Muhlenberg Township
City Zoning Code
City Zoning Code
ARTICLE IX
Supplementary Regulations
§ 355-88 Statement of intent.
A.
The purpose and objective of the provisions established under Article IX of this chapter are to establish specific supplementary regulations for residential and nonresidential land uses.
B.
The provisions contained in this Article IX are intended to serve as minimum requirements to promote the public health, safety and the general welfare of the residents and property owners of Muhlenberg Township. The regulations shall supplement and not replace the provisions established within this chapter of the Code. Unless otherwise specified within this chapter and/or where the supplementary regulations contained within this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions established under this article shall be upheld.
C.
The supplementary regulations established under Article IX of this chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these supplementary regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
§ 355-89 Access to lots, building and structures.
A.
Every building and structure hereafter erected or moved shall be located on a lot adjacent to a public street or an approved private street where the buildings and structures shall be so located on the lots in such a manner as to provide safe and convenient access for emergency vehicles and off-street parking.
B.
Unless otherwise specifically stated otherwise within the chapter, no more than one principal building, structure or use of land shall be permitted or erected on a single lot.
§ 355-90 Accessory uses and/or structures.
A.
The following provisions for accessory uses and structures shall apply to residential uses within all zoning districts:
(1)
Unless otherwise specified within this chapter, accessory buildings or structures for a residential use shall comply with the following setback provisions:
(a)
Accessory buildings or structures for a residential use with 150 square feet or less in floor area, which are located within the R-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts, shall be permitted within any side yard or rear yard, provided that they are located at least 10 feet from the property line.
(b)
Accessory buildings or structures for a residential use with 150 square feet or less in floor area, which are located within the R-2, R-3, R-4, R-5 and C-1 Zoning Districts, shall be permitted within any side yard or rear yard, provided that they are located at least three feet from the property line.
(c)
Accessory buildings or structures for a residential use exceeding 150 square feet or less in floor area, which are located within the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts, shall comply with minimum setback provisions.
(2)
Garages, porches, decks, terraces, patios, and similar buildings or structures which are located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project onto another property and they are located at least five feet from the rear yard.
(3)
No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.
(4)
Private noncommercial in-ground or aboveground swimming pools which are designed to contain water with a total surface area greater than 100 square feet and a depth of 24 inches or more shall be located in the rear or side yard only, entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum side or rear yard area in which it is located. Section 355-108 of this chapter provides additional provision for swimming pools.
(5)
Private noncommercial in-ground or aboveground hot tubs or therapeutic spas which are designed to contain water with a total surface area less than 100 square feet and a depth of 24 inches or more shall be located in the rear or side yard only, which shall be properly secured pursuant to the manufacturer's specifications.
(6)
Detached garages, greenhouses and other similar outbuildings are permitted as residential accessory uses, provided that they are located in a manner to comply with the building setback lines for the zoning district in which they are located. All such accessory uses shall be erected, enlarged and/or demolished in accordance with all applicable provisions of the chapter. The maximum span of any one side of a permitted detached garage, greenhouse and other outbuilding shall not exceed 36 feet.
(7)
Paved terraces, patios or open porches are permitted as residential accessory structures, provided that such terraces, patios or open porches comply with the following: they are not completely structurally enclosed; they are not located closer than 10 feet to any lot line (except a lot line which is the projection of a common wall); and they do not project into any required front yard.
(8)
Noncommercial tennis courts shall not be located closer than 15 feet from any property line.
(9)
Private freestanding satellite receiving dishes or telecommunications devices shall be mounted at ground level and shall not be located closer than 10 feet from any property lines.
(10)
The height of a permitted detached garage shall not exceed 35 feet. Unless otherwise specified by this chapter, the height of all other permitted residential accessory structures shall not exceed 20 feet.
(11)
Utility sheds located on a residential lot shall not exceed a floor area of 300 square feet.
(12)
The keeping of domestic farm animals within an accessory structure is permitted, provided that all activities are in compliance with Chapter 123, Animals, of the Code, and provided that the accessory structure is located in a manner to comply with the building setback lines for the zoning district in which it is located.
(13)
Alternative energy systems, including windmills, solar energy panels, geothermal systems, or other similar systems, shall be permitted as accessory structures, provided that they are located in a manner to comply with the building setback lines for the zoning district in which they are located.
(14)
All man-made ponds, lakes, dams and impoundments shall be permitted, provided that they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.
B.
The following provisions for accessory land uses and structures shall apply to nonresidential uses within all zoning districts:
(1)
Storage facilities are permitted, provided that such facilities are located in areas which have access to a street or driveway. Outdoor storage of materials shall be screened from the view of adjacent properties.
(2)
Living quarters are permitted only for proprietors, watchmen, caretakers or similar employees.
(3)
Restaurants, cafeterias and/or recreational facilities are permitted, provided that they are intended for the use of employees only, unless they are permitted as a principal use.
(4)
Unless otherwise specified within this chapter, all accessory buildings and structures shall be located in a manner to comply with the building setback lines for the zoning district in which they are located.
(5)
No permanent nonresidential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.
