Middle Smithfield Township
City Zoning Code
City Zoning Code
ARTICLE XIII
Miscellaneous Provisions
§ 130-010 Compliance required.
All uses and activities established after the effective date of this chapter shall comply with the standards and regulations set forth in this article.
§ 130-020 Site capacity calculations.
A.
Each site is unique, containing varying amounts of environmentally constrained natural resources that should be considered as development occurs. It is the purpose of this section to determine the appropriate intensity of use to which a site may be developed.
B.
The following site capacity calculations shall be submitted with all applications for subdivision or land development. Through these calculations, the maximum number of dwelling units, the maximum amount of impervious surfaces and the required open space shall be determined.
C.
Base site area. Calculate the base site area. From the total site area, subtract future rights-of-way of existing public or private roads; existing utility rights-of-way; land area occupied or proposed to be occupied by a nonresidential use and its parking (This phrase does not apply to calculations for nonresidential projects.); land which is not contiguous or which is separated from the parcel by a road or railroad; or land shown on previous subdivision or land development plans as reserved for open space.
Total Site Area = | __________________ acres | |
Less area of items noted in § 130-020C above | __________________ acres | |
Base Site Area = | __________________ acres |
D.
Land with resource restrictions and resource protection land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations.
Resource | Open Space Ratio | Acres of Land in Resources | Resource Protection Land (Acres x Open Space Ratio) | |
|---|---|---|---|---|
One-hundred-year floodway | 1.00 | x ___________ acres | = ___________ acres | |
Wetlands | 0.75 | x ___________ acres | = ___________ acres | |
Slopes 25% or more | 0.75 | x ___________ acres | = ___________ acres | |
One-hundred-year floodplain | 0.50 | x ___________ acres | = ___________ acres | |
Slopes 15% to 25% | 0.10 | x ___________ acres | = ___________ acres | |
Land with Resource Restrictions | ___________ acres | |||
Resource Protection Land | ___________ acres | |||
F.
Minimum required open space. Determine the required open space for any residential subdivision or land development requiring open space. [NOTE: Applicants shall also provide recreation land where required.]
Adjusted Tract Area | ___________ acres | |
Percent of Open Space Required by Use Category x | ___________ | |
Minimum Required Open Space | ___________ acres |
G.
Number of dwelling units. Calculate the maximum permitted number of dwelling units. The applicant shall not round up unless the number of units calculated is less than one, in which case the applicant may round up to permit one dwelling unit.
Adjusted Tract Area | ___________ acres | |
Multiply by Maximum Permitted Density (Table 130-030A or Article XIII) x | ____________ | |
Maximum Number of Dwelling Units | ___________ units |
H.
Impervious surfaces. Calculate the maximum permitted area of impervious surfaces. The maximum permitted impervious surface ratio is found in the Table of Performance Standards set forth herein.[1]
Adjusted Tract Area | ___________ acres | |
Multiply by Maximum Permitted Impervious Surface Ratio (Table 130-030A or Article XIII) x | ___________ | |
Maximum Permitted Impervious Surfaces (Total Site) | ___________ acres |
[1]
Editor's Note: The Table of Performance Standards is included at the end of this chapter.
J.
Exception. As part of a minor subdivision (as defined by the Subdivision and Land Development Chapter[2]), one new residential lot may be subdivided from an existing lot without needing to comply with the adjusted tract area. This exception shall be a one-time exception for a single lot. Only one lot shall be exempt for each lot that existed on or before October 14, 2004. The new lot shall still need to comply with all requirements of this chapter. This exemption shall only apply to a lot approved for one single-family detached dwelling. For informational purposes only: For example, if a lot included 10 acres in a district with a one-acre minimum lot size requirement, then one new one-acre lot could be created. However, any future subdivision of the remaining nine acres would need to comply with the adjusted tract area.
§ 130-030 Performance standards.
A.
Table 130-030A[1] establishes the performance standards for the various zoning districts; except where greater standards are established in this chapter, the strictest standard shall govern. In order for the other standards set forth in the use regulations to apply, all requirements in that section must be met.
