Moon Township City Zoning Code
PART 2
DISTRICT REGULATIONS
§ 27-201 Zoning Districts.
[Ord. 658, 4/9/2015]
1.
For purposes of this chapter, the Township is divided into the following zoning districts and overlay districts, which are shown by the district boundaries on the Zoning Map:
A.
Residential Zoning Districts. For purposes of this chapter, the following zoning districts shall be referred to as "residential zoning districts":
B.
Nonresidential Zoning Districts. For purposes of this chapter, the following zoning districts shall be referred to as "nonresidential zoning districts":
C.
Overlay Districts.
2.
The overlay districts shall be an addition to, and not a replacement for, the underlying zoning district designation for properties located within the overlay districts.
§ 27-202 Zoning Map.
[Ord. 658, 4/9/2015]
The boundaries of the Township zoning districts hereby established are shown on the Zoning Map attached hereto and incorporated herein at Appendix 27-A. This Zoning Map and all of the notations, references and other data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein.
§ 27-203 (Reserved)
[Ord. 658, 4/9/2015]
§ 27-204 Interpretation of Zoning District Boundaries.
[Ord. 658, 4/9/2015]
1.
Where uncertainty exists as to the boundaries of any zoning district as shown on the Zoning Map, the following rules shall apply:
A.
Zoning district boundary lines are intended to follow or be parallel to the center line of streets, and streams and to lot or property lines as they exist on a recorded deed or plan of record in the Allegheny County Department of Real Estate at the time of the adoption of this chapter, unless such zoning district boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where a zoning district boundary is not defined by Subsection 1A, above, and the apparent zoning district boundary is within 10 feet of a lot line, rights-of-way center line, street center line, stream channel center line, or municipal boundary, then the zoning district boundary shall be considered such nearest line or boundary, unless specifically shown otherwise.
C.
Where a zoning district boundary does not follow lot lines, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the Zoning Map.
2.
When there is disagreement on the location of zoning district boundaries, a determination shall be made by the Planning Director, with appeal from the determination of the Planning Director made to the Zoning Hearing Board.
§ 27-205 Permitted Uses, Conditional Uses, and Special Exceptions by Zoning District.
[Ord. 658, 4/9/2015]
1.
The permitted uses, conditional uses and special exceptions for each zoning district are set forth in Table 27-1, "Use Table: Permitted Uses, Conditional Uses, and Special Exceptions," of this chapter, which may be referred to herein as the "Use Table"; provided, however, the permitted uses, conditional uses and special exceptions for each TND Zoning District are set forth in Part 15 of this chapter.[1]
[Amended by Ord. 669, 9/6/2017]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
2.
As used in Table 27-1 (Use Table) of this chapter:
A.
The letter "P" denotes a permitted use by right, subject to the requirements specified by this chapter and after a zoning and occupancy permit has been issued in accordance with Part 14 of this chapter.
§ 27-206 Uses Not Listed as a Permitted Use, Conditional Use, or Special Exception in Any Zoning District.
[Ord. 658, 4/9/2015]
Uses which are not specifically listed as a permitted use, conditional use, or special exception in any zoning district shall be permitted as a conditional use in the M-1 Industrial District and RT Research and Technology District pursuant to the procedures and requirements of Part 8 hereof provided that the applicant demonstrates that the proposed use complies with the general standards and criteria of § 27-803, Subsection 1, and the express standards and criteria of § 27-870.
§ 27-207 Development Intensity Overview.
[Ord. 658, 4/9/2015]
2.
Residential Development Alternatives. In order to provide housing diversity, maintain development flexibility, encourage efficient land development, promote environmental sensitivity, and enhance open space conservation, the following three residential development alternatives are available to a developer and/or landowner:
A.
Conventional lot development.
B.
Cluster lot development.
C.
Cottage home development.
General illustrations of the development alternatives are provided in Appendix 27-C of this chapter. The intensity of residential developments shall comply with one of the above-referenced residential development alternatives.
3.
PRD and PNRD. The intensity of any planned residential development (PRD) and planned nonresidential development (PNRD) shall comply with the requirements of Parts 10 and 11 of this chapter, respectively.
4.
Nonresidential Development. The intensity of all nonresidential developments shall comply with the density, yard, setback, height, and lot coverage requirements defined by Table 27-2, "Nonresidential Development Intensity Requirements," and Table 27-5, "Dimensional Requirements," of this chapter.
Table 27-2 | |||
|---|---|---|---|
Nonresidential Development Intensity Requirements | |||
Zoning District | Minimum Site Size (Acres) | Minimum Lot Area | |
C-1 | 10,000 SF | ||
C-2 | 20,000 SF | ||
M-1 | 1 Acre | ||
BP | 10 | 1 Acre | |
MX | 10 | 1 Acre | |
RT | 10 | 1 Acre | |
AP | 100 | 10 Acres | |
ED | 10 | 1 Acre | |
OS | |||
§ 27-208 Conventional Lot Development.
