Palmer Township City Zoning Code
ARTICLE IV
Use, Area/Bulk and District-Specific Regulations
§ 190-401 Additional regulations, quick views, and tables.
A.
B.
Zoning District Quick Views are appended to the zoning ordinance in the appendix section.[1]
[1]
Editor's Note: Said views are included as attachments to this chapter.
D.
Zoning District Quick Views are intended to provide a simple, consolidated recitation of zoning district regulations, but do not contain all applicable regulations to all uses within a particular zoning district. Where a conflict exists between the zoning district Quick Views or where the zoning district Quick Views do not contain an applicable regulation, the substantive zoning ordinance provision shall control.
E.
Principal and accessory land use table.
1.
For a table layout of all principal uses permitted within each zoning district, see the attached Table 1, Principal Land Use Table.[2] In the case that a discrepancy exists between information within an attached land use table and the substantive provisions of the zoning ordinance included within this chapter, the information within the zoning ordinance substantive provisions shall supersede the land use table.
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
2.
For a table layout of all accessory uses permitted within each zoning district, see the attached Table 2, Accessory Land Use Table.[3] In the case that a discrepancy exists between information within an attached land use table and the substantive provisions of the zoning ordinance included within this chapter, the information within the zoning ordinance substantive provisions shall supersede the land use table.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
§ 190-402 Specific regulations for the RA Rural Agriculture District.
A.
Permitted by right uses. The following uses are permitted by right in the RA Rural Agricultural District, provided that all other requirements of this ordinance are met:
1.
Campground, limited to tent sites.
2.
Cemetery.
3.
Cemetery, animal.
4.
Commercial outdoor recreation.
5.
Commercial stable or riding academy.
6.
Community garden.
7.
Crop farming.
8.
Essential services.
9.
Forestry.
10.
Golf course.
11.
Governmental and emergency services facility.
12.
Group home.
13.
Kennel.
14.
Membership club, lodge or fraternal organization.
15.
Nature reserve.
16.
Place of assembly or worship.
17.
Plant nursery.
18.
Public park/recreation.
19.
Raising of livestock.
20.
Single-family detached dwelling.
21.
Veterinarian office or animal hospital.
B.
Special exception uses. The following is a list of special exception uses within the RA Rural Agricultural District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of special exception uses within the RA Rural Agricultural District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
1.
Adult-oriented establishment.
2.
Airport.
3.
Geothermal energy system.
4.
Heliport.
5.
Junkyard.
6.
Landfill, waste energy plant, or transfer station.
7.
Mineral extraction/open pit mining.
8.
Planned development.
9.
Recycling collection center.
10.
Solar energy system, principal/community-scale.
11.
Wind energy system, principal/community-scale.
D.
Permitted accessory uses. Accessory uses in the RA Rural Agricultural District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Brew pub or tap/tasting room.
3.
Bus shelter.
4.
Community-supported agriculture delivery station.
5.
Crop storage.
6.
Farm cafe.
7.
Farm camp.
8.
Farm pond.
9.
Farm stand.
10.
Farmers market.
11.
Food truck.
12.
Home-based business, no impact.
13.
Home occupation, low-impact.
14.
Keeping of pets.
15.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
16.
"Pick-your-own" operation.
17.
Residential accessory building, structure or use.
18.
Satellite dish antenna or satellite antenna.
19.
Short-term rental.
20.
Solar energy system, small.
21.
Temporary structure or use.
22.
Urban keeping of livestock.
23.
Wind energy system, small.
E.
Area and bulk regulations. Area and bulk regulations in the RA Rural Agricultural District shall be as follows:
1.
Minimum lot size: three acres, unless a larger lot area is required by another section of this ordinance.
2.
Minimum lot width: a minimum of 125 feet at the building setback line.
3.
Minimum lot depth: a minimum of 150 feet.
4.
Maximum lot coverage: 20% maximum for all principal and accessory buildings, except that buildings devoted to agricultural use may have a 40% maximum building coverage. The total impervious coverage shall not be greater than 40% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut a public street, the front yard setback shall be no less than 35 feet from the center line of any private street serving more than one dwelling unit.
§ 190-403 Specific regulations for the LDR Low-Density Residential District.
A.
Permitted by right uses. The following uses are permitted by right in the LDR Low-Density Residential District, provided that all other requirements of this ordinance are met:
B.
Special exception uses. The following is a list of special exception uses within the LDR Low-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the LDR Low-Density Residential District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Accessory dwelling unit.
3.
Bus shelter.
4.
Farm stand.
5.
Home-based business, no impact.
6.
Home occupation, low impact.
7.
Keeping of pets.
8.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
9.
Residential accessory building, structure or use.
10.
Satellite dish antenna or satellite antenna.
11.
Solar energy system, small.
12.
Temporary structure or use.
13.
Wind energy system, small.
14.
Urban keeping of livestock.
E.
Area and bulk regulations. Area and bulk regulations in the LDR Low-Density Residential District shall be as follows:
1.
Minimum lot size: 20,000 square feet, except where a minimum lot size of one acre shall be required if the lot would not have approved public sewage service.
2.
Minimum lot width: a minimum of 100 feet at the required minimum building setback line; a minimum of 40 feet at the edge of the existing right-of-way, except.
a.
A minimum of 200 feet at the edge of the existing right-of-way for lots having direct vehicular access onto any minor arterial street, for any lot created after the adoption of this ordinance (except if the driveway entrance is approved to abut the driveway of an abutting lot).
b.
A minimum of 130 feet at the edge of the existing right-of-way for lots having direct vehicular access onto a collector street, for any lot created after the adoption of this ordinance (except if the driveway entrance is approved to abut the driveway of an abutting lot).
3.
Minimum lot depth: a minimum of 120 feet.
4.
Maximum lot coverage: 20% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 35% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut a public street, the front yard setback shall be no less than 35 feet from the center line of any private street serving more than one dwelling unit.
9.
Number of principal buildings: There shall be no more than one principal building per lot.
§ 190-404 Specific regulations for the MDR Medium-Density Residential District.
A.
Permitted by right uses. The following uses are permitted by right in the MDR Medium-Density Residential District, provided that all other requirements of this ordinance are met:
B.
Special exception uses. The following is a list of special exception uses within the MDR Medium-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the MDR Medium-Density Residential District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Accessory dwelling unit.
3.
Bus shelter.
4.
Day-care home, family.
5.
Home occupation, low-impact.
6.
Home-based business, no impact.
7.
Keeping of pets.
8.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
9.
Residential accessory building, structure or use.
10.
Satellite dish antenna or satellite antenna.
11.
Solar energy system, small.
12.
Temporary structure or use.
13.
Wind energy system, small.
14.
Urban keeping of livestock.
E.
Special exception accessory uses. Accessory uses as allowed by special exception in the MDR Medium-Density Residential District shall be as follows:
1.
Wireless communications facility, nontower.
F.
Area and bulk regulations. Area and bulk regulations in the MDR Medium-Density Residential District shall be as follows:
1.
Minimum lot size: 15,000 square feet, except where a minimum lot size of one acre shall be required if the lot would not have approved public sewage service.
2.
Minimum lot width: a minimum of 75 feet at the required minimum building setback line; a minimum of 40 feet at the edge of the existing right-of-way, except.
3.
Minimum lot depth: a minimum of 120 feet.
4.
Maximum lot coverage: 25% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 50% of a lot.
5.
Front yard setback.
a.
Fronting arterial street: 50 feet minimum.
b.
Fronting collector street: 40 feet minimum.
c.
Fronting local street: 30 feet minimum.
d.
In the case where a property's front yard does not abut a public street, the front yard setback shall be no less than 35 feet from the center line of any private street serving more than one dwelling unit.
9.
Number of principal buildings: There shall be no more than one principal building per lot.
§ 190-405 Specific regulations for the HDR High-Density Residential District.
A.
Permitted by right uses. The following uses are permitted by right in the HDR High-Density Residential District, provided that all other requirements of this ordinance are met:
1.
Community garden.
2.
Crop farming.
3.
Essential services.
4.
Forestry.
5.
Governmental and emergency services facility.
6.
Group home.
7.
Nature reserve.
8.
Place of assembly or worship.
9.
Public park/recreation.
10.
School, public or private.
11.
Single-family attached dwelling (townhouse).
12.
Single-family detached dwelling.
13.
Single-family semidetached dwelling (twin).
14.
Two-family dwelling (duplex).
B.
Special exception uses. The following is a list of special exception uses within the HDR High-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the HDR High-Density Residential District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the HDR High-Density Residential District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Accessory dwelling unit.
3.
Auditorium.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Day-care home, family.
7.
Day-care home, group.
8.
Home occupation, low-impact.
9.
Home-based business, no-impact.
10.
Keeping of pets.
11.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
12.
Residential accessory building, structure or use.
13.
Satellite dish antenna or satellite antenna.
14.
Solar energy system, small.
15.
Temporary structure or use.
16.
Wind energy system, small.
17.
Urban keeping of livestock.
E.
Special exception accessory uses. Accessory uses as allowed by special exception in the HDR High-Density Residential District shall be as follows:
1.
Wireless communications facility, nontower.
F.
Area and bulk regulations. Area and bulk regulations in the HDR High-Density Residential District shall be as follows:
1.
Minimum lot size:
a.
Single-family detached and mobile homes: a minimum of 12,000 square feet.
b.
Single-family detached and mobile homes (no public sewer): a minimum 43,560 square feet.
c.
Single-family semidetached dwelling; two-family detached dwelling; two-family semidetached dwelling: a minimum of 6,000 square feet.
d.
All other principal uses (unless larger lot requirements stated elsewhere): a minimum of 15,000 square feet.
2.
Minimum lot width: a minimum of 40 feet at the edge of the existing right-of-way, except:
a.
Single-family detached and mobile homes: a minimum of 60 feet.
b.
Single-family detached and mobile homes (no public sewer): a minimum of 100 square feet.
c.
Single-family semidetached dwelling; two-family detached dwelling; two-family semidetached dwelling: a minimum of 45 feet.
d.
All other principal uses (unless larger lot requirements stated elsewhere): a minimum of 60 feet.
e.
A minimum of 200 feet at the edge of the existing right-of-way for lots having direct vehicular access onto any minor arterial street.
f.
A minimum of 100 feet at the edge of the existing right-of-way for lots having direct vehicular access onto a collector street.
3.
Minimum lot depth: a minimum of 100 feet, except for single-family detached and mobile homes with no public sewer, which shall be a minimum of 200 feet.
4.
Maximum lot coverage: 30% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
5.
Minimum lot coverage: 30% minimum for landscaping.
6.
Front yard setback.
a.
Fronting arterial street: 45 feet minimum.
b.
Fronting collector street: 35 feet minimum.
c.
Fronting local street: 25 feet minimum.
d.
In the case where a property's front yard does not abut a public street, the front yard setback shall be no less than 25 feet from the center line of any private street serving more than one dwelling unit.
§ 190-406 Specific regulations for the NC Neighborhood Commercial District.
