Middletown Township
City Zoning Code
City Zoning Code
ARTICLE XXI
General Provisions
§ 275-119 Purpose.
The overall intent of these general provisions is to state the supplementary regulations and standards which are common to all uses in any zoning district.
§ 275-120 Applicability.
This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if upon petition of such corporation, the Pennsylvania 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. For the purposes of this section and chapter, a "public utility" shall be defined and limited as provided under the terms of the Pennsylvania Utility Code.
§ 275-121 Use requirements and restrictions.
A.
General restrictions on use. No building may be erected, altered or used, and no lot or premises may be used for any trade, industry or business that is hazardous to the public whether by fire, explosion or otherwise. In determining whether a proposed use is hazardous, each such use shall be analyzed according to the environmental controls of this article.
B.
No internal combustion engine shall be used unless objectionable noise and vibration are eliminated and safe disposition is made of exhaust gases.
C.
No more than one permitted principal use shall be permitted on a lot, except in the following cases:
(1)
Development in the SU Special Use Districts.
(2)
Multiple tenant occupancy as related to the C-1, C-2, and C-3 Districts for uses involving shopping centers.
D.
Unless otherwise exempted by other provisions of the Township Code, no activities which require the moving of earth or the filling or excavation of an area shall occur without a permit issued by the Township, pursuant to Chapter 186 of the Township Code. Finish grading or incidental grading of a lot and minor earth moving from one place to another on a lot for such activities as landscaping or pond maintenance may not require such a permit. The deposit and storage of soils, detritus or other debris shall be done in a way which is not unsightly or detrimental to surrounding properties, streets, sewers and natural watercourses.
E.
It shall be unlawful for any person, persons or business entity of any type, or their principals, officers, agents, and employees, to engage in earthmoving, drilling, grading or any type of excavation work, including, but not limited to, any activities that require a permit pursuant to § 275-121D, within a right-of-way occupied by a natural gas liquids pipeline that is within 1/4 mile of the property line of any school in the Township during the hours of 7:00 a.m. to 6:00 p.m. while the school is in session.
F.
Any person, persons or business entity found guilty of violating any of the foregoing provisions shall be subject to a fine of $500 per day per violation, upon conviction before a Magisterial District Judge. Should any act of assembly permit a fine in an amount greater than $500, the greater of that amount or $500 shall be permissible.
§ 275-122 Lot and yard requirements.
A.
Minimum lot size and setbacks. No lot area shall be so reduced that the area of the lot or the dimensions of the setbacks creating the various yard areas shall be made smaller than herein prescribed. Further, each principal use shall have its own separate lot area which cannot be counted as the lot areas for any other principal use. No chimney, tower, antenna or tank shall be located closer to a lot line than the height of the tower, chimney, antenna or tank.
B.
Special exceptions for lot width. In the case of a lot held in bona fide single and separate ownership at the effective date of this chapter which does not fulfill the requirements for minimum width for the district in which it is located, a building may be erected or altered thereon, provided that all other yard and setback requirements of the district are observed.
C.
Lot width at the street line. Every principal permitted building shall be built upon a lot with frontage upon a public or private street which is improved to meet Township standards or for which such improvements are required by a subdivision or land development plan, except as provided below.
D.
The following regulations shall apply to existing interior lots:
(1)
For one or two existing interior lots, a common driveway may be provided subject to compliance with the following requirements:
(a)
A private driveway providing public street access to one or two existing interior lots shall have a recorded easement right-of-way of 50 feet in width and a paved cartway of not less than 16 feet in width. The paved cartway shall have a minimum setback of 50 feet from any existing dwelling. The fifty-foot-wide easement shall be unobstructed by any building.
(b)
A private driveway providing access to a public street for the one or two existing interior lots may also provide access for one lot which must have a minimum lot width at the street line as specified for the residence zoning district in which the lot is located.
(c)
In order to protect the public health, safety and general welfare of persons residing in dwellings on lots adjacent to a private driveway providing public street access to an existing interior lot or lots, buffer planting strips shall be provided within the easement area at appropriate locations to prevent the headlights of motor vehicles using the private driveway from shining directly on any dwelling or dwellings on any adjacent lots or lots. The buffer planting area shall be in accordance with § 275-132.
(d)
If an existing interior lot exceeds the lot area required for the residence zoning district in which the lot is located, the existing interior lot may not be further subdivided to create any additional interior lots, and the owner of the existing interior lot shall record a restriction against further subdivision of the existing interior lot.
E.
The following regulations shall apply to flag lots and interior lots:
(1)
Flag lots and interior lots shall be permitted only within the R-1 and R-1A Residential Districts and shall be subject to all regulations of this section and the applicable district regulations.
(2)
Flag lots and interior lots shall be permitted within a subdivision when no other reasonable alternative can be achieved.
(3)
Subdivisions of less than five acres. A parent tract containing less than five acres may be subdivided to contain one flag lot or one interior lot, provided that:
(a)
Access for interior lots.
[1]
A private driveway providing public street access to the interior lot shall have a recorded easement right-of-way of 25 feet in width and a paved cartway of not less than 12 feet in width.
[2]
The private driveway may also provide access for one additional lot which fronts completely on the street.
[3]
The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The twenty-five-foot-wide easement shall be unobstructed by any building or structure.
(b)
Access for flag lots.
[1]
The access strip serving any flag lot shall have a minimum width of 50 feet at the street line and shall not exceed 300 feet in length, as measured from the street right-of-way to the flag front line.
[2]
The flag lot access strip shall be excluded from the required minimum lot area (net lot area) calculation imposed by the district regulations.
[3]
The private driveway providing access to a public street for one flag lot may also share a driveway with any lot which fronts completely on the street. The recorded easement shall not be less than 25 feet in width and a paved cartway of not less than 12 feet in width. The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The twenty-five-foot-wide easement shall be unobstructed by any building or structure.
(4)
Subdivisions of five acres or more. A parent tract containing five acres or more may be subdivided to contain no more than two interior lots, or one flag lot and one interior lot, provided that:
(a)
Access for interior lots.
[1]
A private driveway providing public street access to the interior lots shall have a recorded easement right-of-way of 50 feet in width and a paved cartway of not less than 16 feet in width.
[2]
The private driveway may also provide access for one additional lot which fronts completely on the street.
[3]
The paved cartway shall have a minimum setback of 50 feet from any existing dwelling and be a minimum of four feet from a property line. The fifty-foot-wide easement shall be unobstructed by any building or structure.
(b)
Access for flag lots.
[1]
The access strip serving any flag lot shall have a minimum width of 50 feet at the street line and shall not exceed 300 feet in length, as measured from the street right-of-way to the flag front line.
[2]
The flag lot access strip shall be excluded from the required minimum lot area (net lot area) calculation imposed by the district regulations.
[3]
The private driveway providing access to a public street for one flag lot may also share a driveway with any lot which fronts completely on the street. The recorded easement shall not be less than 25 feet in width and a paved cartway of not less than 16 feet in width. The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The twenty-five-foot-wide easement shall be unobstructed by any building or structure.
(5)
In order to protect the public health, safety and general welfare of persons residing in dwellings on lots adjacent to a private driveway providing public street access to an interior lot or lots, buffer planting strips shall be provided within the easement area at appropriate locations to prevent the headlights of motor vehicles using the private driveway from shining directly on any dwelling or dwellings on any adjacent lots or lots. The buffer planting area shall be in accordance with § 275-132 of Article XXI.