[Ord. 658, 4/9/2015]
1.
Conventional lot development shall be permitted in all residential zoning districts. No lot located within a conventional lot development shall be less than the minimum lot area per dwelling unit as defined by Table 27-3, "Conventional Lot Development Density Requirements," of this chapter.
2.
All conventional lot developments shall comply with the minimum yard, setback and lot coverage requirements defined in Table 27-5, "Dimensional Requirements," of this chapter.
3.
The maximum number of dwelling units permitted on a conventional lot development site is determined by the following formula:
Maximum Dwelling Units = DU/Acre x (A + 0.54 x B) |
Where: | ||
|---|---|---|
"DU/Acre" is the maximum conventional lot density found in Table 27-3, (Conventional Lot Development Density Requirements). | ||
"A" is the area of the site (in acres) containing less than 15% slope. | ||
"B" is the area of the site (in acres) containing 15% or greater slope. | ||
Table 27-3 | |||
|---|---|---|---|
Conventional Lot Development Density Requirements | |||
Zoning District | Minimum Lot Area Per Dwelling Unit (square feet) | Maximum Conventional Lot Density (Dwelling Units Per Acre) | |
OS | 435,600 SF | 0.10 | |
R-1 | 40,000 SF | 1.08 | |
R-1A | 40,000 SF | 1.08 | |
R-2 | 20,000 SF | 2.2 | |
R-3 | 12,000 SF | 3.63 | |
R-4, C-1 | 5,445 SF | 8.00 | |
R-5, C-2, ED | 3,630 SF | 12.00 | |
§ 27-209 Cluster Lot Development.
[Ord. 658, 4/9/2015]
1.
Cluster lot development allows the redistribution of density from sensitive resource areas to nonsensitive resource areas in order to encourage preservation of sensitive resource areas.
2.
Cluster lot development is voluntary and not required.
3.
The lot area and dimensional requirements proposed for any cluster lot development shall not be less than those set forth in Table 27-4, "Cluster Lot Development Density and Dimensional Requirements," of this chapter.
4.
Cluster lot development is a permitted use in the following residential zoning districts: R-1 District, R-1A District, R-2 District, R-3 District, and OS District. Except as provided in this section, the cluster lot development shall comply with the requirements of the underlying zoning district in which the development is located.
6.
Where practical, common open spaces shall be contiguous and easily accessible. The common open space shall, to the greatest extent practical, include the undisturbed sensitive natural resource areas defined by the requirements of Part 4B of this chapter.
7.
The maximum permitted density for a cluster lot development shall be the same as what could be proposed under a conventional lot development on the site. See § 27-208, Subsection 3, for the formula for calculating such density.
Table 27-4 | ||||||
|---|---|---|---|---|---|---|
Cluster Lot Development Density and Dimensional Requirements | ||||||
Zoning District | Minimum Lot Area Per Dwelling Unit (square feet) | Minimum Lot Frontage (feet) | Minimum Building Setbacks (feet) | |||
Front Yard at Local Street | Front Yard at Arterial/ Collector Street | Side Yard | Rear Yard | |||
OS | 40,000 | 100 | 40 | 50 | 12 | 25 |
R-1 | 20,000 | 70 | 30 | 40 | 12 | 25 |
R-1A | 20,000 | 70 | 30 | 40 | 12 | 25 |
R-2 | 12,000 | 65 | 25 | 35 | 8 | 25 |
R-3 | 9,000 | 65 | 25 | 35 | 8 | 25 |
§ 27-210 Cottage Home Development.
[Ord. 658, 4/9/2015]
1.
General.
A.
Cottage home development allows the redistribution of density from sensitive resource areas to nonsensitive resource areas in order to encourage preservation of sensitive resource areas.
B.
Cottage home development is voluntary and not required.
C.
Cottage home development is a permitted use in the following residential districts: R-1 District, R-1A District, R-2 District, R-3 District, and OS District. Except as provided in this section, the cottage home development shall comply with the requirements of the underlying zoning district in which the development is located.
D.
The development shall be done as a condominium or other similar property ownership structure with common ownership of the land within the development site.
E.
Cottage home land development plans shall be designed by a registered landscape architect or engineer based on a current topographical survey prepared by a registered surveyor.
2.
Gross Site Requirements.
A.
Gross Site Frontage. The site of the proposed development shall have a minimum frontage of 150 feet. Any vehicular access point to an existing public street shall comply with this minimum frontage requirement.
B.
Access. Less than 20 units may connect to a local street, 20 units or more must connect to an arterial street or collector street.
4.
Setback and Buffer Requirements.
A.
Yard setbacks for dwelling units shall be a minimum of 50 feet from all perimeter property lines and a minimum of 15 feet from the edge of paving on all internal private driveways within the development.
B.
In the case where the garage door faces the internal private driveway, the face of the garage shall maintain a minimum twenty-foot distance from the edge of the driveway.
D.
A minimum thirty-foot setback shall be maintained from all internal streets within the plan.