A.
Permitted by right uses. The following uses are permitted by right in the NC Neighborhood Commercial District, provided that all other requirements of this ordinance are met:
1.
Artisan, craft, exercise, or performing art studio.
2.
Bank or financial institution (no drive-through).
3.
Bar or tavern.
4.
Beverage production, microbrewery.
5.
Business service establishment.
6.
Community center or cultural center.
7.
Community garden.
8.
Crop farming.
9.
Day-care center, adult.
10.
Day-care center, child.
11.
Essential services.
12.
Forestry.
13.
Funeral home or mortuary.
14.
Governmental and emergency services facility.
15.
Group home.
16.
Membership club, lodge or fraternal organization.
17.
Medical or dental clinics and laboratories.
18.
Medical marijuana dispensary.
19.
Mixed-use building.
20.
Office, professional.
21.
Personal services establishment.
22.
Place of assembly or worship.
23.
Public park/recreation.
24.
Restaurant, sit-down.
25.
Retail establishment.
26.
School, public or private.
27.
Single-family attached dwelling (townhouse).
28.
Single-family detached dwelling.
29.
Single-family semidetached dwelling (twin).
30.
Tattoo parlor.
31.
Theater.
32.
Transitional dwelling.
B.
Special exception uses. The following is a list of special exception uses within the NC Neighborhood Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the NC Neighborhood Commercial District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Farmers market.
7.
Home occupation, low-impact.
8.
Home-based business, no-impact.
9.
Keeping of pets.
10.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
11.
Outdoor dining area.
12.
Residential accessory building, structure or use.
13.
Satellite dish antenna or satellite antenna.
14.
Short-term rental.
15.
Solar energy system, small.
16.
Temporary structure or use.
17.
Wind energy system, small.
E.
Area and bulk regulations. Area and bulk regulations in the NC Neighborhood Commercial District shall be as follows:
1.
Lot area: a minimum of 10,000 square feet.
2.
Lot width: a minimum of 75 feet per lot at the edge of the existing legal right-of-way.
3.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 85% of a lot.
4.
Front yard setback: a minimum of 25 feet.
5.
Side yard setback: a minimum of 10 feet.
6.
Rear yard setback: a minimum of 15 feet.
7.
Height: a maximum of 35 feet.
§ 190-407 Specific regulations for the GC General Commercial District.
A.
Permitted by right uses. The following uses are permitted by right in the GC General Commercial District, provided that all other requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Auto repair garage.
3.
Auto, boat and/or mobile/manufactured home sales.
4.
Bank or financial institution.
5.
Bar or tavern.
6.
Beverage production, micro-brewery.
7.
Beverage production, limited distillery.
8.
Business services establishment.
9.
Car wash.
10.
Commercial indoor recreation use.
11.
Community center or cultural center.
12.
Convenience store.
13.
Crop farming.
14.
Day-care center, adult.
15.
Day-care center, child.
16.
Essential services.
17.
Forestry.
18.
Funeral home or mortuary.
19.
Gasoline service station.
20.
Governmental and emergency services facility.
21.
Medical or dental clinics and laboratories.
22.
Medical marijuana dispensary.
23.
Membership club, lodge or fraternal organization.
24.
Mixed-use building.
25.
Nursing home.
26.
Office, professional.
27.
Parking lot or structure, off-street.
28.
Personal care home or center.
29.
Personal services establishment.
30.
Place of assembly or worship.
31.
Plant nursery.
32.
Public park/recreation.
33.
Restaurant, quick-service.
34.
Restaurant, sit-down.
35.
Retail establishment.
36.
School, commercial.
37.
Shopping center.
38.
Tattoo parlor.
39.
Theater.
40.
Veterinarian office or animal hospital.
B.
Special exception uses. The following is a list of special exception uses within the GC General Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the GC General Commercial District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Commercial/industrial outdoor storage or display.
6.
Community-supported agriculture delivery station.
7.
Day-care center as an accessory use.
8.
Farmers market.
9.
Food truck.
10.
Keeping of pets.
11.
Outdoor dining area.
12.
Satellite dish antenna or satellite antenna.
13.
Solar energy system, small.
14.
Temporary structure or use.
15.
Wind energy system, small.
F.
Area and bulk regulations. Area and bulk regulations in the GC General Commercial District shall be as follows:
1.
Lot area: a minimum of 10,000 square feet for any lot existing prior to this ordinance taking effect; a minimum of 30,000 square feet for any lot created after March 1, 1987.
2.
Lot width: a minimum of 120 feet per lot at the edge of the existing legal right-of-way, except for the following:
a.
Common access. If more than one lot shares one common access point and shares a common and integrated parking lot, the lots combined may have a minimum lot width of 120 feet at the existing legal right-of-way line.
b.
New lots. If a lot including only one principal use is created after March 1, 1987, that involves the creation of an additional and new access point onto a minor arterial street, the minimum lot width at the existing legal right-of-way line shall be 250 feet.
3.
Off-street parking. In addition to the off-street parking regulations found in Article VI, Off-Street Parking and Loading, shared access drives and shared parking lots with adjacent uses are strongly encouraged to create an efficient and safe interior circulation system. See § 190-601B, Conditional reduction in off-street parking areas, for conditional reduction of parking requirements. The number of access points onto minor arterial roads shall be minimized, as described in § 190-808B, Access points.
4.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 85% of a lot.
5.
Front yard setback: a minimum of 25 feet.
6.
Side yard setback: a minimum of 10 feet.
7.
Rear yard setback: a minimum of 15 feet.
8.
Height: a maximum of 35 feet.
§ 190-408 Specific regulations for the PO/B Planned Office/Business District.
A.
Permitted by right uses. The following uses are permitted by right in the PO/B Planned Office/Business District, provided that all other requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Bank or financial institution.
3.
Bar or tavern.
4.
Beverage production, microbrewery.
5.
Business services establishment.
6.
Commercial indoor recreation use.
7.
Community center or cultural center.
8.
Community garden.
9.
Convenience store.
10.
Convention, conference, banquet or training center.
11.
Crop farming.
12.
Day-care center, adult.
13.
Day-care center, child.
14.
Essential services.
15.
Forestry.
16.
Group care facility.
17.
Governmental and emergency services facility.
18.
Medical or dental clinics and laboratories.
19.
Mixed-use building.
20.
Nursing home.
21.
Office, professional.
22.
Personal care home or center.
23.
Personal services establishment.
24.
Public park/recreation.
25.
Research, development, engineering or testing laboratory.
26.
Restaurant, sit-down.
27.
Retail establishment.
B.
Special exception uses. The following is a list of special exception uses within the PO/B Planned Office/Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the PO/B Planned Office/Business District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Auditorium.
3.
Brew pub or tap/tasting room.
4.
Bus shelter.
5.
Community-supported agriculture delivery station.
6.
Day-care center as an accessory use.
7.
Farmers market.
8.
Food truck.
9.
Home occupation, low impact.
10.
Home-based business, no-impact.
11.
Keeping of pets.
12.
Noncommercial recreational facility for household use or for residents of a development (including tennis courts and swimming pools).
13.
Outdoor dining area.
14.
Residential accessory building, structure or use.
15.
Satellite dish antenna or satellite antenna.
16.
Solar energy system, small.
17.
Temporary structure or use.
18.
Wind energy system, small.
19.
Urban keeping of livestock.
F.
Area and bulk regulations. Area and bulk regulations in the PO/B Planned Office/Business District shall be as follows:
1.
Maximum height.
a.
Five stories or 65 feet maximum, whichever is more restrictive, for uses that are principally offices, except that:
i.
The height of any building shall not exceed 35 feet for any use within 100 feet of an existing right-of-way or right-of-way reserved for future dedication.
ii.
The height of any building shall not exceed 35 feet within 150 feet of the abutting exterior lot line of an existing residential use or the abutting boundary of an LDR, MDR or HDR District.
iii.
See Township Building and Fire Code requirements regarding fire safety.
b.
A maximum height of 45 feet or three stories, whichever is more restrictive, shall apply to all uses that are not principally offices.
2.
Tract area: a minimum of six acres.
3.
Lot area: a minimum of 30,000 square feet.
4.
Tract width: a minimum of 225 square feet.
5.
Lot width: a minimum of 100 feet, except for any use or uses on a lot having direct vehicular access onto a minor arterial street shall have a minimum lot width of 250 feet, except if such access is provided onto PA Route 248, in which case the minimum lot width shall be 350 feet at the edge of the existing right-of-way.
6.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
7.
Front yard setback: a minimum of 35 feet.
8.
Side yard setback: a minimum of 35 feet.
9.
Rear yard setback: a minimum of 35 feet.
G.
Review procedures. Any application for land development in the PO/B District or for any use involving the subdivision of land into lots smaller than six acres shall provide a site plan as described in§ 190-811, Site plan review procedures for specific uses, and also the following information. The submission and review of this information should be coordinated with the requirements and processes of the sketch or preliminary plan or land development plan process of Chapter 165, Subdivision and Land Development, of the Township Code.
1.
The applicant shall provide a written description of the substance of covenants, grant of easements or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities, and the legal form of provision and enforcement thereof.
2.
In the case of plans which call for development in stages, a schedule shall be provided showing the approximate order that applications for final approval of each stage of the development are intended to be filed and the approximate number and type of uses planned for each stage.
3.
Preliminary architectural renderings. Such renderings of the front facades of principal buildings shall be submitted for informational purposes. These plans shall not be used as the basis for a conditional use or subdivision or land development process decision or any other regulatory decision of the Township.
H.
Access to minor arterial streets.
1.
Purpose. The PO/B areas in the Township are located at critical areas for traffic movement. Carefully designed traffic access will be essential to avoid added congestion and traffic hazards. The number of access points onto minor arterial streets shall be minimized and traffic directed towards signalized intersections.
2.
The standards in this section apply both as requirements for all uses in the PO/B District and also as conditions for any conditional or special exception use in the PO/B District.
3.
PennDOT review. This section is intended to be used in close cooperation with and not to supersede PennDOT requirements for highway occupancy permits. In any decision by the Board of Supervisors regarding access from a PO/B development to a minor arterial street, the Board of Supervisors should consider comments from PennDOT, the Planning Commission, the Township Police Chief, the Township Engineer and any traffic studies that are submitted.
4.
Access alternatives to minor arterial streets. Access involving left-hand turns shall be provided from a PO/B tract only onto and off of an abutting collector or local street when possible, instead of directly onto a minor arterial street, wherever practical, as determined by the Board of Supervisors.
5.
Access onto minor arterial streets. A maximum of one access point involving left-hand turns may be permitted from a PO/B tract directly onto and off of a minor arterial street.
6.
Setback of access points from highly trafficked intersections. Any access point involving left-hand turns directly onto or off of a minor arterial street shall be set back a minimum of 300 feet from the following intersections: two minor arterial streets, a minor arterial and a collector street or a minor arterial street and a major arterial ramp.
7.