(6)
If a subdivision of a parent tract results in the creation of more interior lots than are permitted per § 275-122E(3) and (4), the access easement to the interior lot shall be 50 feet in width and must have a paved cartway which is constructed in accordance with the design standards for streets as set forth in Chapter 210, Subdivision and Land Development. The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The fifty-foot-wide easement shall be unobstructed by any building or structure. All interior lots created must have the minimum required frontage on the paved cartway of the street providing access.
F.
Front and side yards of corner lots. Corner lots shall be provided for equal setbacks on both streets.
G.
Front yard regulations. No building, accessory building, structure or accessory structure shall be located or constructed within the front yard except for the following structures, unless any such structures are specifically prohibited within required buffer areas or buffer planting strips: landscaping features such as walkways, benches, fences and retaining walls; lighting; signs; off-street parking; access drives and points of ingress/egress; and aboveground utility structures approved by Township Council.
H.
Side and rear yard regulations.
(1)
Where a minimum width of side yard is required, no building, accessory building, structure or accessory structure shall be erected within the minimum side yard area, except as provided in Subsections I and/or J below.
(2)
All residential reverse frontage lots shall have a rear yard with a minimum of 75 feet and, within such rear yard and immediately adjacent to the street line of the major road, shall have a landscaped buffer consisting of hedges, walls, trees or earthen berms arranged so as to create a continuous visual barrier in accordance with § 275-132 of this chapter.
I.
Projections or encroachments into required yards. Except as provided in Subsections G, H, and J, no building, accessory building, structure or accessory structure or part thereof shall be erected within, or shall project into, any required yard except for patios, decks or other uncovered spaces, unenclosed fire escapes, unenclosed steps and Class A and Class C accessory buildings or accessory structures as provided in § 275-122. However, except for fences and approved driveways and except as otherwise provided in this chapter, all Class A or Class C accessory buildings or accessory structures must be located at least 10 feet from a property line.
J.
Projections or encroachments into required yards in residence districts. Buildings, accessory buildings, structures or accessory structures located in residence districts may be constructed or altered so that the following projections or encroachments are made into the required yard:
(1)
Cornices, eaves, gutters or chimneys may not project more than 18 inches into any front, side or rear yard.
(2)
Steps, balconies and bay windows not extending through more than one story may project no more than five feet into any front, side or rear yard.
(3)
Unless otherwise specified in this chapter, Class A accessory buildings or accessory structures may be located, erected or maintained in a side yard that does not abut the street or in a rear yard, provided that in no case shall such Class A accessory buildings or accessory structures be located less than 10 feet from the rearmost portion of the main building on the lot, and no less than 10 feet from any lot line in the R-1A, R-1, and R-2 Districts, or five feet in the R-3 and R-4 Districts, unless a closer distance is authorized by the Zoning Hearing Board as a special exception; except for: fences, landscaping, and approved driveways.
(4)
Unless otherwise specified in this chapter, Class C accessory structures may be located, erected or maintained in a side yard that does not abut the street or in a rear yard, provided that in no case shall such Class C accessory structures be any closer than 10 feet to any lot line, except for: fences, landscaping, and approved driveways.
(5)
Unless this chapter expressly provides otherwise, no accessory building or accessory structure may be located in a required front yard or required side yard which abuts a street except for permitted signs, fences and/or structures associated with ingress and egress and structures required by the Township for stormwater management, provided that they are no closer to the street than 15 feet from the street line.
(6)
No Class B accessory building or accessory structure may be located, erected or maintained in any front yard, side yard or rear yard.
(7)
Anything herein to the contrary notwithstanding, sports courts, swimming pools and similar accessory uses, accessory buildings or accessory structures may extend into the required side and rear yards only when authorized by the Zoning Hearing Board as a special exception.
K.
Lot area for Township easements on private property for stormwater facilities. In the case where an easement is granted to the Township on private property for a stormwater facility (basin or like structure constructed as a BMP to store water) for use in part as a Township facility, that portion of the private property on which the basin easement is located shall not be deducted from the lot area.
§ 275-123 Height limitations of fences and walls.
No fence or wall (except a retaining wall or wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the required open yard areas, provided that a portion of the fence or wall may exceed six feet in height if such portion contains openings therein equal to 50% or more of the area of said portion of the fence or wall and further provided that any fence or wall is in accordance with § 275-127.
§ 275-124 Exceptions to height regulations for buildings and structures.
The Township Council shall determine that the height regulations prescribed within this chapter may be exempted for spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water tanks, utility poles or towers, windmills, silos, smokestacks and ornamental or other necessary mechanical appurtenances. The height regulations for communication antennas and communications towers shall be as set forth in §§ 275-145 and 275-146.
§ 275-125 Corner vision obstruction.
On any lot, no wall, fence, berm or other structure shall be erected or maintained and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view. No obstruction shall be placed or maintained within the clear sight triangle as defined by the design standards and required improvements for streets set forth in Chapter 210, Subdivision and Land Development.
§ 275-126 Underground electric and telephone wiring.
Electric, telephone and cable television wiring shall be placed underground for every structure, dwelling or other use in all residential districts and in the Outdoor Recreation District, unless approved otherwise by Township Council.
§ 275-127 Accessory uses and accessory buildings or accessory structures.
Accessory uses and accessory buildings or accessory structures may include but not necessarily be limited to the following:
A.
Uses, buildings and structures accessory to agriculture.
(1)
The sale of farm products produced on the property, provided that no roadside stands used for such sale shall remain on the property during seasons when products are not sold and that adequate parking and provisions for safe ingress and egress be provided.
(2)
Signs for the sale of farm products shall be in accordance with Article XXV.
B.
Uses, buildings and structures accessory to dwellings.
(1)
Detached private garage, private parking area, private stable on lot of not less than one acre, private noncommercial barn, shed, shelter for pets, swimming pools in accordance with this section, bath house and private noncommercial greenhouse.
(2)
Quarters for guests and staff, when authorized as a special exception.
(3)
Pole, mast, tower or other structure for amateur radio operations, subject to the determination made by the Township Council as defined in Article XXII.
(4)
Swimming pools. Swimming pools permitted as an accessory use to a principal residential use shall comply with the following conditions and requirements:
(a)
The pool is intended, and is to be used, solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located, and their guests, and may not be operated commercially.
(b)
Swimming pools designated to contain more than 24 inches of water shall be erected in conformity with the following:
[1]
A permit shall be required to locate, construct or maintain a swimming pool as a residential accessory use.
[2]
Swimming pools may be in the rear or side yard setback area only when authorized as a special exception and shall not be in the front yard. In no case shall such pool be located under any electrical lines or over any utility lines (including sewer and water lines).
[3]
Every in-ground swimming pool shall be entirely enclosed with a good-quality chain-link, wooden or other equivalent fence of not less than four feet in height, equipped with a locking gate. Such fence shall be placed either near or adjacent to the pool or at such other place on the owner's premises as to constitute an adequate barrier against entrance onto the owner's land or into said pool.
[4]
If the water for such pool is supplied from a private well, there shall be no cross-connection with a public water supply system.
[5]
If the water for such pool is supplied from a public water supply system, the inlet shall be above the overflow level of said pool.
[6]
No permit shall be granted for the installation or construction of any in-ground pool, permanent pool or portable pool having a capacity of 15,000 gallons or more, unless the Township Engineer has certified that the drainage of such pool is adequate and will not interfere with the water supply system, existing sanitary facilities or public streets.
(5)
Sport courts. A court may be located in a rear or side yard setback area only when authorized by a special exception and shall not be located in a front yard. Court fences may be constructed but shall not exceed 10 feet in height.
(6)
Home-based businesses. The Zoning Officer shall determine whether a proposed home-based business is classified as a no-impact home-based business, a home occupation, a home professional office, or does not qualify as a home-based business. The applicant shall be responsible for supplying such information as deemed necessary by the Township to make this determination. Applicants for home occupations shall be required to obtain a permit per this section.
