]

No occupational sounds shall be audible at the property line of the parcel on which the home occupation use is conducted.

No occupational odors shall be detected at the property line of the parcel on which the home occupation use is conducted.

No machinery or equipment shall be used that will cause interference with the radio or television reception of nearby residences or operate in violation of the Township Nuisance Ordinance.

Minor home occupations are permitted by right in all residential dwellings, and shall meet the following criteria:

Major home occupations are permitted as a special exception in all single family detached residential dwellings located on a lot that is 17,000 square feet or larger. Major home occupations are defined as uses that meet the following criteria:

No advertising shall be affixed to any part of an antenna satellite dish, or supporting structure.

Installation shall require a use and occupancy permit.

All applications must include certification by a registered engineer that the proposed installation complies with all applicable Uniform Construction Code standards,[1] including load distributions within the buildings support structure for roof-mounted installations.[2]

All installations shall be located to prevent obstruction of the antenna or satellite dish reception window from potential permitted development on adjoining properties.

General standards.

All nonresidential districts. In all nonresidential districts, ground-mounted satellite dish antennas may be erected to maximum height of 15 feet above mean ground level as measured from the base of the structure. If the subject parcel abuts a residence district, all such antennas shall be placed a minimum of 20 feet from any lot line and effectively screened from any adjoining residential property.

All residential districts. In a residential district, one accessory ground-mounted satellite dish antenna may be erected to a maximum height of 12 feet above mean ground level as measured at the base of the structure and provided the following criteria are met:

All residential districts; antennas. In any residential district, roof-mounted accessory antennas (except satellite dish antennas) may be erected on the roof of the principal or accessory building to maximum height of 25 feet above the maximum height of the building on which it is located.

All residential districts; satellite dish antennas. In any residential district, roof-mounted satellite dish antennas may be erected as a special exception when the following criteria are met:

All nonresidential districts. In all nonresidential zoning districts, roof-mounted accessory antennas of any type may be erected on the roof of the principal or accessory building to a maximum height of 35 feet above maximum height of the building on which it is located, provided the following criteria are met:

There shall be no external alteration of the building except as may be necessary for reasons of safety or improved design for otherwise permitted units. Any alterations shall reflect the architectural character of the existing building. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.

Each dwelling unit shall have two direct means of access to the outdoors or to a hall with direct access to the outdoors.

The off-street parking requirements of Article IX, herein, must be met. All dwelling units shall share the existing driveway's entrance(s) to the existing dwelling unit.

All dwelling units shall be provided with smoke detectors and fire extinguishers. A dwelling unit located at or above the second story of a converted structure must have a fire escape.

If on-site sewage systems are to be used, the applicant must submit evidence to the Zoning Hearing Board showing that the total number of occupants in the converted dwelling units will not exceed the capacities of the existing sewage systems. The Sewage Enforcement Officer shall review and approve any proposed expansion or addition of systems.

A planting screen shall be provided along the perimeter of the site and have a minimum width of 35 feet consisting of one of the following plant materials:

Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the Board of Supervisors. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.

Helicopter landing or takeoff without a valid permit may be allowed when it is done:

The applicant shall apply to the Board of Supervisors for a tentative approval of the conditional use.

Following tentative approval, the applicant shall secure all necessary state and federal licenses and permits. The applicant may submit plans for land development approval for the heliport at the same time.

After securing all necessary state and federal licenses and permits, and receiving land development approval for the heliport plan, the Board of Supervisors will grant final approval to the conditional use application.

When located in residential zoning districts, the site:

The permit shall be renewable annually.

The permit shall be automatically revoked:

When the heliport's permit and/or license has been revoked, the operator shall close the site by publishing and posting notices to that effect, and employing such visual markers as are customary for this purpose.

Other aircraft. Other aircraft such as balloons, ultralights, etc., may take off and land only at properly licensed airports or heliports. Heliport use for these purposes shall be permitted only when authorized by the Board of Supervisors as a conditional use. The Supervisors may limit the hours of operation and number of aircraft involved as part of their approval.

Identify any traffic problems that may be created in the existing highway network as a result of the proposal.

Delineate solutions to potential problems and to present improvements to be incorporated into the proposal or into the highway and/or public transit systems within the study area.

Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit, where available.

A traffic impact study shall be submitted with all requests for change of zoning, special exception, conditional use, and as part of the preliminary plan application for all subdivisions and/or land developments and/or planned residential developments when the proposed use and/or development involves 30 or more dwelling units or 25,000 square feet of nonresidential floor area.