Setback of access points within a PO/B District. Any access point involving left-hand turns onto and off of a minor arterial street within a PO/B District shall be set back a minimum of 500 feet from any other access point onto that street from within a PO/B District.
8.
Interior streets. All uses within a PO/B tract shall make maximum possible use of a coordinated interior street system to minimize individual access points onto minor arterial streets.
9.
Easements for access. The Board of Supervisors may at the time of approval of a subdivision or land development within a PO/B District, require a lot or tract to grant an easement for vehicular traffic to adjoining tracts to allow an efficient interior access system.
10.
Subdivision. All subdivision of land within a PO/B District into tracts or lots shall only occur if it would not result in fragmented patterns of ownership and development that would prevent a carefully coordinated interior road system and minimization of access points to minor arterial streets.
I.
Off-street parking. In addition to the off-street parking regulations found in Article VI, Off-Street Parking and Loading, shared access drives and shared parking lots with adjacent uses are strongly encouraged to create an efficient and safe interior circulation system. See§ 190-601B, Conditional reduction in off-street parking areas, for conditional reduction of parking requirements. The number of access points onto minor arterial roads shall be minimized, as described in § 190-808B, Access points.
§ 190-409 Specific regulations for the MSC Main Street Commercial District.
A.
Permitted by right uses. The following uses are permitted by right in the MSC Main Street Commercial District, provided that all other requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Bank or financial institution.
3.
Bar or tavern.
4.
Business services establishment.
5.
Car wash.
6.
Commercial indoor recreation use.
7.
Community center or cultural center.
8.
Convenience store.
9.
Convention, conference, banquet or training center.
10.
Crop farming.
11.
Essential services.
12.
Forestry.
13.
Gasoline service station.
14.
Government and emergency services building.
15.
Hotel or motel.
16.
Medical or dental clinics and laboratories.
17.
Mixed-use building.
18.
Office, professional.
19.
Personal services establishment.
20.
Public park/recreation.
21.
Restaurant, quick-service.
22.
Restaurant, sit-down.
23.
Retail establishment.
24.
Shopping center.
25.
Wireless communications facility, tower-based.
B.
Conditional uses. The following is a list of conditional uses within the MSC Main Street Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
C.
Permitted accessory uses. Accessory uses in the MSC Main Street Commercial District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Bus shelter.
3.
Drive-thru facility.
4.
Farmers market.
5.
Food truck.
6.
Keeping of pets.
7.
Outdoor dining area.
8.
Satellite dish antenna or satellite antenna.
9.
Solar energy system, small.
10.
Temporary structure or use.
11.
Wind energy system, small.
D.
Special exception accessory uses. Accessory uses allowed as special exception in the MSC Main Street Commercial District shall be as follows:
1.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the MSC Main Street Commercial District shall be as follows:
1.
Lot area: a minimum of two acres.
2.
Lot width: a minimum of 150 feet per lot at the edge of the existing legal right-of-way.
3.
Maximum lot coverage: 35% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 80% of a lot.
4.
Minimum landscape coverage: 20% minimum of the lot.
5.
Front yard setback: a minimum of five feet.
6.
Side yard setback: a minimum of 25 feet, if not adjacent to the MSC District; a minimum of 15 feet if adjacent to the MSC District.
7.
Rear yard setback: a minimum of 25 feet, if not adjacent to the MSC District; a minimum of 15 feet if adjacent to the MSC District.
8.
Height: a maximum of 35 feet for principal structures and a maximum of 20 feet for accessory structures.
9.
Parking setback: a minimum of 50 feet away from Main Street.
F.
Community development objectives.
1.
To expand the variety and competitiveness of goods and services that can be conveniently accessed by Township residents and local business employees.
2.
To ensure safe and efficient pedestrian and vehicular connections along the Main Street corridor by managing land uses and traffic conflicts and minimizing the number of curb cuts.
3.
To minimize the adverse visual impact of expansive parking lots by establishing effective building and parking lot orientations and through the use of shade trees, screening, and grade changes.
4.
To proactively manage the streetscape and character of the area through the application of coordinated amenities, including sidewalks, landscaping, streetlighting and signage.
G.
Zoning permits.
2.
Applications for zoning permits for uses provided for in the Main Street Commercial District shall include the following additional information:
3.
Applications for building permits related to the construction of structures permitted within the Main Street Commercial District shall be approved only in the event that all relevant provisions of this ordinance and the Palmer Township Subdivision and Land Development Ordinance have been met.
H.
Development requirements. Within the boundaries of the Main Street Commercial District, all tracts shall be developed as part of a planned commercial development, subject to the following provisions:
1.
All developments shall be constructed in accordance with a well- coordinated, integrated overall plan. If a development is to be carried out in progressive phases, each phase shall be planned so that the requirements and intents of this article and this ordinance shall be fully complied with at the completion of any phase.
2.
The site shall utilize a carefully designed interior and exterior system of vehicular access to minimize the number of driveways entering onto public streets. The applicant shall prove that all proposed driveways or access points are placed in the most logical and reasonable locations, considering impacts upon abutting streets. No new traffic access that would involve left-hand turns onto and off Main Street shall be permitted, except at an intersection where a traffic signal exists or will be provided at the same time as the use.
3.
Where a drive-through window is proposed for any use within the development, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not have direct access from the street. The stacking lane shall not be used as a parking lot circulation aisle nor shall it in any way conflict with the circulation of traffic through the parking lot.
I.
Building standards and orientation.
1.
The main entrance of a building shall be identified by being recessed in from or projecting out from the surrounding wall, changes in building height, roof overhangs, awnings, lighting or combinations thereof.
2.
Blank walls shall not be permitted along any wall that faces a street.
3.
All exterior building walls that face a street shall be finished with brick, cut stone, precast/poured-on-site tilt-up concrete panels concrete, poured concrete panels, split-face masonry blocks, stucco, plaster, clear or lightly tinted glass, or combinations thereof.
a.
Standard concrete block or metal shall not be permitted as a visible wall material.
4.
For buildings that contain more than one use, the building shall be designed to give the appearance of a separate facade for each use. Uses shall be differentiated by columns, alternate materials, recesses, projections, roof overhangs, awnings or combinations thereof within an overall design scheme.
5.
Exterior building walls shall use neutral colors. Contrasting trim, color bands and/or textures may be used to create contrast.
6.
Loading doors or service entrances shall use the same color as the wall on which they are located.
7.
Building mechanical systems, including, but not limited to, air-conditioning units, exhaust systems, satellite dishes, and elevator housing, shall be located on the roof whenever possible. Any mechanical systems not mounted on the roof shall be enclosed with fencing and/or covering that is the same color as the building.
8.
Public utility equipment shall be placed underground whenever feasible.
9.
Trash receptacles and above-ground utility equipment shall be placed to the side or rear of the nearest building.
J.
Off-street parking and loading.
1.
Parking. In addition to the off-street parking requirements in Article VI, Off-Street Parking and Loading, and Table 3, the following requirements shall apply to uses within the Main Street Commercial District:
a.
The design of parking and circulation areas on the site shall address the needs of different users to the site, such as visitors, employees and truck loading and unloading.
b.
Off-street parking areas shall be oriented to the rear or side of structures. Parking areas shall not be permitted between the street and the building. For corner lots, the side of the building fronting onto Main Street shall be considered the front, and the side of the building fronting on the secondary street frontage shall be considered the side.
c.
Interconnection of off-street parking areas.
i.
To reduce traffic congestion and minimize the number of curb cuts along Main Street, parking areas shall be connected to adjacent parcels through a rear or side yard access road. Where a parking area is constructed and is adjacent to an undeveloped parcel, the access drive shall be extended to the lot line for future connection.
ii.
The use of shared access points is required. Adjacent uses shall share ingress and egress points to serve both uses.
d.
Internal walkways.
i.
Pedestrian walkways shall be provided for customers and employees to travel between buildings and parking areas.
ii.
Pedestrian walkways shall be provided between the sidewalk and the main entrance of all principal buildings.
iii.
Pedestrian walkways shall be constructed with a different pavement material than that used for streets and parking areas so as to differentiate the walkway from the driving areas. Pedestrian walkways may be constructed with concrete, decorative bricks, blocks or stone, not including crushed stone.
iv.
All pedestrian walkways shall comply with the ADA Standards for Accessible Design.
e.
Fire zones. At the direction of the Township Fire Commissioner, fire zones shall be set aside and marked around each building to ensure access by fire vehicles. Such marking shall consist of metallic signs or painted lines, or both, bearing the legend "No Parking - Fire Zone" or "No Parking - Fire Lane."
2.
Loading. In addition to the loading requirements in Article VI, Off-Street Parking and Loading, the following requirements shall apply to uses within the Main Street Commercial District:
a.
Loading and unloading areas shall be located at the rear of a building. If loading and unloading areas are not possible at the rear of a building, then they may be located at the side of a building, provided that they are screened from view of the street using fencing, a wall that matches the architectural style of the principal building, dense landscaping, or combinations thereof.
K.
Streetscape performance regulations.
1.
Sidewalks. Sidewalks shall be provided for all uses within the Main Street Commercial District. Sidewalks shall be constructed in accordance with Township specifications (see Palmer Township Standard Construction Details) and installed to connect to the lot line of adjacent parcels.
2.
Where sidewalks coincide and/or adjoin a Township-designated recreation path, the sidewalk width and locations shall be constructed in accordance with Township specifications.
3.
Streetlighting. Streetlighting shall be provided along all street frontages in the Main Street Commercial District.
a.
Streetlight poles shall have a maximum height of 20 feet and shall be placed a maximum of 100 feet apart measured along the same side of the street.
b.
All streetlight poles and fixtures shall be constructed in accordance with design standards set forth by the electric utility company.
c.
The design of streetlight poles and fixtures shall be consistent throughout the Main Street Commercial District.
d.
Cobra-head-style streetlights shall be prohibited.
L.
Traffic management.
1.
Road capacity. To ensure the road network is able to handle additional traffic from development, the following shall be met:
a.
A traffic impact assessment shall be completed for all applications of proposed development, redevelopment and/or expansion of existing development.
c.
The Township shall review, at the expense of the applicant, any professional traffic studies that are presented and make recommendations to the Township.
2.
Access management. The number of access points onto Main Street needs to be minimized, and traffic shall be steered towards a minimum number of strategically planned intersections and traffic signals. In order to minimize traffic congestion and hazards, the following access management provisions shall apply:
a.
Access to lots shall be provided only onto and off of an abutting collector or local street and shall not be provided directly onto or off of Main Street.
b.
Access to two or more adjoining lots may be combined, shared and/or coordinated to minimize the number of access points onto a public street. Shared parking lots and access drives or access points connecting adjacent lots are strongly encouraged.
i.
The provision of joint access shall be subject to the creation of an easement with the deed allowing cross-access between the properties within the access road area. The joint access arrangements shall include a joint agreement recorded with the deed defining the maintenance responsibilities of each of the property owners served by the access road.
c.
Developments consisting of three or more principal structures shall make use of a carefully coordinated interior street system.
i.