(a)
No-impact home-based business. Such use shall be permitted as an accessory use by right in any residential districts and shall require applicants to obtain a permit annually. Per Act 247, in order to qualify as a no-impact home-based business, the following criteria shall be met:
[1]
The use is carried on only by family members residing in the dwelling and shall employ no other persons;
[2]
The use is compatible with the residential use of the property and surrounding residential uses.
[3]
There is no exterior indication of a business use, including signs or advertising beyond that permitted for residential uses in Article XXV as well as that permitted for residential parking and lighting;
[4]
There is no display or sale of retail goods and no stockpiling or inventory of a substantial nature;
[5]
The use does not involve 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;
[6]
The use does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood;
[7]
The use is conducted only within the dwelling and does not exceed 25% of the habitable floor area;
[8]
The use does not involve any customer, client, or patient visits to the dwelling, whether pedestrian or vehicular;
[9]
Commercial delivery and pickup of goods and supplies or removal functions are not in excess of postal and parcel service normally associated with a residential use;
[10]
The use does not involve any illegal activity.
(b)
Home occupations. A home occupation shall be permitted as a conditional use in any residential district, provided that the following criteria are met:
[1]
A home occupation shall be permitted, provided that the principal person engaged in the home occupation is a resident of the dwelling unit. Such home occupation shall be incidental or secondary to the use of the property as a residence and is limited to those occupations listed below.
[2]
Occupations which may be authorized as an accessory use include the following occupations: manufacturer's representative, dressmaker, milliner, music teacher, teacher, artist or like occupation which is lawfully conducted for pecuniary gain by a resident within the dwelling unit.
[3]
Off-street parking spaces in accordance with Article XXIV shall be screened from the view of surrounding residential homes by landscaping approved by the Township.
[4]
No individuals shall be employed on the premises by the operator of a home occupation.
[5]
The area of dwelling used for the home occupation shall be no more than 25% of the total usable floor area of the dwelling unit.
[6]
No manufacturing, repairing or other mechanical work, performed in connection with such home occupation, shall be performed in any open and/or outdoor area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
[7]
No storage of materials or products shall be permitted in open and/or outdoor areas.
[8]
No external alterations shall be permitted to the dwelling unit except those customarily conducted for residential buildings.
[9]
Signs or outside advertisement may be permitted only in accordance with the provisions of Article XXV.
[10]
The operation of any home occupation involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m.
[11]
Prohibited home occupations: A home occupation shall not be interpreted to include such facilities as: a barber shop, beauty shop or hair stylist; spa or massage therapy establishment, fitness studio, tea room, tourist home, funeral home, convalescent home, day care, dog day care, kennel or similar use of a commercial nature.
(c)
Home professional offices. A home professional office shall be permitted as a conditional use in any residential district, provided that they meet the following criteria:
[1]
A home professional office may be permitted if the principal person using the office is the resident of the dwelling unit. Such office shall be incidental or secondary to the principal use of the property as a residence.
[2]
Professions for which an accessory use office may be operated in a residentially zoned dwelling may include a physician, attorney, dentist, accountant, architect, professional engineer, or similar profession who customarily has an office in the home. A professional office shall not be interpreted to include a real estate office or other commercial office, shop or use such as a barber shop, beauty shop, hair stylist or a funeral home, or any of the uses prohibited as a home occupation.
[3]
Off-street parking spaces, in accordance with Article XXXIV, are required when a professional office is operated as an accessory use in a dwelling. Such parking shall be screened from the view of surrounding dwellings with landscaping approved by the Township.
[4]
In addition to the owner-occupant, or more than one, or the equivalent of one, full-time employee shall be employed at a professional office operated as an accessory use in a dwelling.
[5]
The area used for a home professional office shall occupy no more than 25% of the total usable floor area of the dwelling unit.
[6]
No manufacturing, repairing or other mechanical work performed in connection with such home professional office shall be performed in any open and/or outdoor area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.
[7]
No storage of materials or products shall be permitted in open and/or outdoor areas.
[8]
No external alterations shall be permitted to the dwelling unit which are not consistent with the principal residential character and design.
[9]
No products shall be sold on the premises.
[10]
Signs or outside advertisement may be permitted only in accordance with the provisions of Article XXXV.
[11]
The operation of any home occupation involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m.
(7)
In-law suites. In-law suites shall only be permitted by-right in the R-1A, R-1 and R-2 Zoning Districts and are subject to the following standards and regulations:
(a)
In-law suites may be created for personal, non-commercial use and shall be restricted for the occupancy and/or care of a relative.
(b)
An in-law suite may be occupied by a maximum of two occupants.
(c)
The in-law suite shall comply with the Township Building Code[1] in effect at the time of building permit application.
[1]
Editor's Note: Se Ch. 89, Construction Codes.
(d)
The in-law suite must be contained within the primary structure and cannot be in a detached accessory structure; The in-law suite shall be an integral part of the primary residence, with an interior connection that shares a common space in the dwelling (e.g., mudroom), such that upon the termination of its use as an in-law suite, the rooms may incorporated back into the original single-family residence.
(e)
The floor area of the in-law suite shall not exceed 35% of the combined floor area of the principal dwelling plus the in-law suite.
(f)
The principal dwelling must retain its appearance as a single-family dwelling.
(g)
All utilities shall be shared, including, but not exclusive to, gas, electric, heat, water service and sewer service.
(h)
A use and occupancy and zoning permit shall be required prior to the occupancy of an in-law suite.
(i)
The Zoning Officer shall require the property owner(s) to execute an affidavit which shall be recorded, at the owner's expense, with the Office of the Delaware County Recorder of Deeds. The affidavit shall specify the restrictions of an in-law suite and shall prohibit the property owner(s) and future property owner(s) from renting the in-law suite as an apartment to nonrelatives.
(j)
Denial, suspension or revocation of use and occupancy permit. The Township shall deny a use and occupancy permit if the owner(s) has not demonstrated compliance with all of the provisions and standards of this section. Any such use and occupancy permit issued may be suspended or revoked by the Township where the Township finds that the owner(s) failed to comply with any of the provisions or standards of this section or with the provisions of any other applicable ordinance or law.
(8)
Solar energy systems. Solar energy systems shall be permitted as an accessory use requiring a Zoning permit, subject to the provisions set forth herein. A system is considered an accessory solar energy system only if it supplies electrical power primarily for on-site use of principal or accessory uses permitted on the subject property and subject to the following:
(a)
Design. The design and installation of an accessory solar energy system shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with Chapter 45, Building Construction Code, the National Electric Code and all other applicable fire and life safety requirements.
(b)
Glare. Accessory solar energy systems shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created.
(c)
Solar access easements. An accessory solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Township upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Delaware County Recorder of Deeds.
(d)
Roof-mounted systems.
[1]
Under no circumstance shall the solar energy system extend beyond the edge of the roof.
[2]
Notwithstanding otherwise applicable height limitations, a roof-mounted solar energy system may exceed the height of the ridgeline of any sloping roof upon which it is mounted by no more than one foot, where the pitch of the roof exceeds a ratio of one to three.
[3]
Regardless of other applicable height limitations, a roof-mounted solar energy system on a flat roof, or where the pitch of the roof is less than a ratio of one to three, may exceed the height of the roof at its highest point by no more than four feet.
[4]
All roof-mounted systems shall have/accommodate safe access for fire service and maintenance, as deemed appropriate by the Building Code Official and/or Fire Marshal.
[5]
Structural integrity. For any roof-mounted solar energy system, the applicant shall demonstrate to the satisfaction of the Building Code Official, by credible evidence that the structural integrity of the structure is such that it can adequately support the roof-mounted system being considered.