(6)
Unless otherwise specified by this chapter, the height of a nonresidential accessory structure shall be 35 feet in height.
(7)
Alternative energy systems, including windmills, solar energy panels, geothermal systems, or other similar systems, shall be permitted as accessory structures, provided that they are located in a manner to comply with the building setback lines for the zoning district in which it is located.
(8)
All man-made ponds, lakes, dams and impoundments, as well as all stormwater management detention or retention ponds, shall be permitted, provided that they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.
§ 355-91 Residential conversions.
A.
The Zoning Hearing Board may authorize as a special exception the conversion of any single-family detached dwelling into a dwelling for not more than two families, provided that the tract or lot is located within the R-1, R-2 and R-3 Zoning Districts.
B.
As part of the special exception application, the applicant shall demonstrate that the residential conversion shall comply with the following provisions:
(1)
The minimum lot area per family shall not be reduced to less than the minimum lot area that is required for a single-family dwelling in the zoning district in which the residential conversion is located.
(2)
The minimum and maximum dimensional requirements for the appropriate zoning district shall not be reduced.
(3)
The residential uses are serviced by public sewage disposal facilities and public water supply facilities, where separate utility connections are provided meeting the approval of the Muhlenberg Township Municipal Authority.
(4)
The residential conversion shall take place within a large building to accommodate two families. The applicant shall demonstrate that the building has relatively little economic value or usefulness as a single-family detached dwelling.
(5)
The building can be altered and improved to comply with all building code requirements. The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Muhlenberg Township and/or the Commonwealth of Pennsylvania.
(6)
Each residential unit shall contain independent washing and bathing facilities as well as a complete kitchen with cooking facilities to accommodate the tenants.
(7)
At least four off-street parking spaces are provided which are designed to comply with the provisions of Article X of this chapter.
(8)
There shall be no external alterations of the building, unless it is required for safety, structural durability, accessibility, architectural enhancement, or as permitted by Muhlenberg Township.
C.
If the residential conversion is permitted, the Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate.
D.
All residential conversions shall be subject to an annual inspection by the Muhlenberg Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.
§ 355-92 Home occupation regulations.
A.
For the purposes of this chapter, home occupations shall include the following two categories:
(1)
Category 1 home occupation (also known as "no-impact home-based business"): a business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Category 2 home occupation: a business or commercial activity administered or conducted as an accessory use, which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
B.
Category 1 home occupation (also known as "no-impact home-based business") shall be permitted by right in the R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-3 and SA-1 Zoning Districts and by special exception in the I-1 and I-2 Zoning Districts, subject to the following requirements:
(1)
The home occupation shall be conducted within an approved residential dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district in which the use is located.
(2)
The home occupation shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area of the residential dwelling unit.
(3)
The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses.
(4)
The home occupation shall employ no employees other than family members residing in the dwelling.
(5)
There shall be no visual display or sale of retail goods.
(6)
There shall be no stockpiling, storage or inventory of products of a substantial nature.
(7)
There should be no outside appearance of a business use, including but not limited to parking, signs or lights.
(8)
The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(9)
The home occupation may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(10)
No more than one home occupation shall be permitted per residential unit.
C.
Category 2 home occupations shall be permitted by right in the R-1, R-2, R-3, C-2, C-3 and SA-1 Zoning Districts and by special exception in the I-1 and I-2 Zoning Districts, subject to the following requirements:
(1)
The home occupation shall be conducted within an approved single-family detached dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district in which the use is located.
(2)
The home occupation shall be conducted only within the dwelling or an approved residential structure which may not occupy more than 25% of the gross floor area of the single-family detached residential unit.
(3)
The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses. The exterior appearance shall be maintained as a single-family detached residential use.
(4)
The home occupation shall be limited to the family members residing within the dwelling plus two additional persons to provide support services and assistance.
(5)
There shall be no visual display or sale of retail goods.
(6)
There shall be no stockpiling, storage or inventory of products of a substantial nature.
(7)
The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(8)
No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.
(9)
The home occupation may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(10)
No more than one home occupation shall be permitted per residential unit.
(11)
An off-street parking area shall be provided to meet the following requirements: two parking spaces shall be provided for the residential use; one parking space shall be provided for each employee not residing within the dwelling; and no more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces, and shall be designed to comply with the appropriate provisions of Article X of this chapter.
(12)
A sign displaying the name and address of the home occupation may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.
§ 355-93 Height exceptions.
A.
Unless otherwise specified within this chapter, the building height limitations contained within this chapter shall not apply to chimneys, spires, belfries, cupolas, farm buildings, silos, greenhouse ventilators, antennas (not in combination with support towers), water tanks, solar energy collectors, windmills, and other similar appurtenances which are usually required to be placed above the roof level, provided that they are not intended for human occupancy.
§ 355-94 Front yard and lot width exceptions.
A.
When an unimproved lot is situated between two improved lots with front-yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter and the improvements are located within 100 feet of the unimproved lot. An unimproved lot shall be the same as a vacant lot, and an improved lot shall be one on which a principal building is erected.