Each principal building shall have its main vehicle access onto a common parking lot, access drive, service road, marginal access street, or other alternative method approved by the Township, which shall then provide access to an abutting collector or local street.
ii.
Vehicle access shall be provided to each use without causing congestion to, hazards upon or interference with traffic movement on public streets.
iii.
All access to outparcels of a development shall be provided using internal access drives. Separate access to outparcels from collector or local streets shall be prohibited.
d.
The minimum distance to be provided between an access point or driveway and a street intersection on the same and/or opposite side of the following types of streets (measured from center line to center line) is listed below:
e.
An access point or driveway shall be aligned with or separated a minimum distance of 200 feet from any other access point or driveway onto the same street, measured from center line to center line.
§ 190-410 Specific regulations for the LI/MU Light Industrial/Mixed Use District.
A.
Permitted by right uses. The following uses are permitted by right in the LI/MU Light Industrial/Mixed Use District, provided that all other requirements of this ordinance are met:
1.
Artisan, craft, exercise or performing arts studio.
2.
Auto repair garage.
3.
Beverage production, limited distillery.
4.
Beverage production, limited winery, meadery or cidery.
5.
Business service establishment.
6.
Commercial indoor recreation use.
7.
Convenience store.
8.
Crop farming.
9.
Essential services.
10.
Forestry.
11.
Funeral home or mortuary.
12.
Gasoline service station.
13.
Governmental and emergency services facility.
14.
Golf course.
15.
Kennel.
16.
Manufacturing, light.
17.
Medical or dental clinics and laboratories.
18.
Medical marijuana dispensary.
19.
Medical marijuana grower/processor.
20.
Mixed-use building.
21.
Office, professional.
22.
Plant nursery.
23.
Public park/recreation.
24.
Recycling collection center.
25.
Research, development, engineering or testing laboratory.
26.
Retail establishment.
27.
Self-storage development.
B.
Special exception uses. The following is a list of special exception uses within the LI/MU Light Industrial/Mixed Use District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
D.
Permitted accessory uses. Accessory uses in the LI/MU Light Industrial/Mixed Use District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Brew pub or tap/tasting room.
3.
Bus shelter.
4.
Commercial/industrial outdoor storage or display.
5.
Food truck.
6.
Keeping of pets.
7.
Satellite dish antenna or satellite antenna.
8.
Solar energy system, small.
9.
Temporary structure or use.
10.
Wind energy system, small.
11.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the LI/MU Light Industrial/Mixed Use shall be as follows:
1.
Lot area: a minimum of one acre.
2.
Lot width: a minimum of 100 feet per lot at the edge of the existing legal right-of-way; for a minor arterial street, a minimum of 200 feet per lot at the edge of the street line.
3.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 65% of a lot.
4.
Front yard setback: a minimum of 40 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 75 feet.
5.
Side yard setback: a minimum of 30 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 120 feet.
6.
Rear yard setback: a minimum of 30 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 120 feet.
7.
Height: a maximum of 40 feet.
F.
Review procedures. In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, the following information shall also be submitted to the Township by the applicant:
1.
A list of the types of establishments expected to be located on the site and their approximate floor areas.
2.
The maximum number of employees expected to work on-site on each shift.
3.
An estimate of the average number of daily vehicle trips (tractor-trailer truck trips, automobile trips and other vehicle trips) expected to be generated.
4.
For specific uses, including light manufacturing, a detailed description of the following information shall be submitted:
a.
For light manufacturing, the nature of the on-site activities and manufacturing operations, the types of materials used in the manufacturing process, the waste generated and the methods of disposal, outside storage (if any) of raw materials, final products, or waste materials (this includes any tanks, silos or bins).
b.
For light manufacturing, any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. If available, provide any external noise studies conducted of similar operations.
c.
For all uses, the general scale of the operation, in terms of its specific floor space requirements for each activity, hours of operation, and the total number of employees on each shift.
d.
For all uses, provide evidence of the internal and external fire protection/suppression systems being provided at the facility.
e.
For all uses, provide evidence that the proposed uses shall not substantially change the character of any surrounding residential neighborhoods.
f.
For all uses, provide evidence that the proposed uses shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
G.
Sewage restrictions on uses.
1.
In areas of the Township as determined to be unlikely be served by public sewers within the next year following the date of zoning application, no industrial use shall be permitted that would reasonably be expected to generate an amount or intensity of sewage greater than one equivalent dwelling unit per acre, nor shall any use be permitted that would generate significant amounts of process waste.
2.
The Board of Supervisors and/or Easton Area Joint Sewer Authority Industrial Pretreatment Program may require an industrial facility to adequately pretreat its wastes if the waste that would result from the use would represent a serious hazard to the proper functioning of the sewage system of the EAJSA Wastewater Treatment Plant.
H.
Design guidelines.
1.
The proposed development should be designed with an overall plan having a single architectural and landscaping theme.
2.
Proposed buildings should relate in scale and materials to adjacent buildings.
3.
Long, unbroken facades are strongly discouraged.
4.
The exteriors of all buildings that are visible to a public street should be finished with masonry, brick, stone or equivalent types of attractive materials, as opposed to tin, steel or aluminum.
§ 190-411 Specific regulations for the IOC Industrial/Office/Commercial District.
A.
Permitted by right uses. The following uses are permitted by right in the IOC Industrial/Office/Commercial District, provided that all other requirements of this ordinance are met:
1.
Auto repair garage.
2.
Bank or financial institution.
3.
Beverage production, limited distillery.
4.
Beverage production, limited winery, meadery or cidery.
5.
Beverage production, large brewery.
6.
Beverage production, microbrewery.
7.
Billboard (on its own lot).
8.
Business services establishment.
9.
Commercial indoor recreation use.
10.
Convenience store.
11.
Crop farming.
12.
Day-care center, adult.
13.
Essential services.
14.
Forestry.
15.
Gasoline service station.
16.
Governmental and emergency services facility.
17.
Hotel or motel.
18.
Manufacturing, light.
19.
Medical or dental clinics and laboratories.
20.
Medical marijuana dispensary.
21.
Membership club, lodge or fraternal organization.
22.
Mixed-use building.
23.
Office, professional.
24.
Outdoor industrial storage/supply yard.
25.
Plant nursery.
26.
Public park/recreation.
27.
Research, development, engineering or testing laboratory.
28.
Restaurant, sit-down.
29.
Retail establishment.
30.
Self-storage development.
31.
Taxi, bus, or train terminal.
32.
Truck stop.
33.
Truck, rail or freight terminal.
34.
Warehouse/logistics use.
35.
Wholesale establishment.
B.
Special exception uses. The following is a list of special exception uses within the IOC Industrial/Office/Commercial, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the IOC Industrial/Office/Commercial District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the IOC Industrial/Office/Commercial District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Bus shelter.
3.
Commercial/industrial outdoor storage or display.
4.
Crematorium.
5.
Food truck.
6.
Keeping of pets.
7.
Satellite dish antenna or satellite antenna.
8.
Solar energy system, small.
9.
Temporary structure or use.
10.
Wind energy system, small.
F.
Area and bulk regulations. Area and bulk regulations in the IOC Industrial/Office/Commercial District shall be as follows:
1.
Lot area: a minimum of five acres. The tract size shall be a minimum of 15 acres.
2.
Lot width: a minimum of 100 feet per lot at the edge of the existing legal right-of-way; for a minor arterial street, a minimum of 250 feet per lot at the edge of the street line.
3.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 65% of a lot.
4.
Minimum landscape coverage: 20% minimum of the lot.
5.
Front yard setback: a minimum of 40 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 75 feet.
6.
Side yard setback: a minimum of 15 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 150 feet.
7.
Rear yard setback: a minimum of 15 feet; if the lot abuts or is across the ROW from a residential lot line, a minimum of 150 feet.
8.
Height: a maximum of 45 feet.
G.
Review procedures.
1.
In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, a development plan shall be submitted including the following information:
a.
A list of the types of uses expected to be located on the tract and their approximate floor areas.
b.
A map and statement indicating the manner in which the proposed site plan relates to existing and anticipated future development of the balance of the IOC District, with respect to traffic flow and parking, utilities and services, open space, landscaped areas and drainage.
c.
A map and statement indicating the manner and extent to which open space and landscaped areas are to be provided in the development, including any proposal for extension of a recreation trail along the Schoeneck Creek.
d.
For any major industrial use(s), the likely hours of operation, the maximum number of employees expected on any one shift and an estimate of the expected number of trips of different types of vehicles.
e.
Proposed methods to screen and buffer any adjacent dwellings and/or any adjacent residential districts.
f.
Such additional data or evidence that the Board of Supervisors may reasonably require to ensure compliance with specific provisions of Township ordinances, especially to ensure public health and safety and to ensure compliance with the performance standards of Article V, Environmental Preservation.
g.
An applicant for a development of multiple lots intended to involve industrial uses shall provide to the Township the substance of the proposed declarations of restrictions and covenants (if any) that would impose additional use and development and maintenance restrictions on the development of the tract. Such restrictions and covenants are strongly encouraged to ensure adequate maintenance and to control nuisances from individual uses within the tract. Any proposed covenants shall also include a written process for enforcement by the developer and the Township.
2.
For specific uses including light manufacturing, warehouses/logistics use, and truck, rail or freight terminal, a detailed description of the following information shall be submitted:
a.
For light manufacturing, the nature of the on-site activities and manufacturing operations, the types of materials used in the manufacturing process, the waste generated and the methods of disposal, outside storage (if any) of raw materials, final products, or waste materials (this includes any tanks, silos or bins).
b.
For Light Manufacturing, any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. If available, provide any external noise studies conducted of similar operations.
c.
For warehousing and truck, rail or freight terminal, the nature of the on-site activities and operations, the types of materials stored.
d.
For all uses, the general scale of the operation, in terms of its specific floor space requirements for each activity, hours of operation, and the total number of employees on each shift.
e.
For all uses, provide evidence of the internal and external fire protection/suppression systems being provided at the facility.
f.
For all uses, provide evidence that the proposed uses shall not substantially change the character of any surrounding residential neighborhoods.
g.
For all uses, provide evidence that the proposed uses shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
H.
Sewage restrictions on uses.
1.
In areas of the Township to unlikely be served by public sewers within the next year following the date of zoning application, no industrial use shall be permitted that would reasonably be expected to generate an amount or intensity of sewage greater than one equivalent dwelling unit per acre, nor shall any use be permitted that would generate significant amounts of process waste.
2.
The Board of Supervisors and/or Easton Area Joint Sewer Authority Industrial Pretreatment Program may require an industrial facility to adequately pretreat its wastes if the waste that would result from the use would represent a serious hazard to the proper functioning of the sewage system of the EAJSA Wastewater Treatment Plant.
I.
Design guidelines.
1.
The proposed development should be designed with an overall plan having a single architectural and landscaping theme.
2.
Proposed buildings should relate in scale and materials to adjacent buildings.
3.