5.
Building Requirements.
A.
Garage Door Orientation. To the maximum extent practical, garage doors of dwelling units shall not face the internal private driveway.
6.
Parking, Driveway, Internal Streets.
A.
Each dwelling unit shall provide at least two parking spaces per unit.
B.
Visitor parking spaces shall be provided at the rate of at least one-half parking space per dwelling unit.
C.
If internal streets are utilized to develop a cottage home development, the internal streets shall be designed as a private street to be maintained by a homeowners association or condominium association. For purposes of this section, the term "internal street" shall mean a privately maintained street that serves the internal street network within a cottage home development being a minimum of 20 feet in width, excluding curbs.
7.
Common Open Space. A minimum of 40% of the gross site area shall be set aside as common open space area within the development. Where practical, common open spaces shall be contiguous and easily accessible. The common open space shall, at a minimum, include the undisturbed sensitive resource areas defined by the requirements of Part 4B of this chapter. The common open space shall include, but not be limited to, landscaped plazas, grass areas, fountains, sitting areas, and similar areas designed by a landscape architect. The common open space shall not include areas used as buildings, driveways, internal streets or any other space that does not contribute to the quality of the environment. The common open space shall be located in such a manner to provide the maximum number of dwelling units easy access to the common open space areas. In addition, a minimum of 5% of the common open space areas shall be dedicated to passive recreation areas as agreed upon by the Township and developer during the approval process.
§ 27-211 Dimensional Requirements.
[Ord. 658, 4/9/2015]
1.
The minimum dimensional requirements for lots, buildings, and structures in each zoning district shall be provided as shown in Table 27-5 (Dimensional Requirements) of this chapter, unless otherwise provided in this chapter.
2.
Any development of a lot shall conform to the dimensional requirements of the zoning district in which it is located, as well as, if applicable to the lot, any additional overlay district provisions as identified in Part 3 of this chapter.
3.
Lot frontage shall be measured at the street right-of-way line.
Table 27-5 | ||||||
|---|---|---|---|---|---|---|
Dimensional Requirements | ||||||
Zoning District | Minimum Lot Frontage (Feet) | Minimum Building Setbacks (Feet) | Maximum Building and Structure Height (Feet) | Maximum Lot Coverage | ||
Front Yard | Side Yard | Rear Yard | ||||
R-1 | 100 | 50 | 15 | 30 | 40 | 20% |
R-1A | 100 | 50 | 15 | 30 | 40 | 20% |
R-2 | 70 | 35 | 10 | 30 | 40 | 30% |
R-3 | 70 | 35 | 10 | 30 | 40 | 35% |
R-4 | 65 | 35 | 10 | 30 | 40 | 40% |
R-5 | 65 | 35 | 10 | 30 | 40 | 40% |
C-1 | 65 | 35 | 10 | 30 | 40 | 50% |
C-2 | 100 | 50 | 10 | 20 | 40 | 75% |
M-1 | 100 | 50 | 20 | 50 | 40 | 50% |
BP | 150 | 50 | 50 | 50 | 40 | 40% |
MX | 150 | 50 | 50 | 50 | 40 | 75% |
RT | 150 | 50 | 20 | 50 | 40 | 75% |
AP | 300 | 150 | 100 | 100 | 40 | 50% |
ED | 35 | 20 | 30 | 40 | 40% | |
OS | 120 | 50 | 15 | 30 | 40 | 10% |
§ 27-212 Height Requirements.
[Ord. 658, 4/9/2015]
1.
In the R-1 District, R-2 District, R-3 District and OS District, no structure shall exceed 40 feet in height above the average ground level immediately adjacent to the structure. In any other district, no structure shall exceed 40 feet in height above the average ground level immediately adjacent to the structure, except that the maximum height may be increased, provided that all front, side and rear yard depths are increased by one foot for each additional foot of height over 40 feet. No structure shall exceed a height of 100 feet unless otherwise provided by this chapter.
2.
No parking garage/structure shall exceed 40 feet in height above the average ground level immediately adjacent to the parking garage/structure. No height increases to parking garages/structures shall be permitted based upon increased yard depths as defined in Subsection 1.
3.
Exceptions. The maximum building and structure height limitations of this chapter shall not apply to the following, provided that they do not constitute a hazard to the airport and that they comply with the AZO Airport Zone Overlay District requirements of Part 3 of this chapter: church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, cooling towers, ornamental towers, spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, rooftop equipment, screening of rooftop equipment, and mechanical penthouses for rooftop equipment, whether or not fully enclosed.
§ 27-213 Lot, Yard, and Floor Area Requirements.
[Ord. 658, 4/9/2015]
1.
In all residential districts the requirements listed in Table 27-3 (Conventional Lot Development Density Requirements) and Table 27-5 (Dimensional Requirements) are applicable, except that cluster lot developments shall be permitted to use the minimum requirements in Table 27-4 (Cluster Lot Development Density and Dimensional Requirements) where the requirements in Table 27-5 (Dimensional Requirements) are greater and cottage home developments shall use the setbacks and frontage requirements in § 27-210 of this chapter.