(e)
Ground-mounted (freestanding) systems.
[1]
All ground-mounted accessory solar energy systems shall only be permitted behind the principal structure and shall not exceed a total of 500 square feet cumulatively.
[2]
Impervious coverage. For the purposes of this section, all "at grade" or "above grade" features and facilities relating to ground-mounted accessory solar energy systems, including mechanical equipment, shall be considered pervious surface.
[3]
Building coverage. The area of a ground-mounted solar energy system shall be calculated as building coverage and shall not exceed the building coverage of the underlying zoning district. The area of a ground-mounted solar energy system is the dimension of the footprint of the cumulative solar panel(s). Where two or more panels are grouped together, the dimensions (length and/or width) shall be the cumulative dimension of the panels.
[4]
Ground-mounted solar energy systems shall not exceed 15 feet in height and shall meet the area bulk requirements of the district they are in.
[5]
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the installation shall be locked to prevent unauthorized access or entry.
[6]
Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way or be placed within any stormwater management infiltration or conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater management system.
[7]
If a ground-mounted solar energy system is removed, any earth disturbance due to the removal shall be graded and reseeded to the satisfaction of the Township.
(f)
Abandonment or disrepair. If the solar energy system is abandoned or enters a state of disrepair, the property owner shall be responsible to remove or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard by the Township or other regulatory authority.
§ 275-128 Conversion into two-family or multiple-family dwellings.
The Township Council may permit, as a conditional use, the conversion of a building in any residence district to a dwelling for more than one family, provided that:
A.
The plans for the conversion of said dwelling shall be submitted to the Township Council.
B.
Such plans shall provide adequate and suitable parking in accordance with Article XXIV.
C.
In order to qualify for conversion, the building must be located on a lot with an area not less than the product of the minimum single-family lot area of the district multiplied by the number of dwelling units to which such building is to be converted.
D.
There shall be no external alteration of the building, except as may be necessary for reasons of safety, that will disrupt the residential character of the surrounding area. Fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
§ 275-129 Nonconformities.
A.
Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter shall be regarded as nonconforming, and the following regulations shall apply to them.
B.
Alteration or extension.
(1)
Nonconforming structures. Nonconforming structures may be altered or enlarged, provided that such alteration or enlargement does not, on the effective date of this chapter, increase the extent of the nonconformity of the overall structure more than 10%, except patios, decks and screened and open porches. These excepted extensions of the nonconforming structure shall not protrude any further into the setbacks but can align with the structure the extent to which it is already nonconforming. In the case of a nonconforming structure which is used by a nonconforming use, such alteration or enlargement shall also meet the requirements of Subsection G below.
(2)
Nonconforming lots. A lot which contains no structures and which is held in single and separate ownership on the effective date of this chapter, or subsequent amendments, or rendered nonconforming by this chapter, which does not meet the minimum lot area requirement or lot width requirement at the building line of the zoning district in which it is located, or which is of such unusual dimensions that the owner cannot reasonably comply with one or more of the other dimensional requirements of the zoning district in which it is located, may be used or a structure may be erected thereon for use as limited by the use regulations of the zoning district in which the lot is located, subject to the following conditions:
(a)
The owner does not own or control contiguous property sufficient to enable the owner to comply with the minimum lot area, width, building coverage, yard and height regulations and design standards of the zoning district in which the property is located. For purposes of this regulation, a nonconforming lot under common ownership with a contiguous conforming or nonconforming lot which, when combined, would create a lot of conforming size or which would be consolidated to minimize the nonconformity, shall be required to be combined and considered one lot.
(b)
The proposed structure or use shall comply with the design standards and the width, building coverage, yard and height regulations, except minimum lot size and lot width at the building line, of the zoning district in which the lot is located. Otherwise, the lot shall not be used or a structure erected unless a variance is granted by the Zoning Hearing Board
(3)
Nonconforming uses. Nonconforming uses shall not be altered or enlarged, except in accordance with the following provisions:
(a)
Such alteration or enlargement shall be permitted only by conditional use under the provisions of Article XXVII, Administration.
(b)
Such alteration or enlargement shall be upon only the same lot as was in existence on the date the use became nonconforming.
(c)
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 10% of said volume of floor area during the life of the nonconformity.
C.
Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that the permitting for the reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned, and shall be carried on without interruption, or else the nonconforming building or use shall be deemed to be abandoned.
D.
Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that there is no enlargement or change in the nonconformity.
E.
Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Township Council in accordance with Subsection F and that such approved use be initiated within 30 days after the end of the twelve-month period.
F.
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a conditional use by the Township Council and subject to the following conditions:
(1)
The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.
(2)
The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use with regard to:
(a)
Traffic generation and congestion.
(b)
Noise, smoke, dust, fumes, vapors, gases heat, odor, glare or vibration.
(c)
Outdoor storage.
(d)
Sanitary sewage disposal.
(3)
In the case of an application for a conditional use to alter or enlarge a nonconforming use or to change a nonconforming use to another nonconforming use, the applicant shall be responsible for establishing to the satisfaction of the Township Council that the proposed expansion or change in use will not cause an increased detrimental effect on surrounding properties or the neighborhood in which it is located. In making its decision on the relative detriment, the Township Council shall also take into consideration the standards included in Article XXVII, Administration. Any alteration or enlargement authorized by the Township Council shall represent the minimum modification that will afford the relief required.
G.
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses of structures existing in the district to which the area was transferred.
§ 275-130 Environmental controls.
A.
No building may be erected, altered or used and no lot or premises may be used for any trade, industry, business or other activity that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination, noise, toxic chemicals or other disturbance which constitutes a public hazard, whether by fire, explosion or otherwise. In determining whether a proposed use is or may become noxious, hazardous or offensive, each such use shall comply with the performance standards below; and no internal combustion engine shall be used unless objectionable noise and vibration are eliminated and proper disposition is made of exhaust gases.
B.
It is the intent of these regulations to prevent land or buildings, including those permitted by right, conditional use or special exception, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition such as fire, explosion or other hazards; noise or vibration; glare or heat; condition conducive to the breeding of rodents or insects; or other substance, adversely affecting the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States Government, the Commonwealth of Pennsylvania, Delaware County and governmental, quasi-governmental and governmentally regulated bodies, companies and authority entities. The most stringent regulation applicable shall be used.
C.
All plans for proposed development in the Township shall illustrate, depict, note or otherwise demonstrate compliance with this section and in accordance with the requirements of Chapter 210, Subdivision and Land Development.
D.
Noise controls. Refer to Chapter 155, Noise.
E.
Smoke. No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.
F.
Dust, fumes, vapors and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals or vegetation, or to other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
(2)
Except as otherwise designated below under specific contaminants in Subsection F(3) of this section, no emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustions, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
(3)
Specific contaminants. The Ambient Air Quality Standards for the Commonwealth of Pennsylvania shall apply to the release or airborne toxic materials across lot lines. Specific contaminant standards are as follows:
(a)
Fugitive emissions. As required by Sections 123.1 and 123.2, Chapter 123, Article III, Sub-Part C, Part I, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.
(b)
Particulate matter emissions. As required by Sections 123.11, 123.12, and 123.13, Chapter 123, Article III, Sub-Part C, Part I, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.
(c)
Sulfur compound emissions. As required by Sections 123.21, 123.22, and 123.23, Chapter 123, Article III, Sub-Part C, Part I, Title 25, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.
(d)
Where there are, in addition to the above regulations, relevant air pollution regulations of the United States Government or of the Commonwealth of Pennsylvania, the most stringent regulation applicable shall be used.