B.
Unless otherwise specified by this chapter, all residential and nonresidential lots shall comply with the appropriate minimum lot width requirement for that use in the zoning district in which it is located, as measured at the street line, legal right-of-way line, ultimate right-of-way line (where it exists) and the building setback line. The following lot width exceptions shall be permitted:
(1)
Where single-family residential lots are created along the bulb of a cul-de-sac street, the minimum lot width may be reduced by 50% of the required lot width, provided that the minimum lot width requirement is established at the building setback line, as measured from the street right-of-way line to a point equivalent to the front-yard setback requirement, which is specified by the appropriate zoning district in which the single-family detached dwelling is located. In no case, shall there be more than six single-family lots located along the bulb of a cul-de-sac street.
(2)
Where single-family residential lots are created along a street curve with a horizontal radius exceeding 150 feet, as measured along the street center line, the minimum lot width may be reduced by 50% of the required lot width, provided that the minimum lot width requirement is established at the building setback line, as measured from the street right-of-way line to a point equivalent to the front-yard setback requirement which is specified by the appropriate zoning district in which the single-family detached dwelling is located. Unless otherwise permitted by Muhlenberg Township, the side lot lines shall be established at ninety-degree angles to the street line tangents or radial to the street line curves.
C.
The front yard and lot width exceptions established under this section of the chapter shall be subject to the interpretation of the Muhlenberg Township Zoning Officer.
§ 355-95 Flag lots or key hole lots.
A.
Flag lots or key hole lots are permitted as single-family detached lots within the R-1, R-2 and R-3 Zoning Districts, subject to the following provisions:
(1)
Flag lots shall only be permitted within residential developments containing 10 or fewer lots, which are designed to accommodate single-family detached dwelling units.
(2)
No more that two flag lots shall be permitted as a result of the subdivision and/or cumulative phases of the development. In all cases, the applicant must demonstrate that the following site conditions exist:
(a)
The tract of land cannot be subdivided in a manner to comply with the minimum lot width and area requirements for the zoning district in which the flag lot is located.
(b)
The tract of land represents the total contiguous land area owned by the applicant.
(c)
The tract of land cannot be further subdivided in the future by normal or typical design.
(d)
The tract of land cannot be properly subdivided due to the presence of certain physical or environmental development constraints associated with the site.
(e)
The configuration of the proposed lots will not limit the potential for development on adjacent tracts of land in the future.
B.
If the applicant demonstrates that the site conditions are amenable to the development of a flag lot, the subdivision shall be designed considering the following requirements:
(1)
The access strip or stem of the flag lot shall be designed in accordance with the following requirements:
(a)
The access strip or stem of the flag lot shall be fee simple and extended from an existing public street to the rear property line of the flag lot.
(b)
The width of the access strip or stem shall be a minimum of 50 feet. Additional width may be required by Muhlenberg Township in order to overcome problems associated with slope, drainage and/or sedimentation.
(c)
If required by Muhlenberg Township, a ten-foot-wide buffer strip shall be provided along both sides of the access strip or stem. The buffer strip shall be sufficiently landscaped in accordance with the provisions specified under § 355-102 of this chapter.
(d)
The fifty-foot-wide access strip or stem shall be utilized as a future right-of-way to permit the construction of a public or private street. If additional lots are created and/or if additional lots utilized the access strip or stem for ingress and egress purposes, the fifty-foot-wide access strip shall be improved to comply with the design standards and specifications for a public street.
(2)
The net lot area for each flag lot shall meet or exceed the minimum lot area for the zoning district in which the flag lot is located. The area of the access strip or stem shall not be included as part of the net lot area for the flag lot.
(3)
The building setback line for the flag lot shall meet the minimum required setback dimensions for the zoning district in which the flag lot is located. The setback lines shall be established at the flag portion of the lot. The front-yard depth or setback shall be measured from the access strip or stem (extended through the lot) and from the rear property line. All other setback requirements shall comply with the rear-yard setback provisions.
(4)
The driveway serving the flag lot shall comply with all pertinent standards and specifications for driveways, as specified by the Muhlenberg Township Code and by the Pennsylvania Department of Transportation. Unless otherwise permitted by Muhlenberg Township, common driveways shall be prohibited as part of a flag lot design.
C.
Unless the site conditions change as a result of improved roads and/or the reestablishment of lot frontages, flag lots may not be further subdivided or developed for any other purpose.
D.
If the tract of land contains any residue or undeveloped land area, the applicant shall submit a sketch plan depicting how the remaining area will be developed or perpetually preserved as open space.
§ 355-96 Visibility at street intersections.
A.
Clear sight triangles shall be provided at all street intersections. Within such triangles nothing, except permitted street signs, traffic lights or signs, utility poles and mailboxes, which impedes vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets, shall be erected, placed, planted or allowed to grow. Such triangles shall be established as follows:
(1)
For intersections involving a minor street, the dimension of the clear sight triangle shall be established for a distance of 75 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
(2)
For intersections involving a collector street, the dimension of the clear sight triangle shall be established for a distance of 100 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
(3)
For intersections involving an arterial street, the dimension of the clear sight triangle shall be established for a distance of 150 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
B.