[1]
Editor's Note: The Table of Performance Standards is included at the end of this chapter.
B.
Zoning district and type of use: For each zoning district noted, the type of use is noted with further detail on the requirements for water and sewer services. The table must be used in conjunction with the use regulations in Article IV.
C.
Minimum lot area: the minimum area required for each type of use noted. Specific use regulations may provide more restrictive criteria on a project basis (i.e., minimum site area).
D.
Minimum lot width at the minimum building setback line: For each existing or new lot to be created, the figure provided in this column represents the minimum width as noted.
E.
Front, side and rear yards: These columns, as defined in Article II, provide the minimum footage required for each yard as noted.
F.
Maximum percent building coverage: This number shall be the maximum permitted amount of building coverage for a use or development on the entire tract of land.
G.
Maximum percent impervious coverage: This number shall be the maximum permitted amount of impervious surfaces for a use or development on the entire tract of land.
§ 130-040 Height.
Except as provided in the definition of "height" in Article II herein or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts and zoning overlay districts.
A.
The maximum height of a structure that is accessory to a dwelling on a lot of less than five acres shall be two stories or 35 feet, whichever is more restrictive. The second story shall be limited to nonhabitable storage areas.
B.
A building height of up to a maximum of five stories shall only be allowed if the building is within 1.0 mile of the center line of U.S. Route 209 and if approved as a conditional use, provided the applicant proves to the satisfaction of the Board of Supervisors that the following additional requirements will be met:
(1)
The taller height shall be limited to the following uses, provided such use is allowed in the applicable district: time-share units, age-restricted housing, motels/hotels, hospitals, primary and secondary schools and offices.
(2)
The applicant shall provide expert testimony that there will be suitable access to the building for emergency apparatus and a suitable water supply and fire flow. The Board of Supervisors shall have the authority to deny the taller height if the applicant is not able to satisfactorily resolve emergency concerns, in the determination of the Board of Supervisors.
(3)
A building height of greater than 45 feet shall only be allowed if the building is set back a minimum of the height of the proposed structure from a lot line of an adjacent lot occupied by a single-family dwelling in a residential district, or 1.5 times the height of the proposed structure from an existing residential structure in a residential district, whichever is more restrictive.
(4)
For those portions of the proposed structure that are over 45 feet, based on the height of the structure as determined by the definition of "height" provided in Division 20 herein, the applicant shall provide evidence on how the applicant has minimized the effect of the proposed structure on those portions of the building over 45 feet from other lots in residential districts that are within 1,000 feet of the proposed structure.
C.
The maximum height for any structure not addressed in Table 130-030A[1] (such as principal buildings in residential districts) shall be 3.5 stories or 45 feet, whichever is more restrictive.
[1]
Editor's Note: The Table of Performance Standards is included at the end of this chapter.
D.
The maximum height for any standalone, outdoor non-building structure, such as a statue, monument, or artificial landscape feature, ornament, or decoration, shall be 12 feet from the ground elevation at the base of the structure, unless another provision in the Zoning Ordinance addresses a height limitation for a specific type of structure, and permits a higher height limit for such structure. The height limitation of the structure is inclusive of a base or pedestal. The ground level shall not be artificially increased at the base, such as through use of berming or retaining walls, to increase the total allowed height of the structure. If the structure is located on a sloped site, the grade level shall be based upon the side of the structure that is closest to the nearest street.
[Added 11-14-2019 by Ord. No. 228]
§ 130-050 Optional transfer of development rights (TDR).
A.
Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
B.
Applicability.
(1)
The transfer of development rights shall only officially occur at the time of final approval of a subdivision or land development plan. The approval of a preliminary plan shall be conditioned upon compliance with this section. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement on the sending property and a written, signed and notarized agreement by the owner of the sending property acknowledging and agreeing to the application.
(2)
The conservation easement shall be drafted so that it is binding if the receiving property is granted final plan approval. The conservation easement shall be recorded at the same time as, or prior to, the final plan for the receiving property. If a final plan is recorded in phases, then the conservation easement may be recorded in corresponding phases.