Long, unbroken facades are strongly discouraged.
4.
The exteriors of all buildings that are visible to a public street should be finished with masonry, brick, stone or equivalent types of attractive materials, as opposed to tin, steel or aluminum.
§ 190-412 Specific regulations for the NEB North End Business District.
A.
Permitted by right uses. The following uses are permitted by right in the NEB North End Business District, provided that all other requirements of this ordinance are met:
1.
Beverage production, large brewery.
2.
Beverage production, limited distillery.
3.
Beverage production, limited winery, meadery or cidery.
4.
Billboard (on its own lot).
5.
Business services establishment.
6.
Crop farming.
7.
Day-care center, child.
8.
Essential services.
9.
Forestry.
10.
Governmental and emergency services facility.
11.
Manufacturing, light.
12.
Manufacturing, heavy.
13.
Medical or dental clinics and laboratories.
14.
Medical marijuana grower/processor.
15.
Mixed-use building.
16.
Office, professional.
17.
Outdoor industrial storage/supply yard.
18.
Public park/recreation.
19.
Research, development, engineering or testing laboratory.
20.
School, commercial.
21.
Truck stop.
22.
Truck, rail, freight terminal.
23.
Warehouse/logistics use.
24.
Wholesale establishment.
25.
Wireless communications facility, tower-based.
B.
Special exception uses. The following is a list of special exception uses within the NEB North End Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-903:
C.
Conditional uses. The following is a list of conditional uses within the NEB North End Business District, which shall also have to meet the requirements set forth for particular uses set forth in § 190-902:
D.
Permitted accessory uses. Accessory uses in the NEB North End Business District shall be as follows:
1.
Accessory use and structure which are clearly customary and incidental to a permitted principal use.
2.
Bus shelter.
3.
Commercial/industrial outdoor storage or display.
4.
Crematorium.
5.
Keeping of pets.
6.
Satellite dish antenna or satellite antenna.
7.
Solar energy system, small.
8.
Temporary structure or use.
9.
Wind energy system, small.
10.
Wireless communications facility, nontower.
E.
Area and bulk regulations. Area and bulk regulations in the NEB North End Business District shall be as follows:
1.
Lot area: a minimum of 10 acres.
2.
Lot width: a minimum of 350 feet per lot at the edge of the existing legal right-of-way.
3.
Maximum lot coverage: 45% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 75% of a lot.
4.
Front yard setback: a minimum of 15 feet.
5.
Side yard setback: a minimum of 25 feet if not adjacent to the NEB District; a minimum of 15 feet if adjacent to the NEB District.
6.
Rear yard setback: a minimum of 25 feet if not adjacent to the NEB District; a minimum of 15 feet if adjacent to the NEB District.
7.
Height: a maximum of 60 feet.
F.
Community development objectives.
1.
To promote industrial, research, distribution, office and commercial development in appropriate locations to provide wider employment choices and improve overall economic development for the Township.
2.
To ensure that sufficient road capacity and utilities are in place before new development occurs.
3.
To provide a safe and efficient transportation network that is closely coordinated with land use.
4.
To proactively manage the streetscape and character of the area through the application of coordinated amenities, including sidewalks, landscaping and signage.
G.
Zoning permits.
1.
Applications for zoning permits related to the construction of structures permitted in the North End Business District shall include the following information:
2.
Applications for zoning permits for uses provided for in the North End Business District shall include the following additional information:
H.
Review procedures for uses. In addition to the requirements of § 190-811, Site plan review procedures for specific uses, § 190-902, Process for conditional uses, and § 190-903, Process for special exception uses, the following information shall also be submitted for the following uses, including light and heavy manufacturing, warehouses/logistics use, and truck, rail or freight terminal:
1.
For light and heavy manufacturing, the nature of the on-site activities and manufacturing operations, the types of materials used in the manufacturing process, the waste generated and the methods of disposal, outside storage (if any) of raw materials, final products, or waste materials (this includes any tanks, silos or bins).
2.
For light and heavy manufacturing, any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. If available, provide any external noise studies conducted of similar operations.
3.
For warehousing and truck, rail or freight terminal, the nature of the on-site activities and operations, the types of materials stored.
4.
For all uses, the general scale of the operation, in terms of its specific floor space requirements for each activity, hours of operation, and the total number of employees on each shift.
5.
For all uses, provide evidence of the internal and external fire protection/suppression systems being provided at the facility.
6.
For all uses, provide evidence that the proposed uses shall not substantially change the character of any surrounding residential neighborhoods.
7.
For all uses, provide evidence that the proposed uses shall not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
I.
Development requirements. Within the boundaries of the North End Business District, all developments shall be constructed in accordance with a well-coordinated, integrated overall plan. If a development is to be carried out in progressive phases, each phase shall be planned so that the requirements and intents of this article and this ordinance shall be fully complied with at the completion of any phase.
J.
Building standards and orientation.
1.
The main entrance of all buildings shall be located along the front or side of the building that faces the street.
a.
The main entrance of a building shall be identified by being recessed in or projecting out, changes in building height, roof overhangs, awnings, lighting or combinations thereof.
2.
Blank walls shall not be permitted along any wall that faces Main Street.
3.
All exterior building walls that face a street shall be finished with brick, cut stone, precast concrete, poured concrete panels, split-face masonry blocks, stucco, plaster, clear or lightly tinted glass, or combinations thereof.
a.
Standard concrete block or metal shall not be permitted on walls that face a street.
4.
Exterior building walls shall use neutral colors. Contrasting trim, color bands and/or textures may be used to help break up the vertical monotony of flat walls.
5.
For any property with frontage on Main Street, loading docks, service bays and roll-up doors shall be screened against view from Main Street.
6.
Loading bays and roll-up doors shall use the same color as the wall on which they are located.
7.
Building mechanical systems, including, but not limited to, air-conditioning units, exhaust systems, satellite dishes, and elevator housing, shall be located on the roof whenever possible.
8.
Public utility equipment shall be placed underground whenever feasible.
9.
Trash receptacles and above-ground utility equipment shall be placed to the side or rear of the nearest building.
K.
Off-street parking and loading.
1.
Parking. In addition to the off-street parking requirements in Article VI, Off-Street Parking and Loading, and Table 3, the following requirements shall apply to uses within the North End Business District:
a.
The design of parking and circulation areas on the site shall address the needs of different users to the site, such as visitors, employees and truck loading and unloading.
b.
Where parking areas are located between the building and the street, the parking areas shall be screened from view of the street using low fencing, a low wall that matches the architectural style of the principal building, earthen berms, variations in elevation, landscaping, or combinations thereof.
c.
Internal walkways.
i.
Pedestrian walkways shall be provided for visitors, customers and employees to travel between buildings and parking areas.
ii.
Pedestrian walkways shall be constructed with a different pavement material than that used for streets and parking areas so as to differentiate the walkway from the driving areas. Pedestrian walkways may be constructed with concrete, decorative brick, blocks or stone, not including crushed stone.
iii.
All pedestrian walkways shall comply with the ADA Standards for Accessible Design.
2.
Loading. In addition to the loading requirements in Article VI, Off-Street Parking and Loading, the following requirements shall apply to uses within the North End Business District:
a.
Loading and unloading areas, including areas for truck parking and/or service, shall be located at the rear of a building, whenever possible. If loading, unloading, truck parking and/or service bays are not possible at the rear of a building, then they may be located at the side of a building, provided that they are not visible from the street.
b.
If loading, unloading, truck parking and/or service areas are located at the side of a building, they shall be shielded from view of the street using fencing, a wall that matches the architectural style of the principal building, or dense landscaping.
L.
Streetscape performance regulations.
1.
Sidewalks. Sidewalks shall be provided for all uses within the North End Business District. Sidewalks shall be constructed in accordance with Township specifications (see Palmer Township Standard Construction Details) and installed to connect to the lot line of adjacent parcels.
2.
Where sidewalks coincide and/or adjoin a Township-designated recreation path, the sidewalk width and locations shall be constructed in accordance with Township specifications.
3.
Streetlighting. Streetlighting shall be provided along all street frontages in the North End Business District.
a.
Streetlight poles shall have a maximum height of 20 feet and shall be placed a maximum of 100 feet apart.
b.
All streetlight poles and fixtures shall be constructed in accordance with design standards set forth by the electric utility company.
c.
The design of streetlight poles and fixtures shall be consistent throughout the North End Business District and in conformance with any applicable Township Design Standards.
d.
Cobra-head-style streetlights shall be prohibited.
M.
Traffic management.
1.
Road capacity. To ensure the road network is able to handle additional traffic from development, the following shall be met:
a.
A traffic impact assessment shall be completed for all applications of proposed development, redevelopment and/or expansion of existing development.
c.
The Township shall review, at the expense of the applicant, any professional traffic studies that are presented and make recommendations to the Township.
2.
Access management. The number of access points onto Main Street shall be minimized, and traffic shall be directed towards a minimum number of strategically planned intersections and traffic signals. In order to minimize traffic congestion and hazards, the following access management provisions shall apply:
a.
Access to lots shall be provided only onto and off of an abutting collector or local street and shall not be provided directly onto or off of Main Street.
b.
Access to two or more adjoining lots may be combined, shared and/or coordinated to minimize the number of access points onto a public street. Shared parking lots and access drives or access points connecting adjacent lots are strongly encouraged.
i.
The provision of joint access shall be subject to the creation of an easement with the deed allowing cross-access between the properties within the access road area. The joint access arrangements shall include a joint agreement recorded with the deed defining the maintenance responsibilities of each of the property owners served by the access road.
c.
Developments consisting of three or more principal structures shall make use of a carefully coordinated interior street system.
i.
Each principal building shall have its main vehicle access onto a common parking lot, access drive, service road, marginal access street, or other alternative method approved by the Township, which shall then provide access to an abutting collector or local street.
ii.
Vehicle access shall be provided to each use without causing congestion to, hazards upon or interference with traffic movement on public streets.
d.
The minimum distance to be provided between an access point or driveway and a street intersection on the same and/or opposite side of the following types of streets (measured from center line to center line) is listed below:
e.
An access point or driveway shall be aligned with or separated a minimum distance of 200 feet from any other access point or driveway onto the same street, measured from center line to center line.
N.
Sewage restrictions on uses.
1.
In areas of the Township to unlikely be served by public sewers within the next year following the date of zoning application, no industrial use shall be permitted that would reasonably be expected to generate an amount or intensity of sewage greater than one equivalent dwelling unit per acre, nor shall any use be permitted that would generate significant amounts of process waste.
2.
The Board of Supervisors and/or the Nazareth Borough Municipal Authority (NBMA) Industrial Pretreatment Program may require an industrial facility to adequately pretreat its wastes if the waste that would result from the use would represent a serious hazard to the proper functioning of the NBMA Wastewater Treatment Plant.
§ 190-413 Specific regulations for the R-248 Route 248 Overlay District.
A.
Community development objectives.
1.
To facilitate safe and efficient pedestrian and vehicular travel along the Route 248 corridor by managing land uses and traffic conflicts and decreasing curb cuts.