The functional classification of all existing streets within Muhlenberg Township is identified within the Muhlenberg Township Comprehensive Plan, as adopted in October of 2003.
C.
No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way.
§ 355-97 Corner lot restrictions and requirements.
A.
For all corner lots, as defined under Article II of this chapter, the minimum lot width and front-yard setback requirements of the zoning district in which the corner lot is located shall be applied to each street on which the corner lot has frontage.
B.
In cases in which a preexisting lot of record is changed or converted into a corner lot, as the result of an adjacent subdivision or land development, the front yard of the preexisting lot shall only be established along the public street to which it originally had frontage and access. All other setback requirements shall conform with the appropriate side- and rear-yard setback requirements for the zoning district in which the preexisting lot is located.
§ 355-98 Fences, walls and hedges.
A.
Unless otherwise specified by this chapter, fences, walls and/or hedges may be permitted within and along the periphery of any required yard, provided:
(1)
No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way.
(2)
No fence or wall, except a security fence or decorative retaining wall, shall exceed six feet in height. All proposed fences and walls shall be designed and constructed in accordance with the specifications and proceedings of the Board of Commissioners, Planning Commission or the Zoning Officer.
(3)
Fences constructed out of barbed wire shall only be permitted for agricultural purposes. The tops of security fences exceeding six feet in height may also utilize barbed wire.
B.
In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.
§ 355-99 Projections into yards.
A.
The following projections shall be permitted into required yards and shall not be considered in the determination of the lot coverage requirements:
(1)
A lawful building erected prior to the effective date of this chapter which encroaches into the required side yard established for that district may be further extended into the rear yard, provided that the building extension is contiguous to the existing building and provided that the building extension maintains at a minimum the side-yard and rear-yard setback established for that zoning district.
(2)
An unenclosed porch, deck, terrace, patio or similar structure abutting the front of a building, not exceeding 20 feet in height, may be extended by not more than eight feet into the front yard with unenclosed sides except for the required support columns, which support a roof limited to the dimensions of the porch plus an eighteen-inch projection on any side for cornices, eaves or gutters.
(3)
An unenclosed porch, deck, terrace, patio or similar structure abutting the side or rear of a building, not exceeding 20 feet in height, may be extended by not more than five feet into the side yard or rear yard with unenclosed sides except for the required support columns, which support a roof limited to the dimensions of the porch plus an eighteen-inch projection on any side for cornices, eaves or gutters. In such cases, the porch shall be located at least five feet from the property line.
(4)
A porch, deck, terrace, patio or similar structure that is completely enclosed by a roof and sides must comply with the designated front, side and rear setback requirements as well as the building and lot coverage requirements for the zoning district in which the enclosed structure is located.
(5)
Garages, porches, decks, terraces, patios and similar buildings or structures which are located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project onto another property and they are located at least five feet from the rear yard.
(6)
A carport may be erected as an extension from the principal use over an existing driveway, provided that it is located in a manner so its location or projection is not within three feet of the side property line and it complies with all other setback requirements for that zoning district.
(7)
A buttress, chimney, cornice, pier or pilaster of a building may project not more than two feet into a required yard setback.
(8)
Open balconies, steps, fire escapes, bay windows, eaves, window sills and other similar architectural features or structures may project into the required yard, provided that such features shall project no more than five feet into any required yard. In all such cases, the projection shall not be located closer than five feet to a property line.
B.
In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.
§ 355-100 Development along existing public roads.
A.
Where determined appropriate by Muhlenberg Township and/or the Pennsylvania Department of Transportation, accessibility to a public street may be restricted, limited or required by one or more of the following methods:
(1)
Provisions of marginal access street or internal street system to provide proper frontage for the proposed lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Muhlenberg Township.
(2)
Provisions of marginal access street or internal street system to provide rear access for the proposed reverse frontage lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Muhlenberg Township.
(3)
The restriction of ingress and egress involving specific turning movements onto or off of a collector street or arterial street.
B.
Unless otherwise permitted by Muhlenberg Township, private streets shall be prohibited unless they are designed, located and constructed in accordance with the provisions of a minor street, as established by Muhlenberg Township.
C.
Where a subdivision or land development application abuts or contains an existing street of inadequate right-of-way width or cartway width, the applicant shall dedicate additional right-of-way and improve the cartway to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.
D.
Where a subdivision or land development application abuts an existing street of inadequate horizontal and/or vertical alignment, the applicant shall dedicate additional right-of-way and improve the street segment to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.
§ 355-101 Common open space.
A.
The overall intent of these provisions is to supplement and not replace the provisions identified in those zoning districts where the designation of open space is explicitly applicable and, further, to identify related use regulations and performance standards for land to be held for recreational use and/or for conservation, preservation or enhancement of natural and cultural resources. These provisions are designed to:
(1)
Provide an effective means for identifying, organizing and maintaining open space.
(2)
Provide for necessary active and passive recreation areas to complement existing open space and recreational uses.