(3)
The form of the conservation easement shall be acceptable to the Board of Supervisors, based upon review by the Township Solicitor and Planning Commission. In the case of agricultural land, the standard language for an agricultural conservation easement used by the County Agricultural Land Preservation Board may be utilized.
(4)
A sending property shall be located within either the CON or RR Zoning Districts and shall contain a minimum lot area of 10 acres.
(5)
A receiving property shall be located within the R2, R3, C1, C2 or I Districts.
(6)
The owners of the sending and receiving properties shall voluntarily commit to participate in the transfer of development rights. Once such transfer of rights and conservation easement are established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Township is under no obligation to pay the owner of the sending property.
(7)
Donations or intermediaries. The right to develop a sending property may be purchased by or donated to the Township, the county or an established incorporated nonprofit organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation.
C.
Determination of density.
(1)
Lot area excludes the right-of-way of any existing street and any existing utility easements. For each dwelling unit located on the lot, subtract one TDR from the total number calculated.
(3)
If the agreement of sale of development rights would entail less than an entire tax parcel, the following additional regulations shall apply:
(a)
The portion of the tax parcel involved in the proposed sale of development rights shall be described by metes and bounds and must be shown on a plot plan.
(b)
Where a portion of the total available TDRs are sold from a lot or property, the future sale of additional TDRs from that property shall occur so that the land from which TDRs are sold is contiguous, to the greatest extent possible, to the lands from which TDRs were previously sold.
(c)
Where a conservation easement would be established in phases over time, each phase shall be contiguous with a previous conservation easement unless the applicant proves to the satisfaction of the Board of Supervisors that there is a valid public purpose for the easement to not be contiguous.
(d)
Where a portion of the total available TDRs from a lot or property are sold and the owner of the lot intends to develop the remaining portion of the lot, the remaining development potential shall be calculated on the basis of the number of dwelling units which could have been constructed on the lot or property without the sale of TDRs. When the applicant intends to develop the lands remaining after the sale of TDRs from a portion of a tax parcel, the number of TDRs sold shall be subtracted from the total development potential of the property to determine the number of dwelling units that could be built on the lands remaining, in accordance with the following example:
Available TDRs for entire tax parcel as calculated in this section | 100 | |
TDRs proposed to be sold | 50 | |
Total remaining development potential which can be built on the tax parcel on the lands from which TDRs have not been sold (difference between total available and TDRs sold and transferred) | 50 dwelling units |
(4)
For informational purposes only: If, for example, the site capacity calculations (See § 130-050C) determines that 10 new dwelling units would be allowed under current zoning on the sending property and the sending property will be preserved by a conservation easement, then the right to develop 10 additional dwelling units may be transferred to the receiving property. The development of the receiving property shall still comply with all other requirements of this chapter, except for the maximum density, which shall be regulated by this section.
(5)
The receiving property shall be permitted to include the increased total number of dwelling units above the number that would otherwise be permitted, as approved by the Township based upon the site capacity calculations (See § 130-050C.), provided such dwelling unit types are permitted within the underlying zoning district. However, in no case shall the following lot areas and densities be exceeded:
(a)
If a lot does not have both regulatory agency-approved central water and central sewage service, the minimum lot area shall be one acre and the minimum lot width shall be 150 feet.
(b)
If a lot has both regulatory agency-approved central water and central sewage services:
[1]
For single-family detached dwellings in the R-2 District, the minimum lot area shall be 21,780 square feet and the minimum lot width shall be 100 feet.
[2]
For single-family detached dwellings in the R-3 District, the minimum lot area shall be 10,000 square feet and the minimum lot width shall be 80 feet.
[3]
For dwelling units other than single-family detached, the area and dimensional requirements for that specific dwelling unit type in that zoning district shall apply.
(6)
For nonresidential uses, the receiving property within the C1, C2 and I Districts shall be permitted to increase the maximum permitted impervious surface coverage by up to and not exceeding 10% where TDRs are transferred to the site in accordance with this chapter. For every 3,000 square feet (or portion thereof) of impervious surface added beyond impervious coverage permitted within the underlying district, one transferable development right (TDR) must be acquired and transferred to the site.