An application which requires a traffic impact study shall not be considered complete until the traffic impact study is submitted to the appropriate review body in accordance with the provisions of this section.

The appropriate review body, at its discretion, may require any other subdivision, land development, zoning change, special exception or conditional use application to be accompanied by a traffic impact study.

Site description.

Transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system:

Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area and shall include:

Impact of development.

Analysis of impact.

Conclusions and recommendations.

The name of the operator of the facility.

The type of the program.

The maximum number of residents proposed.

The date of issuance or anticipated issuance of state and county certificates, licenses and/or approvals.

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

To minimize adverse visual effects of cellular/digital communications antennas and antennas 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 any new antenna support structures to reduce the number of such structures needed in the future.

An antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structures, 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 to an existing structure, a full site plan shall not be required.

A cell site with an 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 as a conditional use as follows:

All other uses ancillary to the antenna, 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.

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

If the cellular/digital communications company proposes to build an antenna support structure or other structure (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular/digital communications companies, other communications towers (fire, police, etc.) and other tall structures. The municipality may deny the application to construct a new antenna support structure if the applicant has not made a good faith effort to mount the antenna on an existing structure.

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. The applicant must also demonstrate, using technological evidence, that the facility must be located as proposed to serve the company's system.

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, right-of-way, building, structure, parking space shall be the largest of the following:

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

Fencing. A fence shall be required around the antenna support structure, guy wires, and other equipment, unless the antenna is mounted on an existing structure. The fence shall be eight feet in height, exclusive of barbed wire protection. All guy wires shall be clearly marked so as to be visible at all times.

Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general, soften the appearance of the cell site. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

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

The cellular/digital communication company must demonstrate that it is licensed by the Federal Communications Commission.

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 equal the number of people on the largest shift.

Antenna support structures under 200 feet in height should be painted silver or 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 (FAA) regulations. No antenna support structure may be artificially lighted except when required by the FAA.

The applicant shall be required to remove the antenna support structure if use of the same is discontinued and removal is requested by the Board of Supervisors.

A full site plan shall be required for all cell sites, showing the antenna(s), antenna support structure, building, fencing, buffering, access, and all other requirements of Chapter 215, Subdivision and Land Development, as amended. The site plan shall not be required if the antenna is to be mounted on an existing structure.

The applicant shall demonstrate that the poor quality or nonexistence of digital/cellular communications in the area to be served by the cell site and structure for which the conditional use is sought results in a significant gap in service in such area that will be reduced or corrected by the cell site and structure proposed by the applicant. Further, the applicant shall demonstrate that it has made a diligent and good faith effort to identify and evaluate less intrusive alternatives to the cell site and structure for which approval is sought, including, without limitation: consideration of less sensitive sites within and outside of the Township; alternate system designs; alternate tower designs; and placement of antennas on existing structures. In demonstrating that it has made a diligent and good faith effort to place its antennas on existing structures, the applicant must identify all existing structures on which the applicant's antennas may be located to provide coverage in the area sought to be served by the applicant's antenna and identify with specificity the reason or reasons the applicant is unable or unwilling to locate the applicant's antenna at or on any such existing structures. The fact that the owner or other party with rights in or to any such existing structure requires a license or rental fee for occupancy of such structure, and/or the execution of a license or other occupancy agreement upon reasonable terms and conditions as such owner or other party may require, shall not be deemed sufficient justification for the applicant's unwillingness to locate the applicant's antennas at such structure. The approval of an applicant's application for conditional use to locate a cell site and structure in the Township may be conditioned upon, among other requirements, a requirement that the applicant make sufficient space available on its structure to allow other telecommunications providers to locate their antennas at or on the applicant's cell site and structure.

Notwithstanding any provision in this section to the contrary, the Township shall evaluate each applicant's plans, proposal and other supporting documentation and information in accordance with the requirements of the Telecommunications Act, as the same may be amended, from time to time, and any successor laws imposing requirements or restrictions on local governments in evaluating applications for approval of wireless communications facilities.

Tract size shall be a minimum of 25 contiguous acres.

The tract shall be serviced by a municipal or community sewer system deemed acceptable by the Township Board of Supervisors and approved by the Pennsylvania Department of Environmental Protection (PADEP).