(3)
Preserve the natural and environmental resources while maintaining ecological stability by encouraging the preservation of floodplains; limiting the development of steep slopes; protecting the quality of existing watercourses, ponds, lakes and other water bodies, including riparian buffers; encouraging the preservation of groundwater resources through the provision of open space areas for groundwater recharge; and avoiding the disruption of woodland and forest areas.
(4)
Encourage the preservation of existing and potential agricultural land through the identification and use of open space lands which are suited for agricultural production, particularly prime agricultural land.
(5)
Preserve historic and cultural resources by promoting the preservation of significant historic and cultural sites and structures as open space; protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space; and by implementing the Muhlenberg Township Comprehensive Plan.
B.
All land and water areas designated as common open space within Muhlenberg Township shall comply with the following provisions:
(3)
Where residential or nonresidential developments do not specifically require common open space, as defined under Articles VII and VIII of this chapter, the residential or nonresidential development shall be subject to the provisions established under this section of the chapter, as well as those other applicable provisions established by Muhlenberg Township.
(4)
The requirements for common open space, as specified under this chapter of the Code, do not relieve any person, applicant or developer from the mandatory requirements for dedication of open space for recreation purposes or recreation impact fees in lieu of land dedication or any combination thereof, as permitted under the provisions of the Pennsylvania Municipalities Planning Code and as adopted by Muhlenberg Township.
(5)
All areas designated as common open space shall be subject to the review of the Muhlenberg Township Planning Commission and Muhlenberg Township Parks and Recreation Board.
C.
Unless otherwise specified by this chapter or as required by the Board of Commissioners, the following uses shall be permitted within areas designated as common open space:
(2)
Conservation uses or areas to preserve woodland and forest areas, lakes, ponds, streams, floodplains, wetlands, and other related landscape features.
(5)
Culturally and/or historically significant uses, as determined appropriate by the Board of Commissioners.
(6)
All other principal and accessory uses which are considered appropriate for the residential development, as specified under the appropriate sections of Article VII of this chapter.
(7)
All other principal and accessory uses which are considered appropriate for the nonresidential development, as specified under the appropriate sections of Article VIII of this chapter.
(8)
Utility services and stormwater management facilities which are necessary to accommodate the residential or nonresidential development.
D.
Unless otherwise specified by this chapter or as required by the Board of Commissioners, the land and water areas designated as common open space shall comply with the following standards and specifications:
(1)
The minimum area required or the percentage of the gross area to be set aside as common open space shall meet or exceed the requirement established by this chapter.
(2)
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas exceeding 20% in slope.
(3)
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under the Muhlenberg Township Code.
(4)
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided that a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other areas designated as common open space shall be considered as part of the application.
(5)
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6)
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the development, containing no less than 25% of the required common open space.
E.
Unless otherwise specified by this chapter or as required by the Board of Commissioners, the following provisions shall apply to the ownership and maintenance of the areas designated as common open space:
(1)
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as declarations of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces, and shall be recorded with the Berks County Recorder of Deeds.
(2)
The applicant or developer shall make arrangements, provisions and/or agreements to ensure that the common open space shall continue to be adequately managed and maintained. The applicant or developer shall have the following options for ownership, management and maintenance of the common open space:
(a)
Dedicate the land encompassing the common open space to a homeowners' association, which is comprised of all the residents of the development;
(b)
Dedicate the land encompassing the common open space to Muhlenberg Township, which shall have the option to accept or refuse the land offered for dedication; or
(c)
Dedicate the land encompassing the common open space to a conservation organization, as determined appropriate by the Board of Commissioners.
(3)
The selected options for the ownership, management and maintenance of the land and water areas which are designated as common open space shall be subject to review by the Muhlenberg Township Solicitor and subject to the approval of the Board of Commissioners.
F.
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified within the Muhlenberg Township Code, with which the applicant shall comply.
§ 355-102 Landscaping.
A.
Where zoning district or development regulations require landscaping, street trees, replacement trees, buffer yards, screening and/or planting strips, the applicant shall prepare and submit a landscaping plan in accordance with the provisions specified by this Zoning Chapter and Chapter 310, Subdivision and Land Development.
B.
The design criteria and the plant materials utilized for a landscaping plan shall comply with the provisions specified within Chapter 310, Subdivision and Land Development.
C.
As part of the application phase for a subdivision plan or land development plan, Muhlenberg Township may permit alternative trees, hedges and/or shrubs from those specified by Chapter 310, Subdivision and Land Development, of the Code, provided that the applicant or developer provides sufficient evidence from a landscape architect or other qualified professional to demonstrate that the alternative tree, hedge and/or shrub will be more effective to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site.
D.
Chapters 310 and 355 of the Muhlenberg Township Code contain provisions for landscaping, trees, buffer yards, screening and/or planting strips. Should conflicts exist between any design or procedural requirements, Muhlenberg Township may consider the most prudent design for the site as part of the subdivision plan or land development plan. All such alternatives shall be considered as part of a waiver request in accordance with the provisions of Chapter 310, Subdivision and Land Development, of the Code.
E.