G.
Heat and glare. No use shall produce heat perceptible beyond its lot lines. The specific Rules and Regulations of the Pennsylvania Department of Environmental Protection with respect to heat and glare shall apply.
H.
Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions of Table III (odor thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C., as revised.
I.
Vibrations. No use shall cause earth vibrations or concussions detectable beyond its lot lines without aid of instruments with the exception of that vibration produced as a result of construction activity and quarry mining.
J.
Storage and waste disposal.
(1)
All storage of flammable materials shall comply with the provisions of the Middletown Township Fire Code.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(3)
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards or any leaching to substratum.
K.
Soil erosion, sedimentation and grading control.
(1)
No construction or development activity shall occur unless in strict compliance with Chapter 210, Subdivision and Land Development, and all other code provisions, as applicable. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation or otherwise changing or altering the landform.
L.
Slope controls. Refer to Article XXIII, Natural Resources.
M.
Traffic control. Refer to Chapter 235, Vehicles and Traffic.
§ 275-131 Environmental impact assessment report.
A.
An environmental impact assessment (EIA) report shall be submitted with the following types of applications or plans in order to more effectively evaluate subdivision, land development or other building and construction proposals:
(1)
Applications for tentative and final plan approval for planned residential developments.
(2)
Applications for preliminary plan approval for any industrial, commercial or institutional subdivision and/or land development, and expansions or additions exceeding 15% of the gross square footage of a building or buildings.
(3)
Preliminary plans for any proposed subdivision of land for residential purposes consisting of 10 or more dwellings.
(4)
Petition for Zoning Ordinance Amendment and Zoning Map Amendment.
(5)
Applications or plans for other uses which Township Council finds potentially to have significant environmental consequences or effects.
(6)
For the purposes of this section, a community center shall not constitute an industrial, commercial or institutional use.
B.
The EIA report shall disclose the environmental consequences or effects of proposed projects and the actions proposed to avoid, remedy and/or mitigate adverse impacts. The EIA report shall contain text, maps and analysis in accordance with Subsection C below. The EIA report may be cross-referenced to plans prepared for a subdivision or land development and may utilize such plans to fulfill some of the required plan data requested below.
C.
A copy of the EIA report and one digital copy shall be submitted in accordance with the format and content specified below. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on the relationship to applicable site, neighborhood (including areas in adjacent townships, where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:
(1)
An identification of the site location and area by use of a location map, drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 1,000 feet of any part of the property. In the case of development of a section of the entire tract, the location map shall also show the relationship of the section to the entire tract.
(2)
An identification of site character and appearance through the presentation of black-and-white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from the ground. Photographs shall be properly identified or captioned and shall be keyed into a map of the site.
(3)
An identification of the nature of the proposal through the presentation of the following:
(a)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures and other impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be either incorporated into the EIA report or submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements section of Chapter 210, Subdivision and Land Development; however, existing and proposed contours shall be depicted at vertical intervals of two feet or less.
(b)
Floor plans and elevations depicting the proposed size, square footage, height, number of rooms or bedrooms (where applicable), of buildings and/or other structures.
(c)
A statement indicating the existing and proposed ownership of the tract and, where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space or otherwise not under the control of a single lot owner.
(d)
A statement indicating the proposed staging or phasing of the project, where applicable, and a map depicting the boundaries of each stage or phase of the project. It is suggested that such boundaries be superimposed on a version of the site development plan.
(4)
An identification of physical resources associated with the natural environment of the tract including such features as topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative and quantitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and either may be incorporated into the EIA report or submitted as attachment to the report.
(a)
A map depicting the topographical characteristics of the site. Such map shall contain contours with at least two-foot intervals and shall depict slopes from 0% to 8%, 8% to 15%, 15% to 25% and greater than 25%.
(b)
A map depicting the soil characteristics of the site. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed development such as depth to bedrock, depth to water table, flood hazard potential and, where applicable, limitations for septic tank filter fields.
(c)
A map depicting the hydrological characteristics of the site. Such map shall depict surface water resources, their drainage characteristics, watersheds and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
(5)
An identification of biological resources associated with the natural environment of the site, including such features as vegetation. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics of the site. Such map shall define the locations and boundaries of the wooded areas of the tract and shall note the types of vegetation associations which exist in terms of their species, types and size. In addition, all trees 12 inches or greater in caliper shall be accurately located on the map.
(6)
An identification of the land use conditions and characteristics associated with the site such as current and past use, land cover and physical encumbrances and the relationship of these to adjacent sites. The identification of land use condition and characteristics shall include a narrative description of the above. In addition, the following maps, drawn at a scale of not more than 100 feet to the inch, unless otherwise noted, shall be incorporated into the EIA report or submitted as attachments to it.
(a)
A map depicting the land cover characteristics of the site. Such map shall define existing features including, where applicable: paved or other impervious surfaces, wooden areas, cultivated areas, pasture, old fields, lawns and ornamentally landscaped areas and the like.
(b)
A map depicting any physical encumbrances to the subject property. Such map shall define, where applicable, easements and areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map, i.e., one inch equals 2,000 feet.
(7)
An identification of the historic resources associated with the site such as areas, structures and/or roads and trails which are significant. Areas, structures and/or routes included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey and those depicted on the Township's Historic Sites Map shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.
(8)
An identification of the visual resources associated with the site such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.
(9)
An identification of the community facility needs associated with the users and/or residents of the proposed project. The community facility needs assessment shall indicate in narrative form the types of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal services) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the site and the need for additional or expanded community facilities.
(10)
An identification of the utility needs associated with the users and/or residents of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Where applicable, utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of: the ability of existing utility installations to accommodate the demands of future users and/or residents of the lots and/or tract; the need for additional or expanded utility installations; the ability to achieve an adequate, potable quantity of water wherever individual wells are proposed; the ability to achieve an adequate system for on-site sewage disposal wherever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management.
(11)
An identification of the relationship of the transportation and circulation system needs of the proposed project to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the site and at points of ingress to and egress from it and expected traffic volumes generated from the project including their relationship to existing traffic volumes on existing streets for peak-hour and non-peak-hour conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project to remedy any physical deficiencies. The analysis and evaluation of traffic shall be conducted in accordance with the following:
(a)
No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.
(b)
To minimize potential adverse conditions, the level of service for traffic along any portion of a road which leads to the points of ingress and egress of a tract or other proposed property shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in this document entitled "Trip Generation: An Institute of Transportation Engineers Informational Report," most recent edition in use at the time a development or other building application is made.
(c)
The determination of levels of service shall be made after an experienced transportation engineer/traffic consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular, the following chapters: 471-610 pertaining to Engineering and Traffic Studies, 471-611 pertaining to maintenance and Protection of Traffic and 471-615 pertaining to Official Traffic Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth in Subsection C(9)(b) above and shall include the data upon which the conclusions of said study are based including, without limitation, traffic counts, the hours thereof, the dates thereof and the types of motor vehicles comprising such counts.
(d)
All streets and/or intersections showing a level or service below "C" shall be considered deficient, and specific recommendation for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external street and intersection design and improvements and traffic signal installation and operation including signal timing.
(12)
An identification of the social and demographic characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents including information such as the number of people expected to work or live at the tract. Such information shall be related to initial and completed project conditions.
(13)
An identification of the economic and fiscal characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the Township; county and school district revenues which the proposal may generate; and the Township, county and school district costs it may create. Such information shall be related to initial and completed project conditions.
(14)
An identification of characteristics and conditions associated with existing and potential air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, radioactive materials, smoke, dust, fumes, vapors, gases or other emissions.
(15)
An identification of compliance with the environmental controls/performance standards as required in this Article XXI.