2.
In all nonresidential districts the requirements in Table 27-2, "Nonresidential Development Intensity Requirements," and Table 27-5, "Dimensional Requirements," are applicable.
3.
Any lot of record in the BP Business Park District, RT Research/Technology District, or MX Mixed-Use District legally existing and held in separate ownership from adjacent lots or parcels on the effective date of this chapter may be used for any permitted use by right or any conditional use or use by special exception authorized in the district in which it is located even though the lot does not meet the minimum site area required for a business park or mixed-use district development, provided that all other requirements of the zoning district for the proposed use shall be met.
4.
Lots, which abut more than one street, shall provide the required front yards along every street. The side yard shall be opposite the front yard. The configurations of the Township's lots are illustrated in Appendix 27-B of this chapter.
5.
All structures, whether attached to the principal building or structure or not and whether open or enclosed, including porches, carports, balconies, decks or any platforms in excess of 12 inches above the nearest ground which has not been mounded against or in conjunction with the development of the platform (i.e., that ground which has come to be, prior to the development of the platform, the normal grade level), shall not project into any minimum required front yard, side yard, or rear yard, except as provided for in Part 5 of this chapter.
6.
Any lot of record existing at the effective date of this chapter may be used for the erection of a building or structure conforming to the use regulations of the zoning district in which it is located, even though its area and width are less than the minimum requirements of this chapter, provided that all other requirements of the district can be met.
7.
All sanitary sewage facilities, including, but not limited to, on-lot septic tanks, shall be constructed and installed in accordance with the applicable requirements of the Department of Environmental Protection (DEP), the Allegheny County Health Department (ACHD), and the MTMA.
8.
Any portion of a lot once used as a yard or as lot area per dwelling unit in compliance with the lot area requirements of the district regulations of this chapter shall not be counted again as required yard or lot area per dwelling unit for another building.
9.
No structure or use of land which has nonconforming yards may be enlarged or expanded in any manner which will further reduce the minimum dimension of such nonconforming yards as outlined in Part 12 of this chapter.
10.
Uses, Structures or Buildings per Lot.
A.
Only one single-family detached dwelling unit, one mobile home or one two-family detached dwelling, together with its permitted accessory structures, shall be located on any single lot. A development proposing two or more single-family detached dwellings, mobile homes or two-family detached dwellings on one lot shall not be permitted, except in accordance with Part 10 of this chapter, or § 27-210 (Cottage Home Developments) of this chapter.
B.
Two or more multi-family dwelling structures are permitted on one lot, provided that the following requirements are satisfied:
(1)
The minimum lot area per dwelling unit, as provided for in Table 27-3 (Conventional Lot Development Density Requirements) and Table 27-4 (Cluster Lot Development Density and Dimensional Requirements) of this chapter, is required.
(2)
Any portion of a lot once used as lot area per dwelling unit shall not be utilized again for another required lot area per dwelling unit.
(3)
The development shall conform to the minimum lot width requirement of the zoning district in which it is located.
(4)
The development shall conform to all yard requirements around the perimeter of the lot for the zoning district in which it is located.
(5)
An adequate, Township-approved access shall be provided to a street for municipal services such as fire, police, emergency vehicles, and other service vehicles.
C.
A nonresidential development in which two or more principal buildings or structures are proposed on one lot shall be permitted, provided that the following requirements are satisfied:
(1)
The development does not exceed the maximum lot coverage as required by this chapter.
(2)
The development shall conform to the minimum lot area and minimum lot width requirements of the zoning district in which it is located.
(3)
The development shall conform to all the yard, bufferyard and landscape requirements around the perimeter of the lot for the zoning district in which it is located.
(4)
An adequate, Township-approved access shall be provided to a street for municipal services such as fire, police, emergency vehicles, and other service vehicles.
11.
Allowable Yard Projections.
A.
General. Eaves, cornices, or other similar architectural features shall be permitted to project into a required yard no more than 12 inches. Chimneys shall be permitted to project no more than two feet, provided the width of any side yard is not reduced to less than 10 feet.
B.
Front Yards. Open, unenclosed ramps, porches, platforms, or landings, not covered by a roof, shall be permitted to extend no more than six feet into the required front yard, provided such porch does not extend above the first floor and is no more than six feet above grade at any point.
C.
Rear Yards. Windows shall be permitted to project into a required rear yard no more than two feet.
12.
Yard and Bulk Requirements for Two-Family, Quadplex and Multi-family Dwellings. Notwithstanding the requirements of § 27-211 (Dimensional Requirements), two-family, quadplex and multi-family dwellings permitted in the R-4 District, R-5 District, and C-1 District shall be subject to the yard and bulk requirements of this subsection, as long as the uses are connected to a public sewer system and a public water system. Where no requirement is listed in this subsection, the requirement of the underlying zoning district shall govern:
A.