Any tree, plant, shrub, flower, vine or grass species which has been classified as invasive, noxious or destructive by any local, county, state or federal agency, including the Pennsylvania Department of Agriculture, shall be specifically prohibited for use in landscaping and ground cover.
§ 355-103 Temporary structures, temporary utility trailers and storage containers, job site construction office, sales office trailers and PODS®.
[Amended 11-21-2016 by Ord. No. 563]
A.
Use and/or placement of temporary structures, which shall include all temporary structures, including retail or commercial outdoor sales tents or sales corrals, shall conform to the following requirements:
(1)
A temporary zoning permit shall be required for all temporary structures and uses authorized under this section.
(2)
The time period for a temporary zoning permit, conditions for any renewal of time, and time for removal of said temporary structure or use shall be as specified in the following subsections.
(3)
Fees for permits to place or use temporary structures or uses shall be established by the Board of Commissioners and set forth in a fee schedule, as amended from time to time.
(4)
With respect to retail and commercial sales tents or sales corrals, no owner shall locate more than one such temporary structure on any one property.
(5)
With respect to retail and commercial sales tents or sales corrals, if the permittee is not the owner or lessee of the property on which they are to be located, written consent of the owner of the property must be presented at the time of application for the permit.
B.
Use and/or placement of temporary job site office trailers, storage trailers for construction materials and sales office trailers shall conform to the following requirements:
(1)
Not to be located in a required front yard adjacent to a public or private street or within six feet of a side or rear yard or within 10 feet from any alley.
(2)
Height of any such job-site-related trailers not to exceed 12 feet.
(3)
Permits for temporary job site office trailers, storage trailers for construction materials and sales office trailers shall be valid for the duration of construction and shall expire at the completion of construction activities or prior to the issuance of a certificate of occupancy for the structure/use under construction.
C.
Use and/or placement of temporary utility trailers and storage containers, including so-called sea containers, shall conform to the following requirements:
(1)
Not to be located in any residential zoning district.
(2)
Not to be located in a required front yard adjacent to a public or private street or within any required side or rear yard.
(3)
The use of PODS® (portable on-demand storage) containers is permitted for nonresidential uses. A limit of one pod per dwelling is permitted.
(4)
Height of said utility trailers or storage containers not to exceed 20 feet.
(5)
Not to be leased or used by any other entity other than the property owner or lessee of the site where the trailer or container is to be located. No subleasing shall be permitted.
D.
Use and/or placement of residential PODS® (portable on-demand storage) containers shall conform to the following requirements:
E.
A temporary permit shall be obtained from the Zoning Officer prior to placement or use of a temporary structure, temporary placement of temporary utility trailers, storage containers, job site construction offices, sales office trailers and PODS®. These facilities shall be inspected by the appropriate Township officials prior to their use and shall conform to all applicable Code regulations.
F.
Placement of a temporary structure, temporary placement of temporary utility trailers, storage containers, job site construction offices, sales office trailers and PODS® shall not interfere with traffic visibility or traffic flow.
G.
Except as otherwise provided above, permits for placement or use of a temporary structure, temporary placement of temporary utility trailers, storage containers, job site construction offices, sales office trailers and PODS® shall be valid for an initial period not to exceed 90 days and may be extended for one additional period of 60 days for good cause shown. The storage trailer temporary job site office, sales trailer, temporary utility storage trailer or storage container shall be removed completely within 30 days of the expiration of the permit therefor at the sole cost of the permittee.
H.
Temporary structures, temporary utility trailers, storage containers, job site office, sales trailers and PODS® shall be maintained in a safe and sanitary condition.
I.
Temporary structures, temporary utility trailers, storage containers, job site office, sales trailers and PODS® may not occupy any designated parking spaces that would cause the then-current parking standards for the operating use of the property to be violated, unless the use on the property is not to be operational during the construction activities.
J.
If temporary structures, temporary utility trailers, storage containers, job site office, sales trailers and PODS® are to be placed in a macadamized parking area, a schematic plan shall be presented illustrating traffic movement, number of available parking spaces indicating minimum required parking for existing use, and such macadamized area shall be remediated to its prior condition within 30 days of removal of the temporary construction-related structures.
K.
There shall be a maximum number of temporary structures, temporary utility trailers, storage containers, job site offices, sales trailers for any single applicant, address and/or leased property at any given time, which shall be as follows:
Number of Available Parking Spaces | Number of Temporary Containers Permitted | Other Requirement |
|---|---|---|
5 to 15 | 1 | Plan showing parking spaces |
16 to 40 | Up to 3 | Plan showing parking spaces and traffic movements |
41 to 100 | Up to 5 | Plan showing parking spaces and traffic movements |
More than 100 | Up to 15 | Plan showing parking spaces and traffic movements |
M.
Fees for permits to place or use temporary utility trailers, storage containers, job site office, PODS® and sales trailers shall be established by the Board of Commissioners and set forth in a fee schedule, as amended.
§ 355-104 Outdoor storage and sales.
A.