(16)
The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsection C(1) through (15) above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the resources of the tract, conditions or characteristics, by mapping same at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from the proposed development are highlighted. Such map either may be incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the proposed plans in terms of avoiding or reducing potential adverse effects.
(17)
Alternatives to the proposed project. The applicant shall comment on how alternatives such as revised location, redesign, layout or sitting of buildings, roads and other structures; alternate methods for sewage disposal and water supply; reduction in the size of proposed structures or number of structures; and the like, would preclude, reduce or lessen potential adverse impact to produce beneficial effects. In addition, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form.
(18)
Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.
(19)
Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:
(a)
Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action, such as sedimentation and erosion control, water quality control, air quality control and the like.
(b)
Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development or other project are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition and the like.
(20)
Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development or other project should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the subdivision and/or land development or other project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.
D.
In making its evaluation, the Township Council and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information required in this section is not applicable to the proposed subdivision and/or land development or other project, the applicant shall indicate such inapplicability in the narrative of the EIA report and state why such information is considered to be inapplicable in the case or the particular subdivision or land development in question.
E.
The EIA report shall be prepared by an engineer, architect, landscape architect or land planner.
§ 275-132 Buffer area and buffer planting strip standards.
A.
Buffer areas and buffer planting strips, as defined in Article II and required in various districts, shall be adjacent to a property boundary.
B.
Buffer areas shall be landscaped and maintained with a buffer planting strip in accordance with § 275-133 and the following herein:
Landscaped Buffer and Screen Requirements | ||
|---|---|---|
Use or District | Adjacent Use or District | Minimum Buffer Planting Strip Width (feet) |
C-1 | Residential; any other use | 25; 15 |
C-2 | Residential; street line | 50; 30 |
C-3 | Residential | 10 |
Institutional | Any use | 30 |
Manufacturing/Industrial | Residential | 30 |
SU-1A | See Design Standards | |
SU-1 | Any use | 50 |
SU-2 | Any use | 10 |
Multifamily | Any use | 20 |
Mobile home park | Any use | 50 |
C.
All plantings shall be installed and maintained for the full width required in a particular district, except that certain structures may be placed within the buffer area, including:
(1)
The required plantings and related landscape treatment, such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties or block the clear sight distance required at intersections.
(2)
Appurtenant landscaping structures such as: tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.
(3)
Roads which provide direct ingress/egress for the tract, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches.
(4)
Underground utilities.
D.
No structures other than those set forth in § 275-132C shall be placed within a buffer area, and no parking of any kind shall be permitted within the required buffer area.
§ 275-133 Landscaping requirements.
A.
Landscaping as required in this chapter shall be installed and maintained in accordance with a landscaping plan approved by the Township Council. A landscaping plan shall depict all proposed plantings as required within buffer areas in the form of a buffer planting strip and in other landscaped areas which relate to, complement, screen or accentuate buildings roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features.
B.
A landscaping plan shall be submitted at the time when all other required applications and/or plans are submitted. It shall be based on and reflect the following:
(1)
The functional and aesthetic factors which relate to the tract and to the principal and accessory buildings and other structures.
(2)
Concealing views to the tract.
(3)
Enhancing views from and within the tract.
(4)
Screening and complementing proposed buildings and other structures.
(5)
Creating visual interest for the users and/or residents of the proposed project.
(6)
Using plant materials which are hardy and acclimated to the conditions at the tract and within the Township.
C.
The landscaping plan shall include notes, diagrams, sketches or other depictions to present the consideration and analysis of the following:
(1)
An analysis of the site in terms of: the existing views to and from the areas which are proposed for development, the existing topography and vegetation conditions and other existing conditions which are relevant to the site.
(2)
An analysis of proposed planting and other landscaping needs as related to: screening views of buildings, screening buildings and sections of buildings, screening parking areas and other areas where vehicles are parked, screening storage areas, screening site utilities, and other appropriate types of screening.
(3)
The consideration of locations where plantings and other landscaping is needed to: provide visual interest; define outdoor spaces; complement the proposed architectural style; and achieve other functional, ecological and aesthetic requirements for buffer areas, buffer planting strips and other landscaped areas.
D.
A preliminary and final landscaping plan shall reflect the following detailed criteria, unless more specific criteria are provided for in other articles of this chapter, Attachment 8 of this chapter, and the provisions of Chapter 210, Article V:
(1)
Buffer planting strips shall be installed and maintained in the buffer areas at the width required in this chapter to form a continuous visual buffer. In addition to ground covers and evergreen shrubs, the buffer planting strips shall be comprised of evergreen trees that are six feet to eight feet in height at the time of planting and shall be spaced at nine-foot centers. The combined evergreen shrubs and tree plantings shall constitute a continuous visual screen at the time of occupancy of any buildings and/or at the time of initiation of any use.
(2)
Shade trees shall be provided along all streets and shall be located at least three feet beyond the right-of-way line. No less than one tree of 3 1/2 inches to four inches in caliper shall be planted for each 30 feet of roadway length. Such trees shall be planted in alternating rows whereby trees on one side of the street are placed at intervals of 60 feet. However, such trees may be grouped in certain cases to achieve a particular design objective when approved by the Township Council.
(3)
The outer perimeter of all parking areas shall be screened. A continuous visual buffer shall be provided, and accomplished through the use of plant materials, fencing or walls and/or mounding through the use of earthen berms.
(4)
Parking lots shall be landscaped as required in Article XXIV.
(5)
All buildings shall be landscaped in accordance with the following criteria:
(a)
A combination of evergreen and deciduous trees and shrubs shall be used as "foundation" plantings, i.e., plantings to be installed in reasonably close proximity to the facades.
(b)
One specimen deciduous tree of 3 1/2 inches to four inches in caliper shall be planted for every fifty-foot length of building facade measured from end to end of buildings, without regard to indentations and the like in the buildings or facades, and excluding any enclosed walkway connectors and elevator cores; and one eight-foot to ten-foot specimen evergreen tree shall be planted for every 50 feet of length of building facade.
(c)
Five evergreen and/or deciduous shrubs shall be planted for every 20 feet of length of building facade.
(d)
Trees and shrubs shall be grouped in accordance with specific needs and objectives.
(6)
Other landscaping. including trees, shrubs and ground covers. shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.
(7)
Trees of eight-inch DBH or more shall be preserved. When trees are unable to be preserved, the landowner or developer shall plant replacement trees on the subject property, or if approved by the Township, plant replacement trees on Township-owned public land or pay a fee-in-lieu, in accordance with § 275-163A(6). Required replacement trees shall be depicted on the Landscape Plan to be approved by the Township.
E.
The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of the Township Council. The preliminary landscaping plan shall be drawn at a scale of at least one inch equals 50 feet. It shall be totally coordinated with the overall site plan and shall contain the following:
(1)
A delineation of existing and proposed plant materials.
(2)
A delineation of other landscaping features such as berms, planting beds to be used for herbaceous plants, areas to be devoted to lawns and other elements of the proposed improvements such as fences, walls, berms, retaining walls, lighting, benches, signs, paving, stone, tree wells and the like.
(3)
One color rendering of the preliminary landscaping plan shall be submitted for review by the Township in addition to the number of prints which are otherwise required. The color rendering shall reflect total coordination with the overall site plan in terms of its relationship to proposed buildings, roads, parking areas, walks, walls, fencing, benches, signs, lighting and other like structures.
(4)
A written narrative of the analysis and objectives for plantings as required under Subsection C above. After the Township has reviewed the preliminary landscaping plan and submitted comments on the plan to the applicant, a final landscaping plan shall be submitted. The final landscaping plan shall be drawn in greater detail than the preliminary plan. It shall be totally coordinated with the overall site plan and shall contain the following:
(a)
A final version of all of the plan requirements stated in Subsection E above, for a preliminary plan.