(7)
Utilities. To receive a transfer of development rights, all lots of less than one acre on the receiving property shall be served by Township-approved central sanitary sewerage service and central water service.
D.
Once a conservation easement is established under a transfer of development rights, it shall be permanent, regardless of whether the receiving property is developed. The approval to develop the receiving property in a higher density shall be treated in the same manner as any other final subdivision or land development approval. The Board of Supervisors may extend time limits to complete the development of the receiving property in response to a written request.
E.
As part of a transfer of development rights, the development of the receiving property shall comply with all Township requirements except for provisions specifically modified by this section.
F.
Land from which TDRs have been sold may be used only for the following purposes:
(1)
Agriculture: production of crops, livestock and livestock products and field crops, fruits, vegetable crops.
(2)
Nursery: horticultural specialties, nursery stock, shrubs, trees and flowers.
(3)
Accessory retail sales of agricultural products in accordance with the requirements of this chapter for agricultural retail use.
(4)
Preservation of natural landscape by leaving land and resources undisturbed in forest, field, wetland or other natural and unaltered state.
G.
No zoning permits shall be issued for other uses, and no land development approval shall be granted for other uses.
H.
The land from which development rights have been sold shall not be used to meet the open space requirements or minimum lot area or yard requirements for any other use nor may it be used for any other purpose that would support or serve development, including but not limited to fields for land application of sewage, sewage lagoons, stormwater management facilities, utilities or other uses.
I.
Voluntary use of development rights. Uses meeting the requirements of this ordinance and other ordinances of the Township shall be approved up to the maximum density or impervious surface ratio as permitted for uses without the purchase of development rights. Nothing in this Ordinance shall require a landowner to purchase developmental rights.
J.
Transfer and recording. Development rights shall be recorded in the Monroe County Recorder of Deeds office in accordance with its regulations. All transfers and recording shall be conveyed and recorded in full compliance with the MPC rules governing transferable development rights.
K.
Transferable development rights may be used only in the districts and for the uses designated by this chapter. Transferable development rights may not be used to increase the density of any use unless specifically permitted by this chapter.
L.
No final plan approval shall be granted until the applicant has presented to the Township an agreement of sale or other documentation to demonstrate, to the satisfaction of the Township, that the necessary TDRs have been acquired to support the proposed development.
§ 130-060 General regulations.
A.
Number of principal uses and principal structures per lot.
(1)
C1, C2 and I Districts: A lot in a C1, C2 and/or I District may include more than one permitted principal use per lot and/or more than one permitted principal structure per lot, provided that all of the requirements set forth in the Table of Performance Standards (Table 130-030A)[1] and general regulations set forth herein are met for each principal use and for each principal structure.
(a)
If differing dimensional requirements apply for different uses and/or structures on a lot, then the most restrictive requirement shall apply. For example, if Use 1 or Structure 1 requires a one-acre lot area and Use 2 or Structure 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan proving that each proposed principal use and/or each proposed principal structure shall meet the requirements of this chapter.
(c)
All principal use(s) and/or principal structure(s) on the same lot shall be in common ownership.
[1]
Editor's Note: The Table of Performance Standards is included at the end of this chapter.
(2)
R1, R2 and R3 Districts: A lot within a R1, R2 and/or R3 District may include more than one permitted principal dwelling unit per lot, provided single-family detached dwellings shall not exceed three dwelling units per lot and all of the area and dimensional requirements are met for each dwelling unit.
(a)
If differing dimensional requirements apply on the lot, then the most restrictive requirement shall apply. For example, if Permitted Principal Dwelling Unit 1 requires a one-acre lot area and Permitted Principal Dwelling Unit 2 on the same lot requires a two-acre lot area, then each permitted principal dwelling unit shall meet the more stringent requirement (i.e., in this case, each would have a minimum lot area of two acres).
(b)
The applicant shall submit a site plan that demonstrates that each permitted principal dwelling unit shall meet the requirements of this chapter and would be amenable to subdivision.
(c)
All permitted principal dwelling units on the same lot shall be in common ownership.
B.