Outdoor storage of any type shall not be permitted unless such storage conforms to the normal functions and procedures conducted on the premises. Outdoor storage of any type shall be prohibited if such storage is considered and/or construed as unsightly, malodorous, hazardous to the environment and potentially detrimental to the health and safety of the adjacent property owners.
B.
If required by Muhlenberg Township, the materials to be stored outdoors shall be enclosed by a fence and planting screen to conceal the storage facilities from the view of adjacent properties. The fence and planting screen shall be subject to the review and approval of Muhlenberg Township.
C.
The location of the permitted materials to be stored outside as well as any required fence enclosure shall comply with the minimum setback provisions of the zoning district in which it is located.
D.
No materials or waste shall be deposited on site in such form or manner by which it can be transported off the site by natural causes or forces.
E.
No exterior storage of a substance which has the potential to contaminate groundwater or surface water shall be permitted unless the owner provides and installs safeguards which are satisfactory to the Township and the Pennsylvania Department of Environmental Protection. All such protective safeguards shall be subject to the review and approval of Muhlenberg Township.
F.
Unless otherwise specifically approved or permitted for the nonresidential use, commercial outdoor sales of merchandise shall be prohibited. Commercial outdoor sales may be permitted for those nonresidential uses whose merchandise is customarily displayed outdoors, provided the use has been designated on an approved land development plan or occupancy permit.
G.
Seasonal or sidewalk sales may be permitted on the sidewalk or outside of the front or side of the principal building or establishment, where goods are offered for sale to the public, typically at discounted price, provided that all such sales shall not exceed 60 cumulative days during the course of a calendar year. The location of all outdoor sales shall comply with the minimum setback provisions of the zoning district in which it is located.
§ 355-105 Prohibited uses.
A.
No building or structure may be erected, altered or used, and no lot or premises may be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, effluent discharge, illumination, or similar substances or conditions.
B.
Unless otherwise permitted by the Muhlenberg Township Code, no building, structure, land, watercourse or parts thereof within Muhlenberg Township shall be used or occupied, erected, constructed, assembled, moved, enlarged, reconstructed or structurally altered unless in conformity with the provisions of this chapter.
C.
Clothing donation containers shall not be permitted on a property where it would be a second commercial use and not accessory to the permitted principal use.
[Added 11-21-2016 by Ord. No. 563]
D.
The use of sea containers shall be prohibited for use as permanent on-site storage on residential or commercial properties in the Township.
[Added 11-21-2016 by Ord. No. 563]
§ 355-106 Hazardous conditions and areas.
A.
Within Muhlenberg Township, certain land and/or water areas may be considered hazardous in terms of their condition or potential use. These hazardous areas may include mine holes; quarries; sinkholes; waterways; caves; areas of naturally occurring physical features; areas of naturally occurring minerals or chemicals; areas containing hazardous, contaminated or toxic waste; solid waste disposal areas; and/or other areas considered hazardous by the Muhlenberg Township Zoning Officer or other professional consultants appointed by Muhlenberg Township. Based upon their presence, these hazardous areas could endanger the public health, safety or welfare by presenting potential hazards to life, health or property.
B.
Where hazardous areas have been identified by the appropriate local, county, state or federal agency, the following provisions shall apply:
(1)
No occupied building, well or sewage disposal system shall be located within 500 feet of an identified hazardous area, except as noted within this section of the chapter.
(2)
An occupied building, well or sewage disposal system may be located within 500 feet of an identified hazardous area, provided that a sufficient number of excavations, borings, soil probes and/or groundwater tests have been conducted within the area to determine that the soil, geology and/or groundwater conditions are not considered hazardous to the occupant(s). The accuracy of all test results and/or conclusions shall be certified by a qualified professional, as determined to have the appropriate qualifications and credentials by Muhlenberg Township. All wells located within 500 feet of the hazardous area shall be retested every two years by a certified laboratory to determine if the water is potable. All costs incurred for the sampling and laboratory analysis shall be incurred by the property owner.
C.
The hazardous areas shall continue to be considered as hazardous areas until the Board of Commissioners determines that the hazards have been sufficiently mitigated or adequate safeguards against such hazards have been provided, as recommended, approved or permitted by the appropriate local, county, state or federal agencies.
§ 355-107 Exterior lighting.
A.
This section sets forth the general provisions for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from glare from nonvehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation.
B.
Unless otherwise specified by the Muhlenberg Township Code, exterior lighting facilities shall be required for access drives, off-street parking areas and off-street loading areas involving nonresidential uses, multifamily residential uses, and other permitted uses that may require exterior lighting as determined by Muhlenberg Township. Pursuant to the approval of any plans or permits, Muhlenberg Township shall have the authority to require lighting to be incorporated for other uses or locations where in its reasonable discretion such lighting is warranted.
C.
Where required by Muhlenberg Township to demonstrate compliance with the provisions of the chapter, a lighting plan shall be prepared and submitted in accordance with the following criteria:
(1)
A lighting plan shall be submitted for review and approval for all applications and uses which require exterior lighting.
(2)
The lighting plan shall include a schematic layout of all proposed exterior fixture locations, footcandle data, and a plat demonstrating intensities and uniformities within the limitations established within the chapter, as well as the manufacturer's description of the equipment (catalog cuts), glare control devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.