Minimum lot area (dwelling attached by at least two sides): 2,000 square feet.
B.
Minimum lot area (dwellings attached by one side only): 3,000 square feet.
C.
Minimum lot frontage at the street right-of-way line: 22 feet.
D.
Minimum lot frontage at the front building setback line: 22 feet.
E.
Minimum side yard (at attached dwelling party wall)-none; accessory structure: five feet.
F.
Minimum side yard (end dwelling units): 10 feet; accessory structure: five feet.
G.
Minimum distance between principal buildings: 30 feet.
13.
Lease Lots. A lease lot related to a an unmanned communications tower or unmanned essential services shall not be required to comply with the minimum lot size, minimum lot width and maximum lot coverage requirements of the zoning district in which the lease lot is located provided that the fee simple lot on which the proposed unmanned communications tower or unmanned essential services is located complies with these requirements.
14.
Floor Area. No residential dwelling unit shall have a gross floor area of less than 720 square feet.
§ 27-214 Vegetation Preservation and Bufferyards.
[Ord. 658, 4/9/2015]
Vegetation preservation and bufferyards are governed by the specifications in this section and the provisions of the MPC.
A.
Vegetation Preservation. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted only when in conformance with the provisions of this chapter, the Moon Township Code of Ordinances, as amended, and any other Township ordinance regulating subdivision, land development, logging and forestry activities. Grubbing activity shall be permitted with the expressed approval of the Zoning Officer. A landscape plan complying with the provisions of this chapter, the Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Township ordinance, shall be prepared and submitted at the time of submission of an application for final subdivision, land development, and/or PRD approval, or at the time of submission of a zoning and occupancy permit application if the project does not constitute a subdivision or land development; provided, however, this landscape plan requirement shall not apply to the construction of a single-family detached dwelling that does not constitute a land development, as defined in this chapter. This landscape plan shall be prepared and sealed by a landscape architect.
B.
Restrictions on Cutting and Clearing Vegetation.
(2)
The cutting of trees and/or clearing of vegetation is prohibited (a) within 40 feet of a property line, or (b) within the maximum bufferyard which could be applicable to the subject property as required by § 27-214 of this chapter, or (c) within the minimum yard areas required by this chapter, whichever is greater. Grubbing activity is permitted where the purpose is to improve the appearance of the property.
(3)
In addition to any other remedy available to the Township and in the event that the construction of structures and/or infrastructure on the lot does not commence despite an approved development plan within six months of the completion of the clearing operations as determined by the Township, a landowner and/or developer shall reforest the disturbed site in accordance with requirements of Bufferyard 1 or, where applicable the special bufferyard as set forth in § 27-214, Subsection 1F, of this chapter, utilizing the Forest Style Plantings as illustrated in Appendix 27-D of this chapter. Should this six-month period fall during a season not conducive to planting, the Township may permit the developer and/or landowner to delay this reforestation until a time more conducive to growth, but shall commence no later than April 1. Furthermore, at the time of the development plan approval, the Township shall require that performance security in an amount recommended by the Township Engineer and otherwise in compliance with the Financial Security Ordinance [Chapter 1, Part 7] be provided, in the favor of the Township, to guarantee this reforestation. The lot must be reforested with a species comparable to the predominant species on the lot prior to the commencement of the clearing operations.
(4)
The landscape plan required by § 27-214, Subsection 1A, shall show the location and species of all existing trees 12 inches or greater in diameter at breast height ("dbh"). In cases where the wooded area on the property is greater than one acre, the applicant may locate trees 12 inches or greater dbh from a representative wooded area on the subject property that is 100 feet by 100 feet in area and utilize that representative sample to determine the number of trees 12 inches or greater dbh on the remaining wooded portion of the property. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more dbh. All trees, including those not listed in Appendix 27-D, are subject to approval by the Township Landscape Consultant with respect to health, location and species type. Trees to be preserved should not be disturbed within the dripline. Any change to the existing grade within the dripline shall disqualify the opportunity for credits. A developer preserving existing approved trees shall be entitled to the following credits from the bufferyard requirements of § 27-214 of this chapter:
(a)
Eighteen-inch dbh or greater tree located in required bufferyards: six trees.
(b)
Eighteen-inch dbh or greater tree located outside required bufferyards: seven trees.
(c)
Twelve-inch to eighteen-inch dbh tree located in required bufferyards: four trees.
(d)
Twelve-inch to eighteen-inch dbh tree located outside required bufferyards: five trees.
(e)
Six-inch to twelve-inch dbh tree located in required bufferyards: two trees.
(f)
Six-inch to twelve-inch dbh tree located outside required bufferyards: three trees.
C.
Bufferyards. Bufferyards shall be required in conjunction with the development of any lot as defined by Table 27-6, "Bufferyards" and as further illustrated and defined in Appendix 27-D of this chapter.