(b)
A plant list wherein the botanical and common names of proposed plants are tabulated, along with the quantity, caliper, height and other characteristics.
(c)
Details for the planting and staking of trees, the planting of shrubs and any other details which depict other related installation.
(d)
Information in the form of notes or specifications concerning planting beds to be used for herbaceous plants, areas to be devoted to lawns and the like. Such information shall convey the proposals for seeding, sodding, mulching and the like.
(e)
Information regarding the establishment period and continued maintenance of all plantings and notes indicating that all plantings will be installed, maintained and replaced, if dead or diseased, in locations as shown on the approved landscaping plan.
F.
Plant characteristics and maintenance.
(1)
All plants shall conform with the standards for nursery stock of the American Standard for Nursery Stock and planted according to ANSI standards.
(2)
Trees and shrubs shall be typical of their species and variety, have normal growth habits, well developed, densely foliated branches and vigorous, fibrous root systems.
(3)
Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.
(4)
Trees and shrubs shall be freshly dug nursery grown or container stock. They shall have been grown under climatic conditions similar to those in locality of the project or properly acclimated to conditions of the locality of the project.
(5)
Any tree or shrub which dies within one year of planting shall be replaced. Any tree or shrub which within one year of planting or replanting is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may be made only when approved by the Township Council.
(6)
It shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, which responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead or diseased plantings and fertilizing to maintain healthy growth.
(7)
All trees along the right-of-way of any property shall be kept trimmed nine feet above the sidewalk and 11 feet above all streets.
(8)
All shrubs and other growth abutting the sidewalks shall be kept cut back six inches from the edge of the sidewalks.
(9)
Existing trees and shrubs at the corner of an intersection and/or driveway shall be cut to the height of 18 inches from point of intersection of corner property lines back 25 feet to avoid blocking sight distance to oncoming traffic, and shrubs or ground covers to be planted shall be of the dwarf variety and shall not exceed 18 inches in height at maturity.
(10)
Proposed plant species shall be in accordance with the plant list provided in Attachment 8.
(11)
Plants shall be native to the area, and of non-invasive species. Non-native/non-invasive plants may be used to accent the landscape design with Township approval.
§ 275-134 Outdoor storage and display.
Commercial storage. When required by this chapter, commercial storage shall meet the following criteria:
A.
All storage, including but not limited to storage of refuse, trash, garbage, recycling, equipment, mechanical equipment and/or generators, shall be completely screened from view from any public right-of-way and any adjacent property.
B.
No permanent storage of merchandise, articles or equipment shall be permitted outside a building and no goods, articles, or equipment shall be stored, displayed or offered for sale beyond the front lines of a building.
C.
Screening shall consist of evergreen plantings and/or an architectural screen.
D.
No storage area shall be located within the front yard of any lot.
E.
In addition to the standards listed above, all dumpsters and/or outdoor storage of refuse bins shall meet the following criteria:
(1)
All organic rubbish or garbage shall be contained in tight, vermin-proof containers.
(2)
Any area for the storage and collection of refuse, trash, or garbage shall be screened from direct view by fencing or masonry walls, which shall be a minimum of six feet high and at least one foot higher than the trash receptacles contained therein.
(3)
All screening, inclusive of any enclosure gate(s), shall be visually opaque.
(4)
Fencing, screening, and any enclosure gate(s) shall at all times be maintained in good repair.
(5)
Chain-link fencing and/or gates shall not be permitted for the screening of dumpsters and/or outdoor storage of refuse bins.
(6)
When adjoining a residential district, the rubbish or garbage enclosure shall be set back a minimum of 50 feet from the residential property line.
§ 275-135 Outdoor lighting.
A.
Purpose. To set and require minimum standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of non-vehicular light sources.
(3)
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.
(4)
Promote energy-efficient lighting design and operation.
(5)
Protect and retain the intended visual character of the various Township venues.
B.
Applicability.
(1)
All uses within Middletown Township where there is interior or exterior lighting that creates or has the potential to create a nuisance or hazard as viewed from outside, or exterior lighting with the potential to create, or that creates a nuisance when viewed from inside or outside, including but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.
(2)
The Township may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or applications when health, safety and welfare are issues.
(3)
The glare-control requirements herein contained apply to lighting in all uses, applications and locations.
(4)
Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this chapter.
(5)
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this section.
C.
Criteria.
(1)
Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the Township or other applicable jurisdiction, shall have illuminances, uniformities and glare control in accordance with the latest edition of the IES Lighting Handbook or current Recommended Practices of the Illuminating Engineering Society of North America (IESNA). Future amendments to said Lighting Handbook and Recommended Practices shall become a part of this chapter without further action by the Township.
(2)
Luminaire design.
(a)
Luminaires shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to Township.
(b)
For the lighting of predominantly horizontal surfaces, such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel-dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down, have no uplight and shall meet IESNA fully shielded criteria. Except as may be specified elsewhere in this chapter, luminaires shall have a BUG rating of B1-U0-G1. Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent, 10-watt LED or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting luminaires, Township may approve the use of luminaires with an uplight component not exceeding 1%.
(c)
For the lighting of predominantly non-horizontal tasks or surfaces, such as, but not limited to, facades, landscaping, signage, billboards, fountains, displays and statuary; when their use is specifically permitted by the Township, luminaires shall be adequately shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent, 6-watt LED or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection.
(3)
Color temperature. LED light sources shall have a correlated color temperature that does not exceed 3000K.
(4)
Lighting control.
(a)
All lighting shall be aimed, located, designed, fitted, shielded and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
Directional luminaires such as floodlights and spotlights, when their use is specifically approved by the Township, shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrianway. Floodlights installed above grade on residential properties shall not be aimed out more than 45° from straight down. When Township judges that a floodlight creates glare as viewed from an adjacent residential property or use, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the direct view of the glare from that property.
(c)
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than 1/2 hour after closing.
(d)
"Barn lights," aka "dusk-to-dawn lights," when judged by Township to be a source of glare as viewed from an adjacent residential use or roadway, shall not be permitted unless effectively shielded as viewed from the adjacent property or roadway.
(e)
The use of floodlights and wall-mounted luminaires (wall packs) to illuminate parking areas and cartways shall not be permitted unless it can be proven to the satisfaction of the Township that the employment of no other acceptable means of lighting would be possible.
(f)
Lighting for parking areas and vehicular and pedestrian traffic ways for commercial, industrial and institutional uses shall be automatically extinguished nightly within 1/2 hour of the close of the facility. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage setting reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of 25% of the number of luminaires required or permitted for illumination during regular business hours. The use of greater than 25% of the number of luminaires for normal lighting for all-night safety/security lighting shall require Township approval, based on the unique nature of the use or elevated area crime justification. Alternatively, where there is reduced but continued on-site activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion-sensor control, shall be permitted.
(g)
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 full cutoff/fully shielded luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(h)
The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line of sight and from any point on the receiving residential property. This footcandle value, however, shall not be used as a criterion for assessing whether unacceptable level of glare is being received on the property.
(i)
Except as permitted for certain recreational lighting and/or permitted elsewhere in this chapter, full cutoff/fully shielded luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Where proposed parking lots consist of 100 or more contiguous spaces and the light sources are full-cutoff/fully shielded, the Township may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height that does not exceed 25 feet AFG. Luminaires not meeting full-cutoff or fully shielded criteria, when their use is specifically permitted by Township, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. For recreational lighting maximum mounting height requirements, refer to "Recreational Uses" elsewhere in the chapter.