In order to protect the groundwater and aquifer recharge in the Township, cluster subdivision will not be permitted on land that is underlain with more than 10% Diabase geologic formation (as mapped in the State Topographic and Geologic Survey, or as shown by the applicant through independent testing). Provided, however, that a greater percentage of the site may be underlain by Diabase, up to but not exceeding 50% of the site, based upon the results of a water availability study conducted by the applicant, at his expense. The study shall provide for the preparation of aquifer testing to assure that sufficient water supply is available for the proposed use. The study shall be conducted to determine sources of water, and any impacts on existing wells and groundwater. Testing and monitoring shall be provided for those existing wells located in the Well Protection Zone that are designated community or individual wells necessary to serve the proposed development. All testing and monitoring shall be consistent with all applicable guidelines established by the Delaware River Basin Commission (DRBC) and the PADEP. The applicant shall provide an escrow in an amount established by the Township for the Township to engage the appropriate consultant(s) to review and comment on said study.

The Cluster Subdivision Overlay can only be applied to those tracts of ground as mapped on the Official Zoning Map as adopted and referenced in § 275-91, Number of units and lot area calculations.

To determine the maximum number of lots permitted on a tract, the applicant shall submit a yield plan for the tract. The yield plan shall meet the district regulations and dimensional standards for the underlying residential district(s) in which the tract is located. The number of lots obtained on the yield plan will be the maximum number of lots permitted in the cluster subdivision as reviewed and approved by the Township. The yield plan shall be drawn to the standards of a sketch plan (§ 215-16 of Chapter 215, Subdivision and Land Development). Compliance with the standards of these cluster subdivision provisions does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling styles, building and/or lot sizes, natural constraints of the development site, or other factors.

One of the following lot size/minimum open space requirements shall be chosen by the applicant for each development site. Open space shall conform to the definition of said term as contained in § 275-45 of this chapter.

Minimum lot width:

Minimum yard requirements:

Applicants are strongly encouraged to meet the spirit of the objectives of the Traditional Neighborhood Development from the Pennsylvania Municipalities Planning Code, Article VII-A, Section 701-A, Subsection b.[1]

Facade treatment (i.e., architectural details) and overall color palate must be varied throughout a cluster development. In no instance shall more than one out of five contiguous dwelling units shall have the same facade treatment and color palate. Dwelling units directly across from each other on opposite sides of any street may not have identical facade treatments and overall color palates. In addition, dwelling units within 100 feet of each other on opposite sides of the street as measured between the closest sides of the dwellings as shown in the sketch below, shall not have identical facade treatments and color palates.

All attached garages must be varied in their location. For side-entry garages, no more than six in a row shall be on the same side of the dwelling. It is strongly encouraged that when it is feasible, garages should face each other on adjacent lots. If there are front-entry garages, there shall be no more than three dwelling units adjacent to each other with front-entry garages. These requirements for garage placement shall be met unless the applicant proves to the satisfaction of the Board of Supervisors that the site can be developed in no other practical way and at least one of the following conditions exist:

Class One uses. Places of worship with less than 150 seats with none of the following: community center, school, day-care center, cemeteries or recreational fields.

Class Two uses. Places of worship that include any one of the following additional uses and/or criteria:

Minimum developable lot area: two acres.

Minimum lot width: 150 feet.

Minimum building setback.

Maximum building height: 35 feet. Spires and steeples for places of worship shall be exempt from the height limitations, provided the height of such feature shall not exceed the building height by more than 25%.

Maximum building coverage: 10%.

Maximum impervious coverage: 35%.

Minimum vegetation, trees or landscaping: 30%.

Minimum distance between buildings: 25 feet.

Minimum parking area setback:

Minimum tract size: 10 acres.

Minimum width at building setback line: 400 feet.

Minimum street frontage: 200 feet.

Minimum building setback:

Maximum building height: 45 feet. Church spires and steeples shall be exempt from the height limitations, provided the height of such feature shall not exceed the building height by more than 25%.

Maximum horizontal building dimension: 400 feet.

Maximum building coverage: 5%.

Maximum impervious coverage: 20%.

Minimum vegetation, trees or landscaping: 50%.

Minimum distance between buildings: 40 feet.

Minimum parking area setback:

Traffic and access. The applicant shall demonstrate to the Township Engineer and the Board of Supervisors that satisfactory provisions are made to prevent traffic congestion and hazards to the surrounding area. Provisions shall be made for safe and efficient ingress and egress to and from the development. The Board of Supervisors may require a Traffic Impact Study for any use in this district when they determine, after consulting with the Township Engineer, that such a study is necessary to demonstrate the adequacy of the access points and streets for accommodating the traffic generated by the proposed use. Existing residential areas shall not be infringed upon by significant volumes of traffic from the proposed use.