Table 27-6 Bufferyards | |||||
|---|---|---|---|---|---|
Development Proposed | Required Bufferyards | ||||
1 | 2 | 3 | |||
Any Use in Any Residential District Other than a Single-Family Detached Dwelling, Two-Family Dwelling, or Open Space | |||||
Adjoining property in any residential district | X | ||||
Adjoining property in any other district | X | ||||
Any Use in C-1, C-2 or MX District | |||||
Adjoining property in any residential district | X | ||||
Adjoining any multi-family use, or property in any ED, OS, M-1, BP or AP District | X | ||||
Adjoining any property in any C-1, C-2, MX or RT District | X | ||||
Any Use in the BP District | |||||
Adjoining any property in any residential district | X | ||||
Adjoining any property in other district | X | ||||
Any Use in RT, M-1 or AP District | |||||
Adjoining any property in any residential district | X | ||||
Adjoining any property in any C-1, C-2, BP, OS, ED or MX District | X | ||||
Adjoining any property in any M-1, RT or AP District | X | ||||
Any Use in ED District | |||||
Adjoining any property in any residential district | X | ||||
Adjoining any property in any other district | X | ||||
(1)
Vegetation within Bufferyards.
(a)
The minimum spacing, size and quantity of vegetation planted within a bufferyard shall be prescribed by § 27-214, Subsection 1C, and Appendix 27-D of this chapter. If a minimum spacing is not specifically prescribed in § 27-214, Subsection 1C, and/or Appendix 27-D of this chapter, then the minimum spacing shall comply with accepted landscape conservation practices.
(b)
Any existing trees located within the required bufferyard that are a minimum of six inches dbh in accordance with American Nursery Association standards shall count as required trees within the bufferyard. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified by accepted landscape conservation practices.
(c)
All trees required to be planted within the bufferyard shall be a minimum of 2 1/2 inches dbh in accordance with American Nursery Association standards and shall be planted in accordance with accepted landscape conservation practices. All required trees shall be a minimum of six feet at the time of planting as measured from the ground adjacent to the planted tree to the top of the tree.
(2)
Bufferyard Requirements. Bufferyards 1, 2 and 3 listed in Table 27-6 (Bufferyards) are defined as follows:
(a)
Bufferyard 1. Bufferyard 1 shall be 40 feet wide extending back in depth from the lot line. The minimum spacing, quantity and type of vegetation planted within Bufferyard 1 shall be as prescribed by this section and Appendix 27-D. The Forest Style Planting Conceptual Plan, as illustrated in Appendix 27-D, shall be required along any property line or portion thereof adjoining property in a residential zoning district. For all other property lines or portions thereof, the developer shall have the option to use the Forest Style Planting Conceptual Plan or the Prairie Style Planting Conceptual Plan, as illustrated in Appendix 27-D.
(b)
Bufferyard 2. Bufferyard 2 shall be 20 feet wide extending back in depth from the lot line. The minimum spacing, quantity and type of vegetation planted within Bufferyard 2 shall be as prescribed by this section and Appendix 27-D. The Forest Style Planting Conceptual Plan, as illustrated in Appendix 27-D, shall be required along any property line or portion thereof adjoining property in a residential zoning district. For all other property lines or portions thereof, the developer shall have the option to use the Forest Style Planting Conceptual Plan or the Prairie Style Planting Conceptual Plan, as illustrated in Appendix 27-D.
(c)
Bufferyard 3. Bufferyard 3 shall be 10 feet wide extending back in depth from the lot line. The minimum spacing, quantity and type of vegetation planted within Bufferyard 3 shall be as prescribed by this section and Appendix 27-D.
(d)
No buildings, structures, or uses including, but not limited to, accessory structures, parking spaces, and lighting devices, may be located in a bufferyard except that driveways and access drives may be located in a bufferyard as permitted by this chapter or the Subdivision and Land Development Ordinance [Chapter 22].
(3)
Special Bufferyard. Any property having frontage on Business Loop 376 (SR3160) from Hangar Road to the Montour Run Interchanges or the southerly side of Beaver Grade Road between Ewing Road and the access drive on property now or formerly owned by Eaton Finance NV currently designated as Allegheny County Block/Lot No. 595-M-50, shall maintain a one-hundred-fifty-foot bufferyard from the right-of-way of said roads and any appurtenances, such as interchanges and ramps. Notwithstanding the foregoing, the special bufferyard required by this subparagraph (3) shall not be required to exceed 30% of the depth of a parcel. Existing vegetation in this bufferyard shall not be disturbed, other than the removal of dead or diseased trees or other vegetation, except that any area within a street right-of-way or easement may be disturbed to the extent necessary to provide streets, public utilities, access drives, essential services or stormwater retention facilities. The quantity and type of vegetation planted within the special bufferyard required by this subparagraph (3) shall be as prescribed by this section and Appendix 27-D. The Forest Style Plantings, as illustrated in Appendix 27-D, shall be required along any property line or portion thereof adjoining property in a residential zoning district. For all other property lines or portions thereof, the developer shall have the option to use the Forest Style Plantings or the Prairie Style Plantings, as illustrated in Appendix 27-D. Additionally, should a stormwater retention facility be proposed within this bufferyard, a detailed landscaping plan for said facility must be submitted and approved by the Township Engineer or the Township Landscape Consultant.