(3)
The applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use or development site and on adjacent properties.
§ 355-108 Swimming pools.
A.
Swimming pool shall be defined as a fixed in-ground or aboveground body of water, as further defined by this chapter of the Muhlenberg Township Code, as well as all other building codes and/or property maintenance codes adopted by Muhlenberg Township. The following standards and specifications shall apply to swimming pools:
(1)
The swimming pool shall not occupy more than 50% of the side-yard or rear-yard area in which it is located.
(2)
The swimming pool, filters, pumps and other mechanical or structural equipment shall only be permitted within the side yard or rear yard of a lot and shall comply with the following setback requirements:
(a)
Swimming pools shall be located a minimum of 20 feet from the side lot line and rear lot line for properties located within the R-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts.
(b)
Swimming pools shall be located a minimum of five feet from the side lot line and rear lot line for properties located within the R-2 and R-3 Zoning Districts.
(c)
Swimming pools shall be located a minimum of three feet from the side lot line and rear lot line for properties located within the R-4, R-5 and C-1 Zoning Districts.
(3)
Any floodlighting or other illumination used in conjunction with the swimming pool shall be shielded and directed away from adjacent property owners.
(4)
The swimming pool shall be enclosed by a secured fence or wall not less than four feet in height that shall be equipped with a self-latching gate, which shall comply with the specifications of the appropriate building codes and/or property maintenance codes adopted by Muhlenberg Township.
B.
All swimming pools shall comply with the appropriate provisions for permits, construction, plumbing, sanitation, inspection, operation and maintenance which are defined and outlined within the Muhlenberg Township Code.
§ 355-109 Renewable energy systems.
A.
Renewable energy systems, as further defined under Article II of this chapter, shall be permitted within all zoning districts by right as accessory structures, subject to the following provisions:
(1)
All developments and/or structures shall be oriented to the fullest extent possible to maximize the use of passive and/or active solar applications, as would be appropriate for the site.
(2)
Renewable energy resource collectors and equipment used for the mounting or operation of such collectors shall comply with the maximum height requirements and minimum setback requirements for the zoning district in which located.
(3)
All exterior components for the operation of renewable energy resource systems shall be designed to withstand the forces of nature in accordance with industry standards.
(4)
Accessory apparatus or structures necessary for the operation of renewable energy resource systems, such as overhangs, moveable insulating walls and roofs, and reflectors, may project up to two feet into the required yard setbacks, provided that they are not located within 10 feet of any property line.
(5)
No one shall block, interfere with or disrupt the functional operation of an existing renewable energy resource, including erecting a building or other structure; planting a tree, shrub or other flora; disrupting the quantity or quality or surface water or groundwater; and blocking solar or wind resources.
B.
To obtain renewable energy resource protection, the renewable energy system owner shall file a statement with the Zoning Officer that the renewable energy resource system has been installed. At such time the owner shall also obtain a permit that he has located his renewable energy resource system on his property to obtain maximum protection from future lawful buildings or structures located on adjoining properties. In addition, the owner shall document the land and airspace which must remain open to assure adequate solar access to his collector.
§ 355-110 Filling, excavating and grading.
A.
All construction and site improvement activities which require the moving of earth or the filling or excavating of an area shall submit a plan to Muhlenberg Township showing site grading and erosion control measures.
B.
The existing grade of an area shall not be increased so that unstable slopes are created.
C.
The surface area of any yard adjacent to a building or structure shall be graded so that the surface water will be drained away from such structure.
D.
Topsoil shall not be stripped from any site within Muhlenberg Township unless it is directly affiliated with the subdivision and/or development of land. Unless permitted by the Board of Commissioners, topsoil shall not be removed from any site within Muhlenberg Township.
E.
The on-site burial of trees, stumps or construction materials is prohibited. Trees and stumps may be chipped or reduced in size to be removed from the site.
F.
All filling, grading and excavation activities shall be approved and permitted by the Pennsylvania Department of Environmental Protection and the Berks County Conservation District.
§ 355-111 Blasting and detonation requirements.
A.
All general blasting and/or detonation operations shall conform with the regulations enforced by the applicable agencies of the Commonwealth of Pennsylvania and the federal government.
B.
Blasting and/or detonation operations shall only be permitted between the hours of 9:00 a.m. and 4:00 p.m. and shall not be permitted on Sundays and holidays.
C.
Written notice of all blasting and/or detonation operations shall be given at least 24 hours prior to the commencement of blasting and/or detonation to the Muhlenberg Township Zoning Officer and to the occupants of all properties within a radius of 1,000 feet of the location of the blasting and/or detonation. In addition, notice shall be given to the regional fire department, police department and all sensitive business ventures.
D.
All blasting and/or detonation operations shall be conducted by a qualified licensed contractor. A copy of the license and certificate of insurance shall be provided to Muhlenberg Township at least 24 hours prior to the commencement of blasting.
E.
The storage of explosives shall be in accordance with all pertinent federal, state and local laws.