Water. If expected demand for water is in excess of 500 gallons per day, the applicant shall demonstrate to the Board of Supervisors that a well on the site will not adversely affect existing water supply systems in the area.

Neighborhood impact. The impact of the proposed use on the surrounding properties and neighborhood shall be considered. The use shall not adversely affect the general welfare or orderly development of the general neighborhood in which it is proposed. The scale, form, and appearance of structures and open space should be compatible with the general character of the residential area. The applicant is encouraged to present evidence on the need for the proposed use including data on the location of other similar uses in the Township and surrounding areas.

Landscaped buffers and screens. In order to enhance the aesthetic character of the community, suitable vegetation shall be planted along streets, between lots, and between zoning districts, as follows:

Accessory residential uses. Residential uses may be permitted only as accessory uses, incidental to the institutional functions of a place of worship.

Accessory outdoor recreation uses (Class Two uses only). No outdoor play areas shall be located closer than 50 feet to any property or street line, and outdoor play areas shall be located behind main buildings and shall be sufficiently screened to protect the neighborhood from excessive noise and other disturbances. Outdoor play areas include playgrounds and ball fields for group activity.

Lighting. Exterior lighting of buildings or grounds shall not be located more than 12 feet above grade, shall be screened so as not to permit the source of illumination to be seen from off the premises, shall not cast measurable illumination off of the subject property and shall not create a nuisance or intrusion to the privacy of adjacent property owners or to the public.

Hours of operation. For nonreligious activities, hours of operation shall be limited as authorized by the Board of Supervisors.

A community impact analysis shall be submitted to the Township containing the following information for review by the Township Planning Commission and the Board of Supervisors:

The use shall not generate noise, noxious odors, air pollution or glare, or result in pedestrian-vehicular conflict or other safety hazards to people or property. Outdoor recreation facilities shall only be permitted where the noise generated by the use will have a minimal impact on nearby residential uses.

Outdoor storage, waste disposal, and loading areas shall be screened from streets and adjacent uses to preserve the character of the surrounding area. Such activities shall be located to the rear of structures. The location and design of parking areas shall be in harmony with preserving the general appearance and character of the area.

The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement.

Drive-throughs located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.

Hours of operation shall be set as a condition of the conditional use permit.

Drive-through uses are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other public and semipublic uses that have substantial pedestrian traffic without providing proper safety measures and visual buffering.

The drive-through use shall be screened from adjacent residential land uses by screening vegetation.

Landscape buffering shall be placed between drive-through lanes and adjacent properties.

Drive-through uses may abut only arterial streets and access shall not be taken from residential streets.

Access must be taken to adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50% of the length of the side of either lot.

All driveway entrances and exits must be set back at least 50 feet from an intersection.

The stacking lanes for drive-through facilities shall not cross or pass through off-street parking areas. Nor shall stacking lanes cross or be crossed by pedestrian accessways.

The drive-through lane shall not be the sole ingress and egress to the site.

The minimum horizontal radius for curvature of a drive-through lane shall be 18 feet.

The length of the drive-through lanes shall be measured along the center line of the prescribed vehicular path.

Drive-through lanes shall be marked by signs which indicate the entrance and exit for the drive-through lane.

A bypass or escape lane of at least 10 feet must be provided for emergency purposes and for ease of circulation.

Drive-through lanes are to be separated from parking aisles by painted lines. The lanes and stacking areas shall be a minimum of 12 feet wide.

Lane separation. An on-site circulation pattern is to be provided for drive-through traffic that separates such traffic from that of sit-down or walk-in patrons.

Overhead canopies shall be set back 10 feet from any street right-of-way and property line and 20 feet from any residential property line. The total height for any overhead canopy shall not exceed 20 feet.

Service areas and stacking lanes must be set back at least 10 feet from all lot lines.

Outdoor speaker or menu boards must be set back at least 50 feet from all lot lines.

Nature of the product or service being offered.

Method by which product or service is being offered (e.g., window service or brought to vehicle by employee).

Time required to service typical customer.

Arrival rate for patrons.

Peak demand hour.

Anticipated vehicular stacking required.

Anticipated traffic generation.