2.
To establish more effective building and parking lot orientations for the corridor.
3.
To encourage greater interest in architectural quality and public amenities by proactively managing the streetscape and character of the corridor.
4.
To develop coordinated streetscape amenities along the corridor, including sidewalks, streetlighting, landscaping, and signage.
5.
To build upon and improve the Route 248 corridor by establishing guidelines and standards for future development, reuse, and expansions; evaluate undeveloped parcels for their highest and best use; and design new developments so that they contribute to and have a relationship to the community as a whole.
6.
To set standards for home conversions that will maintain the character of the structure.
7.
To avoid uses which impose upon neighboring residential pockets and negatively impact the character of the area.
8.
To establish backyard buffers which protect adjoining residential uses from excessive light and glare, noise, or parking.
B.
C.
Area and bulk regulations. Uses permitted within the Overlay District shall follow respective base zoning district regulations, with the following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 35 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to 90% opaqueness) on three sides by evergreen planting, fencing, and/or walls. Screening shall block view of dumpster from streets and dwellings as well as those that are adjacent to a residential lot.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a minimum height of six feet and a maximum height of eight feet, maintained in good repair, and with a parallel row of trees or shrubs, unless the rear yard fronts onto an alleyway. At least 90% of the total surface shall be opaque and the exterior and/or intended finished face of the fence shall be oriented toward the adjacent lot and/or right-of-way. For purpose of the buffer yard, chain-link-type fences are not permitted.
b.
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, elevator housing, and dumpsters shall be integrated into the overall design and character of the building. Landscaping and other screening devices, including decorative fencing, shall be used to soften the view of these features from adjoining properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts a residential district or use, such paved areas shall have a permanent staggered/offset row of bushes, four feet high at the time of planting, with sufficient density to block car lights from shining into the adjoining property. Upon written approval from the adjoining (i.e., affected) property owner, a four-foot fence with 90% opaqueness may be substituted for the row of bushes, provided that it is not a chain-link-style fence.
b.
The side yard buffer shall be provided by the developer or property owner for all new land developments, changes of uses and/or replacement with same use, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded by 10% of the square footage or more.
E.
F.
Signs.
1.
Height. Within the Route 248 Overlay District, ground signs shall be limited to a maximum height of five feet. Freestanding pole signs are prohibited.
2.
Area. Maximum sign area in the Route 248 Overlay District shall be limited to 15 square feet in residential districts and 20 square feet in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary for the sign to be readable. Internally illuminated signs shall be prohibited in all residential districts in the Township. Where permitted in nonresidential districts, internally illuminated signs shall have a dark background with illuminated text that accounts for a maximum of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white, steady, stationary light. External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties. Signs may be backlighted with a diffused or shielded light source if deemed necessary by the Township to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign, but not its background, in order to shine only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less. All existing internally illuminated signs in a residential zoning district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along public streets, parking areas shall be connected to adjacent parcels through rear or side yard access road. The intent is to provide a secondary point of access in a grid pattern to uses within the Route 248 Overlay District. Where a parking area is constructed and is adjacent to an undeveloped nonresidential parcel, the access drive shall be extended to the lot line for future connection.
b.
The use of shared access points is strongly recommended. Where possible, two adjacent uses may share ingress and egress points to serve both uses. This model will decrease the number of curb cuts along Route 248 and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb cut shall be retained for the consolidated lot. Any existing access point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed to shine back toward the principal building and shall not spill any light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the light from spilling over unnecessarily. Parking lighting fixtures shall be lit during office hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A limit of three parking spaces may be provided on the side of the building that faces a public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to parking lots to provide for the safety of pedestrians accessing the buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the Route 248 Overlay District shall provide a prominent and highly visible street-level doorway or entrance fronting to Route 248, except in the case of master-planned developments exceeding two acres in land area.
2.
In order to maintain the character of the area, blank walls shall not be permitted to face a public street. The street level facade of any building facing a public street or access drive shall be at least 15% transparent. These requirements shall apply to all new land developments and existing buildings reconstructed over 50% of tax value.
3.
Exterior wall materials that are not permitted in the Route 248 Overlay District include: large split face blocks, tilt-up concrete panels, prefabricated metal panels, and standard concrete masonry units.
§ 190-414 Specific regulations for the WPH William Penn Highway Overlay District.
A.
Community development objectives.
1.
To ensure safe and efficient pedestrian and vehicular travel along the William Penn Highway corridor by managing land uses and traffic conflicts, decreasing the number of curb cuts, and establishing more effective building and parking lot orientations.
2.
To encourage greater interest in design unification.
3.
To proactively manage the streetscape and character of the corridor through the application of coordinated amenities including sidewalks, landscaping, and signage.
4.
To build upon and improve the William Penn Highway corridor by establishing guidelines and standards for future development, reuse, and expansions.
5.
To design new developments that contribute to and have a relationship to the community as a whole and avoid uses which negatively impose upon neighboring residential pockets.
6.
To set standards for home conversions to enable flexibility while also maintaining basic standards and minimizing land use conflicts.
7.
To keep traffic and the number of curb cuts to a minimum.
8.
To establish backyard buffers which protect adjoining residential uses from light, noise, and other conflicts that may be caused by nonresidential uses.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall be permitted in the William Penn Highway Overlay District as defined within the respective base zoning districts unless specifically prohibited herein.
a.
In addition, the following principal uses may also be allowed as a permitted by right use:
i.
Artisan, craft, exercise or performing arts studio.
ii.
Bank or financial institution (no drive-thru).
iii.
Bar or tavern.
iv.
Bed-and-breakfast use.
v.
Business services establishment.
vi.
Day-care center, adult.
vii.
Day-care center, child.
viii.
Funeral home or mortuary.
ix.
Group home.
x.
Membership club, lodge or fraternal organization Mixed-use building.
xi.
Medical or dental clinics and laboratories.
xii.
Mixed-use building.
xiii.
Office, professional.
xiv.
Personal care home or center.
xv.
Personal services establishment.
xvi.
School, public or private.
xvii.
Single-family semidetached dwelling (twin).
xviii.
Two-family dwelling (duplex).
xix.
Veterinarian office or animal hospital.
2.
Conversion of existing dwellings in the William Penn Highway Overlay District to nonresidential uses may be permitted, provided the following conditions are met:
3.
Lot consolidation. If adjacent lots are under the control of a single landowner, the lots shall be consolidated as a single lot prior to any land development.
4.
Regulations in this article must be followed upon change of use. All conversions under this article shall be considered land developments conforming to the Palmer Township Subdivision and Land Development Ordinance and requiring a land development plan.
C.
Area and bulk regulations. Uses permitted within the Overlay District shall follow respective base zoning district regulations, with the following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 40 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to 90% opaqueness) on three sides by evergreen planting, fencing, and/or walls. Screening shall block view of dumpster from streets and dwellings.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a minimum height of six feet and a maximum height of eight feet, maintained in good repair, and with a parallel row of trees or shrubs, unless the rear yard fronts onto an alleyway. At least 90% of the total surface shall be opaque. For purpose of the buffer yard, chain-link-type fences are not permitted.
b.
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, elevator housing, and dumpsters shall be integrated into the overall design and character of the building. Landscaping and other screening devices, including decorative fencing, shall be used to soften the view of these features from adjoining properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts a residential district or use, such paved areas shall have a permanent staggered/offset row of bushes, four feet high at the time of planting, with sufficient density to block car lights from shining into the adjoining property. Upon written approval from the adjoining (i.e., affected) property owner, a four-foot fence with 90% opaqueness may be substituted for the row of bushes, provided that it is not a chain-link-style fence.
b.
The side yard buffer shall be provided by the developer or property owner for all new land developments, changes of uses and/or replacement with same use, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded by 10% of the square footage or more.
E.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided along all road frontages for all parcels within the William Penn Highway Overlay District. Sidewalks shall be provided by the developer or property owner for all new land developments, replacement of the same use and/or changes of uses, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded 10% of the square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications (see Palmer Township Standard Construction Details) and installed to connect to the lot line of adjacent parcels. Sidewalks constructed along William Penn Highway shall begin at the right-of-way and be constructed a minimum of five feet as measured toward the building setback line.
F.
Signs.
1.
Height. Within the William Penn Highway Overlay District, ground signs shall be limited to a maximum height of five feet. Freestanding pole signs are prohibited.
2.
Area. Maximum sign area in the William Penn Highway Overlay District shall be limited to 15 square feet in residential districts and 20 square feet in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary for the sign to be readable. Internally illuminated signs shall be prohibited in all residential districts in the Township. Where permitted in nonresidential districts, internally illuminated signs shall have a dark background with illuminated text that accounts for a maximum of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white, steady, stationary light. External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties. Signs may be backlighted with a diffused or shielded light source if deemed necessary by the Township to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign, but not its background, in order to shine only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less. All existing internally illuminated signs in a residential zoning district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along public streets, parking areas shall be connected to adjacent parcels through rear or side yard access road. The intent is to provide a secondary point of access in a grid pattern to uses within the William Penn Highway Overlay District. Where a parking area is constructed and is adjacent to an undeveloped nonresidential parcel, the access drive shall be extended to the lot line for future connection.
b.
The use of shared access points is strongly recommended. Where possible, two adjacent uses may share ingress and egress points to serve both uses. This model will decrease the number of curb cuts along William Penn Highway and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb cut shall be retained for the consolidated lot. Any existing access point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed to shine back toward the principal building and shall not spill any light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the light from spilling over unnecessarily. Parking lighting fixtures shall be lit during office hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A maximum of three parking spaces may be provided on the side of the building fronting the public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to parking lots to provide for the safety of pedestrians accessing the buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the William Penn Highway Overlay District shall provide a prominent and highly visible street-level doorway or entrance fronting to William Penn Highway.
2.
In order to maintain the character of the area, blank walls shall not be permitted to face any land development proposed under this ordinance. The street level facade of any building facing a public street or access drive shall be at least 15% transparent. These requirements shall apply to all new land developments and existing buildings reconstructed over 50% of tax value.
3.
Exterior wall materials that are not permitted in the William Penn Highway Overlay District include: large split face blocks, tilt-up concrete panels, prefabricated metal panels, and standard concrete masonry units.
§ 190-415 Specific regulations for the FAO Freemansburg Avenue Overlay District.
A.
Community development objectives.
1.
To ensure safe and efficient pedestrian and vehicular travel along the Freemansburg Avenue corridor by managing land uses and traffic conflicts, decreasing the number of curb cuts, and establishing more effective building and parking lot orientations.
2.
To encourage greater interest in design unification.
3.
To proactively manage the streetscape and character of the corridor through the application of coordinated amenities including sidewalks, landscaping, and signage.
4.
To build upon and improve the Freemansburg Avenue corridor by establishing guidelines and standards for future development, reuse, and expansions.
5.
To design new developments that contribute to and have a relationship to the community as a whole and avoid uses which negatively impose upon neighboring residential pockets.