(4)
When the width of a required bufferyard specified in subparagraph (2) is in conflict with the minimum yard requirements of this chapter, or any other applicable Township ordinance, the greater distance shall apply. The landowner and/or developer shall adhere to the bufferyard planting requirement regardless of what the yard requirement is.
(5)
In instances where an existing structure houses the principal use of the property and is located within any required bufferyard, a bufferyard of not less than the minimum distance from the existing structure to the property line shall be required. This reduced bufferyard width shall apply only to the yard area which the existing structure encroaches upon. If the existing structure is located within the required bufferyard on one side of the building, the required bufferyard as determined by this paragraph and Table 27-6 (Bufferyards) shall apply on all other yard areas. All landscaping requirements shall be adhered to regardless of the bufferyard width.
D.
All yard areas not utilized for structures, parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between the time period of November 1 through April 1, in which case the required sodding or seeding must commence within two weeks of April 1 and be completed within a reasonable time period thereafter.
E.
It shall be the responsibility of the developer and/or landowner to assure the continued growth of all required landscaping and/or to replace the same in the event of freezing, drought, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
F.
Stormwater management facilities and related structures may be maintained within a bufferyard, but the existence of such stormwater management facilities and related structures shall not be a basis for a failure to meet the landscaping requirements.
H.
Those provisions of this section requiring that vegetation be planted or maintained shall not apply to any property that is located within (1) 600 feet of an existing runway, taxiway or other paved surface used for the moving of airplanes, or (2) 1,000 feet of the end of any existing runway, provided that if the area in which the vegetation otherwise would be required borders a public street or adjacent property not owned by the applicant, the applicant shall plant and maintain a grass lawn.
§ 27-215 Landscaping.
[Ord. 658, 4/9/2015]
Landscaping shall be provided in accordance with the following specifications:
A.
Landscaping required in bufferyards as outlined in § 27-214 cannot be substituted for any required landscaping mandated in this section.
B.
A landscape plan, with appropriate details, shall be prepared and submitted at the time of submission of an application for final subdivision, land development, and PRD approval, or at the time of submission of a zoning and occupancy permit application if the project does not constitute a subdivision or land development; provided, however, this landscape plan requirement shall not apply to the construction of a single-family detached dwelling that does not constitute a land development as defined in this chapter. This landscape plan shall contain and show the following, and illustrate at scale, the location, size, and name of each tree, shrub and ground cover as it relates to the proposed topography:
(1)
All required bufferyards with proposed plantings and identifying the height and width of any proposed mounds.
(2)
All required plantings independent of any bufferyard requirements.
(3)
Any plantings in excess of the requirements of this chapter.
(4)
Any existing trees or vegetation which are to be preserved and for which a credit is being sought in accordance § 27-214, Subsection 1B(4), of this chapter, accurately identifying their relative size and location.
(5)
Demarcation of areas of existing trees or vegetation which will be removed.
(6)
Demarcation of areas of trees and vegetation which will not be disturbed.
C.
Nonresidential Developments. In conjunction with any nonresidential development, at least one deciduous tree must be planted for each 500 square feet of gross floor area, or one deciduous tree per 100 linear feet of site perimeter, whichever is greater.
D.
Street Trees. Street trees shall be planted on a lot as follows:
(1)
For each single-family detached dwelling, at least one deciduous street tree shall be planted in the front yard no closer than 12 feet from the front lot line. Further, for any lot with over 100 linear feet of frontage, an additional street tree shall be planted for each 100 linear feet of frontage or portion thereof. The species and size of each street tree shall be selected from, and comply with, the list of permitted street trees found in Appendix 27-D of this chapter.
(2)
For all other uses, deciduous street trees shall be planted along all streets, except alleys, at a spacing of 20 feet to 30 feet, dependent on species. Street trees shall be spaced appropriately for their species, pursuant to accepted landscape conservation practices, so as to create a continuous canopy along the sidewalk or street edge once mature. For example, large street trees should be spaced every 30 feet and smaller, utility line compatible trees should be spaced every 15 feet to 25 feet based on mature canopy size. Each street tree shall be planted in the front yard no closer than 12 feet from the front lot line. The species and size of each street tree shall be selected from, and comply with, the list of permitted street trees found in Appendix 27-D of this chapter.
(3)
Street trees shall not be planted within the following distances:
(a)
Twenty-five feet of the curb line of a street intersection.
(b)
Five feet of the edge of an alley or driveway.
(c)
Ten feet of fire hydrants, underground utilities, and utility poles.
(d)
Ten feet of directional traffic signs.
(e)
Two feet of side lot lines.
(f)
Twenty-five feet of stop or yield signs.
(g)
Twenty-five feet of street lights.