Height exceptions. The height of the structure shall be determined on the principal structure itself and not based on the height of any nonhabitable appurtenant structure to a principal structure such as a clock tower, bell tower, steeple on a place of worship, elevator shaft, skylight, chimney or other appurtenances usually required to be and customarily placed above the roof level.
C.
Projections into required yards. There shall be no permitted projections into the minimum required front yard, rear yard and/or side yard setback area in any district.
D.
Traffic visibility across corners.
(1)
In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two feet above curb level and a horizontal plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear-sight triangle bounded by the two street lines (rights-of-way) and a straight line drawn between points on each such line 25 feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 50 feet from the intersection of said lines or extension thereof.
 |
(2)
At each point where a private accessway intersects a public street or road, a clear-sight triangle of 10 feet, measured from the point of intersection of the street line and the edge of the accessway shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
E.
Future rights-of-way.
(1)
Future right-of-way widths are established for those roads wherein the existing legal right-of-way is less than that indicated below for the particular class of road. The center line of each future right-of-way shall be considered the same center line as the existing right-of-way. The specific classification for each road is shown in Appendix C, Functional Classification of Streets, as amended, attached hereto and incorporated by reference herein this section.[2]
[2]
Editor's Note: Appendix C is included at the end of this chapter.
(3)
Existing streets.
(b)
Where a front, side or rear yard would abut an existing street, then such yard shall be measured from the minimum distance from the center line of the street right-of-way outlined below and not from the existing right-of-way line. For example, if the existing street right-of-way is 33 feet and is classified as a collector street, then the front yard shall begin its measurement from a point 30 feet from the center line of the right-of-way and not the 16.5 feet which would be the edge of the existing right-of-way. The extra 13.5 feet is to be reserved for future right-of-way widening, and if the front yard setback is 40 feet, then the front yard setback line is 40 feet, plus the 13.5 feet for the future right-of-way widening for a total front yard setback of 53.5 feet from the existing right-of-way line. The line parallel to the existing right-of-way line and allowing for the future expansion of the road right-of-way line is defined as the "street line," as used herein.
F.
Front yard requirements. Where a minimum depth of front yard is specified, an open space of at least the specified depth shall be provided between the street line(s) and the nearest point of any structure. Street lines are considered to be established by the future rights-of-way when so designated to avoid interference with anticipated future road widening and improvements (including, but not limited to, sidewalks and drainage facilities).
G.
Corner lots and through lots.
(1)
A lot with frontage on two or more streets shall meet the minimum required front yard setback for each street.
(2)
In case of a corner lot, a rear yard is required, but such yard may be any yard not fronting on a public street.
(3)
In cases of through lots, one yard fronting on a street shall be designated on the plans as the rear yard, and the yard fronting on the other street shall be designated on the plans as the front yard. A single lot shall not be required to have more than two front yards.
H.
Accessory structures and uses. Accessory structures and uses shall meet the minimum setback requirements as provided for in Table 130-030A[3] unless otherwise provided for in this chapter.
[3]
Editor's Note: The Table of Performance Standards is included at the end of this chapter.
§ 130-070 Guarantee of lot yield or development.
This chapter contains standards for lot sizes, building coverage and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other chapter requirements, as well as other federal, state and municipal regulations, will all affect development potential.
§ 130-080 Sewage facilities systems and water services.
B.
Central water service. A use shall not be considered to be served by Township-approved central water service unless:
(1)
All applicable requirements of state regulations and the SALDO are met;
(2)
The applicant proves, to the satisfaction of the Township, that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3)
The applicant proves, to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.
C.
Central sewage service. A use shall not be considered to be served by Township-approved central sewage service unless:
(1)
All applicable requirements of state regulations and the SALDO are met;
(2)
The applicant proves, to the satisfaction of the Township, that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3)
The applicant proves, to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.
D.
Connection to a larger system. Any nonpublic central water or central sewage system developed after the adoption of this chapter shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system.
(1)
Such a system shall include appropriate utility easements and/or rights-of-way within property controlled by the developer extending to the borders of the development to allow future interconnections at logical points.