6.
To set standards for home conversions to enable flexibility while also maintaining basic standards and minimizing land use conflicts.
7.
To keep traffic and the number of curb cuts to a minimum.
8.
To establish backyard buffers which protect adjoining residential uses from light, noise, and other conflicts that may be caused by nonresidential uses.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall be permitted in the Freemansburg Avenue Overlay District as defined within the respective base zoning districts unless specifically prohibited herein.
a.
In addition, the following principal uses may also be allowed as a permitted by right use:
i.
Uses permitted by right within respective base zoning districts.
ii.
Artisan, craft, exercise or performing arts studio.
iii.
Bank or financial institution (no drive-thru).
iv.
Bed-and-breakfast use.
v.
Business services establishment.
vi.
Day-care center, adult.
vii.
Day-care center, child.
viii.
Funeral home or mortuary.
ix.
Group home.
x.
Medical or dental clinics and laboratories.
xi.
Membership club, lodge or fraternal organization.
xii.
Mixed-use building.
xiii.
Office, professional.
xiv.
Personal care home or center.
xv.
Personal services establishment.
xvi.
Restaurant, sit-down.
xvii.
School, public or private.
xviii.
Single-family semidetached dwelling (twin).
xix.
Two-family dwelling (duplex).
xx.
Veterinarian office or animal hospital.
3.
Lot consolidation. If adjacent lots are under the control of a single landowner in subdistricts A and B, the lots shall be consolidated as a single lot prior to any land development.
4.
Regulations in this article must be followed upon change of use. All conversions under this article shall be considered land developments conforming to the Palmer Township Subdivision and Land Development Ordinance and requiring a land development plan.
C.
Area and bulk regulations. Uses permitted within the Overlay District shall follow respective base zoning district regulations, with the following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
6.
Height: a maximum of 40 feet.
D.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804 Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to 90% opaqueness) on three sides by evergreen planting, fencing, and/or walls. Screening shall block view of dumpster from streets and dwellings.
a.
Roll off dumpster or other similar large-scale trash storage shall not be permitted at any location within the lot. Front load dumpsters are permitted.
b.
Dumpsters and/or service areas shall not be located between the front lot line and the front facade of the principal structure. Dumpsters shall not be located within 75 feet of a residential dwelling.
c.
Trash collection shall not occur between the hours of 10:00 p.m. and 6:00 a.m.
2.
Rear yard buffer.
a.
Rear yards shall include a permanent continuous fence with a minimum height of six feet and a maximum height of eight feet, maintained in good repair, and with a parallel row of trees or shrubs, unless the rear yard fronts onto an alleyway. At least 90% of the total surface shall be opaque. For purpose of the buffer yard, chain-link-type fences are not permitted.
b.
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, elevator housing, and dumpsters shall be integrated into the overall design and character of the building. Landscaping and other screening devices, including decorative fencing, shall be used to soften the view of these features from adjoining properties.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts a residential district or use, such paved areas shall have a permanent staggered/offset row of bushes, four feet high at the time of planting, with sufficient density to block car lights from shining into the adjoining property. Upon written approval from the adjoining (i.e., affected) property owner, a four-foot fence with 90% opaqueness may be substituted for the row of bushes, provided that it is not a chain-link-style fence.
b.
The side yard buffer shall be provided by the developer or property owner for all new land developments, changes of uses and/or replacement with same use, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded by 10% of the square footage or more.
E.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided for along all road frontages on all parcels within the Freemansburg Avenue Overlay District. Sidewalks shall be provided by the developer or property owner for all new land developments, replacement of the same use and/or changes of uses, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded 10% of the square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications (see Palmer Township Standard Construction Details) and installed to connect to the lot line of adjacent parcels. Sidewalks constructed along Freemansburg Avenue shall begin at the right-of-way and be constructed a minimum of five feet as measured toward the building setback line.
F.
Signs.
1.
Height. Within the Freemansburg Avenue Overlay District, ground signs shall be limited to a maximum height of five feet. Freestanding pole signs are prohibited.
2.
Area.
a.
Maximum sign area in the subdistrict A of the Freemansburg Avenue Overlay District shall be limited to 15 square feet in residential districts and 20 square feet in nonresidential districts.
b.
Maximum sign area in subdistrict B of the Freemansburg Avenue Overlay District shall be limited to 10 square feet in residential districts and 15 square feet in nonresidential districts.
3.
Illumination.
a.
No sign shall be excessively illuminated beyond which is necessary for the sign to be readable. Internally illuminated signs shall be prohibited in all residential districts in the Township. Where permitted in nonresidential districts, internally illuminated signs shall have a dark background with illuminated text that accounts for a maximum of 20% total sign area.
b.
Externally illuminated signs shall be illuminated by a white, steady, stationary light. External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties. Signs may be backlighted with a diffused or shielded light source if deemed necessary by the Township to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign, but not its background, in order to shine only on the face of the sign and not spill over into the property.
c.
Hours of illumination. Signs may be lit during occupied hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less. All existing internally illuminated signs in a residential zoning district shall be lit during office hours only.
G.
Parking standards and interconnection.
1.
Interconnection of off-street parking areas.
a.
To reduce traffic congestion and the number of curb cuts along public streets, parking areas shall be connected to adjacent parcels through a rear or side yard access drive. The intent is to provide a secondary point of access in a grid pattern to uses within the Freemansburg Avenue Overlay District.
b.
The use of shared access points is strongly recommended. Where possible, two adjacent uses may share ingress and egress points to serve both uses. This model will decrease the number of curb cuts along Freemansburg Avenue and create a safer and more efficient road.
c.
When adjacent lots are consolidated, only one access point/curb cut shall be retained for the consolidated lot. Any existing access point/curb cut beyond the one permitted shall be abandoned.
2.
Parking area lighting.
a.
All lights used for parking or in parking areas must be designed to shine back toward the principal building and shall not spill any light or glare onto the adjacent property.
b.
Lighting fixtures shall have hoods or shields to manage the light from spilling over unnecessarily. Parking lighting fixtures shall be lit during office hours or between the hours of 7:00 a.m. and 11:00 p.m., whichever is less.
c.
Lighting shall be coordinated with landscaping in parking areas.
3.
Parking.
a.
Off-street parking areas shall be oriented to the rear or side of structures to create a unified streetscape and minimize congestion.
b.
Parking and loading shall conform to the standards in Article VI, Off-Street Parking and Loading. A maximum of three parking spaces may be provided on the side of the building that faces a public street in order to decrease the stacking of vehicles and "back up" on to a public street. For corner lots, the front yard shall be determined by side fronting onto the primary street, and the secondary street frontage shall be considered a side yard.
c.
Interior pedestrian pathways and crosswalks shall be added to parking lots to provide for the safety of pedestrians accessing the buildings, both from side sidewalk and the parking lot.
H.
Building standards and orientation.
1.
All new construction in the Freemansburg Avenue Overlay District shall provide a prominent and highly visible street-level doorway or entrance fronting to Freemansburg Avenue.
2.
In order to maintain the character of the area, blank walls shall not be permitted to face a public street. The street level facade of any building facing a public street or access drive shall be at least 15% transparent. These requirements shall apply to all new land developments and existing buildings reconstructed over 50% of tax value.
3.
Exterior wall materials that are not permitted in the Freemansburg Avenue Overlay District include: large split face blocks, tilt-up concrete panels, prefabricated metal panels, and standard concrete masonry units.
§ 190-416 Specific regulations for the EGO Eastern Gateway Overlay District.
A.
Community development objectives.
1.
To establish a coordinated approach for redevelopment and reinvestment within the Township's eastern gateway, as recommended by the Township Comprehensive Plan.
2.
To balance the nonresidential and residential needs and interests for the Township's eastern gateway and for the Township as a whole.
3.
To manage anticipated future redevelopment of the eastern end to the Township along William Penn Highway into mixed-use retail, office, research and development, and residential development options.
4.
To ensure that such future redevelopment compliments surrounding land uses, encourages efficient land use, and promotes accessibility to the Palmer Township trail network.
B.
Use regulations.
1.
Uses by right, conditional uses, and uses by special exception shall be permitted in the Eastern Gateway Overlay District as defined within the respective base zoning districts unless specifically prohibited herein.
a.
In addition, the following principal uses may also be allowed as a permitted by right use:
i.
Uses permitted by right within respective base zoning districts.
ii.
Artisan, craft, exercise or performing arts studio.
iii.
Bank or financial institution (no drive-throughs).
iv.
Bar or tavern.
v.
Beverage production, microbrewery.
vi.
Beverage production, limited winery, meadery or cidery.
vii.
Beverage production, limited distillery.
viii.
Business services establishment.
ix.
Hotel or motel.
x.
Medical or dental clinics and laboratories.
xi.
Mixed-use building.
xii.
Multifamily dwelling, low-rise (garden apartments).
xiii.
Multifamily dwelling, mid-rise.
xiv.
Office, professional.
xv.
Personal services establishment.
xvi.
Planned development.
xvii.
Restaurant, sit-down.
xviii.
School, public or private.
xix.
Single-family attached dwelling (townhouse).
xx.
Retail establishment.
xxi.
Theater.
xxii.
Veterinarian office or animal hospital.
2.
No drive-through uses shall be permitted.
3.
No outdoor storage or display shall be permitted.
C.
Area and bulk regulations. Uses permitted within the Overlay District shall follow respective base zoning district regulations, with the following exceptions:
1.
Lot area: a minimum of 10,000 square feet.
2.
Maximum lot coverage: 40% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 70% of a lot.
3.
Front yard setback: a minimum of 20 feet.
4.
Side yard setback: a minimum of five feet.
5.
Rear yard setback: a minimum of five feet.
D.
Incentives. If a master planned development or mixed-use building applying under the Eastern Gateway Overlay option meets all of the standards of this article, the following development incentives may be permitted:
1.
Lot area. The minimum lot area or minimum average lot area per dwelling unit (as applicable) that would otherwise be required may be decreased by 15%. Lot area used for nonresidential principal uses and their accessory uses shall not be used as the basis for calculating density of residential uses.
2.
Infrastructure density bonus. In addition to the decreased minimum lot area or minimum average lot per dwelling unit set forth in Subsection D(1) above, the Board of Supervisors may allow, at the sole discretion of the Board of Supervisors after recommendation by the Planning Commission, an increase in the total number of dwelling units permitted by Subsection D(1), up to, but not exceeding, 25%, upon finding that the development provides the Township with significant infrastructure improvements that would not otherwise be required for the proposed development. These infrastructure improvements shall address regional or off-site traffic concerns, regional stormwater controls or other infrastructure improvements of a substantial nature, as may be identified through the Township Comprehensive Plan, regional transportation plan, Township Capital Improvements Plan or other infrastructure improvement needs that would not otherwise be required by this ordinance. The density bonus calculation identified in this section shall apply to the overall tract of land prior to any subdivision thereof.
a.