(h)
Twenty feet or more of adjacent existing trees, which specific spacing shall be determined by the species of tree selected and the species of adjacent trees.
E.
Landscaping of Parking Lots and Parking Structures/Garages. Parking lots and parking structures/garages shall be landscaped as follows and as provided in Appendix 27-D:
(1)
Perimeter Landscape Screening. Landscape screening shall be provided along the perimeter of all parking lots and parking structures/garages. The perimeter parking landscape area shall:
(a)
Be at least 10 feet wide.
(b)
In addition to the requirements of § 27-214 of this chapter, provide a row of low level evergreen shrubs or continuous vegetative screen or earthen mounding which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low level shrubs, continuous vegetative screen, or mounds shall be of such height that a person facing a passenger car with the shrubs, continuous vegetative screen, or mounds between him/her and the car could observe the car's low beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable.
The perimeter parking landscape area shall otherwise comply with the bufferyard standards as defined and required in § 27-214, Subsection 1C, of this chapter.
(2)
Interior Landscaping for Parking Lots.
(a)
Interior landscaping shall be required for new parking lots or expansion of existing parking lots containing more than 4,000 square feet or 10 parking spaces, whichever is less. Where a pre-existing parking lot is altered or expanded to increase the size to 4,000 or more square feet of area or 10 or more parking spaces, interior landscaping shall be provided for the entire parking lot and not merely to the extent of the parking lot's alteration or expansion.
(b)
The interior landscape areas of a parking lot shall be equal to at least 10% of the aggregate size of the parking lot. This interior landscaping shall be distributed throughout the parking lot in order to satisfy the goal of shading the parking lot.
(d)
Each tree placed within an interior landscape island shall be placed in accordance with accepted landscape conservation practices.
(e)
All landscape islands shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface (wedge curbing is acceptable), except as otherwise provided in Appendix 27-D.
(f)
Each deciduous tree shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient deciduous trees so that, using this standard, 20% of the vehicle accommodation area (excluding driveways and traffic aisles) shall be shaded.
(g)
The perimeter landscaping of parking lots shall not substitute for interior landscaping in parking lots. However, interior landscaping may join perimeter landscaping as long as the interior landscaping extends at least four feet into the parking lot from the perimeter landscaping.
(3)
Parking Structures/Garages. Landscaping for parking structures/garage for the applicable zoning district(s) shall be provided in accordance with Bufferyard 3 as defined by this Part.
F.
Landscaping for Service Structures. All service structures shall be fully screened.
(1)
Location of Screening. A continuous vegetative screen, fence, wall or earthen mounding shall enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height, unless otherwise specified in this chapter. When a service structure is located next to a building wall, perimeter landscaping material may fulfill the screening requirements for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this paragraph. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required landscaping.
(2)
Protection of Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container.
G.
All trees which are required to be planted as per the requirements of this section shall be a minimum of 2 1/2 inches dbh at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted landscape conservation practices.
H.
All areas not utilized for structures, parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between the time period of November 1 through April 1, in which case the required sodding or seeding must commence within two weeks of April 1 and be completed within a reasonable time period thereafter.
I.
All freestanding signs shall be landscaped, except those signs which have traffic traveling below them. A landscape plan must be submitted as part of the application for a sign permit. The Zoning Officer must approve the landscape plan prior to issuing a sign permit.
J.
Landscape walls are nonstructural, non-load-bearing walls less than 30 inches in height and used in the art of arranging or modifying the features of a landscape to secure beautiful or advantageous effects. Walls greater than 30 inches in height must meet the requirements of § 27-501, Subsection 10.
M.
Those provisions of this section requiring that vegetation be planted or maintained shall not apply to any property that is located within (1) 600 feet of an existing runway, taxiway or other paved surface used for the moving of airplanes, or (2) 1,000 feet of the end of any existing runway, provided that if the area in which the vegetation otherwise would be required borders a public street or adjacent property not owned by the applicant, the applicant shall plant and maintain a grass lawn.
N.
Financial Security for Landscaping and Bufferyards.
[Added by Ord. 669, 9/6/2017]
(1)
Performance Security. The landowner and/or developer shall provide the Township with performance security, as required by the Subdivision and Land Development Ordinance [Chapter 22], during development of the site to guarantee proper installation of the landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscape plan.
(2)
Maintenance Security. The landowner and/or developer shall provide the Township with maintenance security to guarantee the maintenance and survival of the landscaping and bufferyard materials installed on the subject property in accordance with this chapter and the Township-approved landscape plan. The maintenance security shall be in the amount of 15% of the replacement cost of the required landscaping and bufferyard materials and shall guarantee the maintenance and survival of the landscaping and bufferyard materials for a period of 18 months after initial planting and certification by the Township Engineer.
(3)
Form. All such performance security and maintenance security shall be in accordance with the requirements of the Financial Security Ordinance [Chapter 1, Part 7]. Release of the performance security and maintenance security shall be handled consistent with the requirements of the Subdivision and Land Development Ordinance [Chapter 22].