(j)
Only the United States and the state flag shall be permitted to be illuminated past 11:00 p.m. The light source shall have a beam spread no greater than necessary to illuminate the flag at full staff and shall be shielded so the light source (lamp and reflector) is not visible at normal viewing angles.
(k)
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial average footcandles, with no value exceeding 30 initial footcandles.
(l)
Uplighting may be used to accent unique features of a building such as exceptional architectural features. Uplighting or ground-mounted lighting shall be low wattage and designed and installed to minimize glare with special consideration to vehicular and pedestrian traffic, and shall be shielded to contain and direct the light onto the feature or object to be illuminated.
(5)
Installation.
(a)
Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accordance with the NEC Handbook.
(b)
Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind back-in parking spaces, or where they could be struck by snow plows or wide-swinging vehicles, shall be suitably protected by being placed a minimum of five feet outside or behind paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by steel bollards or other Township-approved means.
(c)
Pole-mounted luminaires for lighting horizontal tasks shall be aimed straight down and poles shall be plumb.
(d)
Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.
(e)
Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved and shall be reviewed and approved by a qualified civil/structural engineer.
(f)
Any employed shielding elements shall be permanently affixed to luminaire.
(6)
Maintenance. Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
D.
Residential developments.
(1)
Street lighting. For residential developments where lot sizes are or average less than 20,000 square feet, if the Township so directs, street lighting shall be provided at:
(a)
The intersection of public roads with entrance roads to the proposed development.
(b)
Intersections involving proposed public or non-public major-thoroughfare roads within the proposed development.
(c)
The apex of the curve of any major-thoroughfare road, public or non-public, within the proposed development, having a radius of 300 feet or less.
(d)
At the far end of cul-de-sac bulbs.
(e)
Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 mph or greater.
(f)
Defined pedestrian crossings located within the development.
(g)
Where lot sizes prohibit the parking of more than three vehicles on the residential lot, thereby necessitating on-street parking.
(h)
At other locations along the roadway as required by Township.
(2)
Parking spaces.
(a)
In residential developments with lots of less than 20,000 square feet, where four or more common contiguous parking spaces are proposed, such spaces shall be illuminated in accordance with this Subsection C.
(b)
In multi-family developments, common parking areas of four spaces or greater shall be illuminated.
(3)
On-lot lighting. For subdivisions with lot sizes of 40,000 square feet or smaller, on-lot lighting shall be provided in accordance with the following restrictions:
(a)
Lighting fixtures.
[1]
Floodlights, spotlights and other directional sources, whether for security, architectural/decorative, facade, landscaping, task lighting or recreational purposes, shall be located, aimed and shielded in a manner that prevents the lighted aperture of the source (direct glare) from being directly visible off premises.
[2]
Residential recreational lighting shall not project beyond the recreational surface.
[3]
Facade-mounted and post-top luminaires shall be fully shielded.
[4]
LED light sources shall have a correlated color temperature not exceeding 2700K.
(b)
On/off control.
[1]
All exterior lighting, except security lighting, shall be extinguished nightly by no later than 11:00 p.m.
[2]
Lighting intended for all-night safety/security purposes shall be motion-sensor controlled and only energized in the presence of motion.
[3]
Recreational lighting shall be extinguished no later than 10:30 p.m.
E.
Recreational uses. The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher-than-normally-allowed luminaire mounting heights and aiming angles, utilize very-high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners, and the Township as a whole, have been properly protected. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:
(1)
Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, shall not be permitted to be artificially illuminated.
(2)
Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use.
(3)
Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtimes.
(4)
The Township reserves the right to limit the number of illuminated sporting events per week or season.
(5)
Maximum mounting heights for recreational lighting shall be in accordance with the following:
(a)
Basketball: 20 feet.
(b)
Football: 70 feet.
(c)
Soccer: 70 feet.
(d)
Lacrosse: 70 feet.
(e)
Little league baseball.
[1]
200-foot radius: 60 feet.
[2]
300-foot radius: 70 feet.
(f)
Miniature golf: 20 feet.
(g)
Swimming pool aprons: 20 feet.
(h)
Tennis: 20 feet.
(i)
Track: 20 feet.
(6)
The use of engine/generator portable boom lighting shall not be permitted within the Township.
(7)
To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under Subsection F below, but also by a visual impact plan that contains the following:
(a)
Plan views containing a layout of the recreational facility and showing locations of poles supporting luminaires, and the locations of residences on adjoining properties.
(b)
Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.
(c)
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.
(d)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this chapter.
(e)
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when all of the sports lighting will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum off-site light-trespass disturbance.
F.
Lighting plan submission. Where site lighting is required by this chapter, is otherwise required by Township, or is proposed by applicant, lighting plans shall be submitted for Township review and approval for subdivision and land development applications. The submitted information shall include, as a minimum, the following:
(1)
A site plan or plans, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp photometry and type.
(2)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles at grade, overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter, or as otherwise required by Township. When scale of plan, as judged by the Township to make a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.
(3)
Light-loss factors, IES candela test-filename, BUG rating, initial source lumen ratings used in calculating plotted illuminance levels.
(4)
Description of proposed equipment, including luminaire catalog cuts, photometrics, glare-reduction devices, sources, source-correlated color temperature, on/off control device locations, details and setting, luminaire mounting eights, pole foundation details, pole protection means and mounting methods.
(5)
Landscaping plans shall contain symbols of luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(6)
When requested by Township, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate potential consequences of on-site and off-site glare and to retain the intended character of the Township. Township may require plan to include initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
(7)
Plan notes. The following notes shall appear on the lighting plan:
(a)
Post-approval alterations to lighting plans, or intended substitutions for specified lighting equipment on approved plan, shall be submitted to Township for review and approval, prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate proposed substitution is equal to or exceeds the quality, optical characteristics and maintainability of the specified luminaires; and be accompanied by a lighting plan, including point-by-point plot, which demonstrates proposed substitutions will result in a lighting design that complies with chapter requirements and equals or exceeds the quality of the lighting on the approved plan.
(b)
Township reserves the right to conduct post-installation inspections, to verify compliance with chapter requirements and approved lighting plan commitments, and if deemed appropriate by Township, to require remedial action at no expense to Township.
(c)
All exterior lighting, including building-mounted lighting, shall meet full-cutoff or fully shielded criteria.
(d)
Installer shall notify Township to arrange for inspection and approval of all installed exterior lighting subsequent to its installation.
G.
Compliance monitoring.
(1)
Safety hazards.
(a)
If Township judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action without undue delay.
(b)
If appropriate corrective action has not been effected within 15 days of notification, or valid reason for needed extra time, the Township, at its discretion, may initiate appropriate legal action.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When Township judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from the requirements of this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(b)
If the infraction so warrants, Township may act to have the problem corrected as in Subsection G(1)(b) above.
H.
Nonconforming lighting.
(1)
Any luminaire or lighting installation existing as of the effective date of this chapter, which does not conform with the revised chapter requirements, shall be considered as grandfathered and a lawful nonconformance, except as follows:
(a)
It is replaced by another luminaire or luminaires, or abandoned or relocated.
(b)
It is deemed by Township to create a health or safety hazard.
(c)
Minor corrective action, such as re-aiming, automatically shutting off offending sources at a reasonable hour nightly, or shielding can be performed to achieve conformity with the applicable requirements of this chapter.
(d)
Its light source is converted to or replaced by an LED source type, or luminaire containing LED sources.
(2)
Regardless of the requirements of Subsection H(1) above, when requested by Township, nonconforming luminaires and lighting installations shall be made to conform with the requirements of this chapter or removed within three years from the effective date of this chapter.