(2)
At the time of subdivision or land development approval, the Board of Supervisors may request that agreements be established so that a central water or sewage system is dedicated to the Township after completion of the development or at such other time as is mutually agreed upon. A developer who dedicates a central water or sewage system to the Township shall retain the right to use or sell the capacity of the system that was funded by the developer. The Middle Smithfield Township Sewer Department may require an applicant to post a bond to guarantee proper operation of a system for at least two years after dedication.
E.
On-lot sewage system.
(1)
Purpose: to ensure that a suitable location is available for a replacement system if the original sewage system should malfunction.
(2)
This section shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter.
(3)
Each lot shall include both a primary and a reserve sewage system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for a sewage system location prior to approval of the final subdivision or land development plan.
F.
Reserve sewage system.
(1)
The requirement for a reserve sewage system location shall not apply to the following:
(a)
A lot of over 10 acres;
(b)
The simple merger of two or more existing lots or an adjustment to lot lines of an existing lot;
(c)
A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot;
(d)
Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township; or
(e)
An approved spray irrigation or drip irrigation system.
(2)
The reserve sewage system location shall be kept clear of buildings and parking and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.
G.
Well and sewer system locations. Every plan for a subdivision or land development for a new principal building that will be served by a well and/or on-lot sewer system shall designate the proposed well and primary and alternate sewer system locations.
(1)
Such plan shall show that the proposed locations will meet the minimum isolation distances established by PA DEP regulations between a well and sewage systems on the subject lot and all adjacent lots.
(2)
A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.
(3)
If the well or sewage system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of a zoning permit.
(4)
It is requested that well sites be placed in the front yard, thereby allowing sewage systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between sewer systems and wells.
H.
Expansion of sewage use. Any proposed increase in the number of dwelling units and/or expansion and/or change of a nonresidential use shall be referred by the Zoning Officer to the Sewage Enforcement Officer for a determination as to whether a modification, expansion and/or replacement of the sewage system will be required to handle the proposed flow.
§ 130-090 Buffer yards and landscaping.
[Added 12-30-2013 by Ord. No. 198]
A.
Buffer yards with plant screening complying with the following standards shall be required under the following situations, unless a more restrictive requirement is established by another requirement of this chapter:
(1)
A minimum forty-foot-wide buffer yard with plant screening shall be required along the rear and side lines of any lot used principally for nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot. The plant screening shall primarily use evergreen plants. If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived, in writing by the Zoning Officer. The requirements of this section are modified in the following circumstances:
(a)
If a principal business use will include areas used for manufacturing or will have a loading dock that will be serviced by tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard between such manufacturing area and/or loading dock and a lot line of an existing principal dwelling shall be increased to 60 feet.
(b)
A buffer yard shall not be required between a dwelling and a principal business use on the same lot.
(2)
A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except for deciduous canopy trees that may be approved by the Township.
(3)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials storage, loading and unloading areas, or vehicle parking or display.
(4)
Fence. Any fence in a buffer yard shall be placed on the inside (nonresidential side)of any required plant screening.
(5)
A well or septic system may be placed within a buffer yard, provided the landscaping and tree preservation provisions are still met.
(6)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have a minimum height, when planted, of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the ground level, shall be placed for each 40 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(b)
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height. The use of native species is encouraged.
(c)
The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d)
The plant visual screen shall extend the full length of the lot line, except for Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot; locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.
(e)
Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.
(7)
Buffer yard plans.
B.
Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks, designated storage areas and other approved uses, and which is not maintained in existing natural trees and natural vegetation, shall be maintained with a vegetative ground cover and shall be kept free of debris.
C.
Street trees. See the provisions in the Subdivision and Land Development Chapter. A tree required under the Zoning Chapter may also be used to meet a requirement under the Subdivision and Land Development Chapter if the tree would meet the requirements for both ordinances.
D.
Parking lot landscaping. See the provisions in the Subdivision and Land Development Chapter.
E.
Review and approval. Where landscaping is required by this chapter, the applicant shall submit the landscaping information on a site plan or an accompanying plan that shows proposed initial sizes, locations and species of plantings.