As part of the approval for infrastructure density bonus, the Board of Supervisors may waive any restrictions on the number of dwelling units permitted within a single acre. In no case shall the density for the development exceed the following densities:
b.
Eligible contributions to infrastructure improvement may take the form of either the actual construction of the identified improvements or a payment to the Township in the amount of the determined improvement value. As part of the approval, or if in affiliation with an outside government agency approval process, the Board of Supervisors shall determine the required form of the improvements.
c.
Infrastructure improvements provided in exchange for bonus density are in addition to any on-site or off-site transportation or infrastructure improvements required under the zoning ordinance or Subdivision and Land Development Ordinance. Any bonus dwelling units shall be included in the calculation of recreation fees or any other improvement requirements which are calculated on a per-unit basis.
3.
Lot width. The minimum lot width that would otherwise be required under the applicable area and bulk regulations may be decreased by:
4.
Street widths. All newly built local streets that would be abutted on both sides by a development approved under this article shall have a minimum street right-of-way width of 36 feet and a minimum cartway width of 24 feet with additional width for any on-street parking spaces present.
5.
Lot coverage. The maximum building coverage and the maximum impervious coverage may each be 10% points higher than what would otherwise be required.
6.
Setbacks.
a.
The minimum side and rear principal building setbacks that would otherwise be required may be decreased by 15%, except all setback requirements in the applicable district regulations shall still apply abutting the exterior lot lines of the master planned development or mixed-use building.
b.
Permitted accessory structures may be set back from any exterior lot lines of a tract a minimum distance of 10 feet.
E.
Parking standards and interconnection.
1.
An applicant for a master planned development or mixed-use building shall, as much as physically feasible, design an internal grid-like street and driveway pattern that reduces ingress and egress points to the development from William Penn Highway and promotes internal circulation of traffic. Cul-de-sac streets shall not be permitted.
2.
As a condition by the Board of Supervisors, after a recommendation by the Planning Commission, an applicant may provide a maximum of 20% of the required off-street parking using on-street spaces parallel to the curb along an internal or approved local street, provided that the applicant proves to the satisfaction of the Board of Supervisors that such parking would be sufficient and safe and that the cartway would be sufficiently wide to allow for such parking.
3.
No dwelling unit shall have an individual driveway from a public street onto the required front yard of the lot. Dwellings are strongly encouraged to only have garage access from private alley(s) in the rear or from a shared parking garage. Any such alleys shall have a minimum cartway width of 12 feet and shall be paved to Township standards that would apply to a local public street, unless the Board of Supervisors permit a modification under the Subdivision and Land Development Ordinance.
F.
Curbs, sidewalks, and pathways.
1.
A master planned development or mixed-use building applying under the Eastern Gateway Overlay option shall have curbs and sidewalks abutting all streets, except that under § 165-69 of the Subdivision and Land Development Ordinance,[1] the Board of Supervisors may approve an alternate pathway system in place of part or all of the sidewalk system.
2.
See § 165-69B(1) of the Subdivision and Land Development Ordinance,[2] which provides the Township with the authority to require bicycle or pedestrian pathways, including the Palmer Township trail network.
G.
Building standards and orientation.
1.
Blank walls shall not be permitted to face a public street. The street level facade of any building facing a public street or access drive shall be at least 15% transparent.
2.
Exterior wall materials that are not permitted include: large split face blocks, tilt-up concrete panels, prefabricated metal panels, and standard concrete masonry units.
H.
Illumination & signage. Signage shall comply with appliable base zoning standards.
1.
Lighting fixtures shall have hoods or shields to manage the light spill over the outermost lot-line of the development.
2.
No lighted sign shall be excessively illuminated beyond which is necessary for the sign to be readable.
3.
Externally illuminated signs shall be illuminated by a white, steady, stationary light. External light shall be directed at the sign without light spillover and without causing glare for motorists, pedestrians or neighboring properties. Signs may be backlighted with a diffused or shielded light source if deemed necessary by the Township to control glare. Backlighting shall illuminate the letters, characters or graphics on the sign, but not its background, in order to shine only on the face of the sign and not spill over into the property.
I.
Open space. A master planned development or mixed-use building applying under the Eastern Gateway Overlay option shall have a centrally located common open space of a minimum 20,000 square feet. If such development has more than 100 dwelling units, then such open space shall include a minimum total of one acre.
1.
Such open space shall be well-landscaped following a plan approved by the Township that shall include the planting of primarily deciduous trees.
2.
Such open space shall include concrete, brick and/or decorative paving pattern paths and sturdy weather-resistant wood or wrought iron benches (or materials that in the determination of the Zoning Officer closely resemble such materials).
3.
The ownership and maintenance of all common open space shall be responsibility of the lot owner.
4.
Such open space required under this section shall not include slopes of greater than 15%.
J.
Landscaping, screening, and buffer yard requirements. (Also see § 190-804, Special lot and yard requirements, sight distance and buffer yards, and § 190-805, Landscaping.)
1.
Trash dumpsters. Dumpsters and storage bins shall be screened (to 90% opaqueness) on three sides by evergreen planting, fencing, and/or walls. Screening shall block view of dumpster from streets and dwellings.
2.
Rear yard buffer. All buffer yard vegetation must be detailed on site plans.
a.
Rear yard buffer strips shall be provided for all nonresidential and multifamily residential uses, including master planned developments and mixed-use buildings.
b.
Rear yard buffers shall include a minimum twenty-foot-wide landscaping strip to act as a visual screen. The buffer shall be provided by the developer or property owner for all new land developments, replacement of the same use and or changes of uses, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded by 10% of the square footage or more.
c.
Per every 40 lineal feet of perimeter, the landscaping strip shall contain a combination of one deciduous tree having a caliper of not less than three inches and a height of 10 feet at the time of planting and two evergreen trees having a height of not less than six feet at time of planting, plus five shrubs, per 40 lineal feet of perimeter. The deciduous trees, evergreen trees, and shrubs shall be chosen from the list of plant types for Palmer Township provided in the Subdivision and Land Development Ordinance,[4] § 165-73, Street trees, tree preservation and historic buildings. Trees and shrubs shall be creatively planted within the ten-foot landscaping strip to include staggered placement and/or clustering.
d.
In addition to the required landscaped buffer, rear yards shall include a permanent continuous fence with a minimum height of six feet and a maximum height of eight feet, maintained in good repair, and with a parallel row of trees or shrubs, unless the rear yard fronts onto an alleyway. At least 80% of the total surface shall be opaque. For purpose of the buffer yard, chain-link-type fences are not permitted.
e.
All building mechanical systems such as air-conditioning units, exhaust systems, satellite dishes, elevator housing, and dumpsters shall be integrated into the overall design and character of the building. Landscaping and other screening devices, including decorative fencing, shall be used to soften the view of these features from adjoining properties.
f.
The rear buffer shall be installed and permanently maintained by the applicant or his/her successor. Plants that are needed to form the visual screen, which die or are removed, shall be replaced by the landowner within five months of notification by the Township.
3.
Parking areas.
a.
Where paved vehicular areas occur in a side yard that abuts a residential district or use, such paved areas shall have a permanent staggered/offset row of bushes, four feet high at the time of planting, with sufficient density to block car lights from shining into the adjoining property. Upon written approval from the adjoining (i.e., affected) property owner, a four-foot fence with 90% opaqueness may be substituted for the row of bushes, provided that it is not a chain-link-style fence.
b.
The side yard buffer shall be provided by the developer or property owner for all new land developments, changes of uses and/or replacement with same use, and for buildings reconstructed or rehabilitated over 25% of the assessed tax value or for buildings expanded by 10% of the square footage or more.
K.
Streetscape performance regulations.
1.
Sidewalks.
a.
Sidewalks shall be provided along all building frontages. For master planned developments, sidewalks shall additionally be provided along all building fronts and on adjacent streets. Sidewalks shall be provided by the developer or property owner for all new land developments, replacement of the same use and/or changes of uses, and for buildings reconstructed or rehabilitated, or for buildings expanded 10% of their respective square footage or more.
b.
Sidewalks shall be constructed in accordance with Township specifications (see Palmer Township Standard Construction Details and other applicable design standards) and installed to connect to the lot line of adjacent parcels.
2.
Street trees.
b.
The placement of such trees in relation to the curb and sidewalk shall be subject to approval of the Board of Supervisors under the SALDO.
c.
The minimum trunk width shall be three inches instead of two inches required in the SALDO.
d.
Such trees shall be planted a minimum average of 40 feet apart per side of a street instead of the 50 feet required in the SALDO.
3.
Lighting. Any streetlight poles provided by a developer and any private lighting poles within a traditional village under this article shall have a maximum height of 20 feet. Decorative styles of streetlight poles are strongly encouraged.
§ 190-417 Specific regulations for the RBO Riparian Buffer Overlay District.
A.
Purpose, intent, and community development objectives. The purposes of these provisions are as follows:
1.
To conserve the water, land, and wetland resources along a portion of the stream corridor of Schoeneck Creek, Bushkill Creek and Lehigh River, as recommended by the Palmer Township Comprehensive Plan.
2.
To conserve, protect, and restore these resources through scientifically supported processes.
3.
To allow the Township to utilize its natural resources as scenic and recreational amenities for the benefit of its residents by encouraging connections between open spaces and enhancing their ecological value.
4.
To maintain and improve surface water quality by reducing the entry of detrimental substances, including nutrients, sediments, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and surface and subsurface water bodies.
5.
To enhance in-stream processing of nutrients and pollutants and to reduce the downstream movement of nutrients and pollutants toward the Bushkill Creek and the Delaware River.
6.
To integrate with floodplain, steep slope, and other environmental provisions in this ordinance and other sections of the Township Code to attenuate flooding, reduce soil loss, and minimize hazards to life, property, and important riparian features.
7.
To reduce adverse aquatic health impacts due to changes in the temperature of receiving waters as a result of stormwater runoff, loss of vegetative shading, and direct discharges to Schoeneck Creek, Bushkill Creek and Lehigh River.
8.
To improve and maintain the safety, reliability, and adequacy of the Township's water resources for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic plants and animals.
9.
To optimize the land use, siting, and engineering of development to be consistent with the intent and objectives of this section and with accepted conservation practices and to assure that the impacts of such development remain within the carrying capacity of existing natural resources.
10.
To reduce the entry of detrimental substances by restricting development and uses in riparian areas that intercept surface water runoff, wastewater, subsurface flow, and deep groundwater flows from upland sources and where the processes of filtration, deposition, absorption, adsorption, plant uptake, sediment and phosphorus attenuation, denitrification, and infiltration may occur; encouraging sheet flow and minimizing, mitigating and preventing concentrated flows of stormwater runoff across riparian areas; and securing increased channel and bank stabilization that avoids stream bank erosion and associated water quality, quantity and flow harms.
11.
To assist in the implementation of pertinent state laws concerning erosion and sedimentation control practices of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.),[1] Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection (PA DEP) and the Northampton County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
Applicability and extent.
1.
The Riparian Buffer Overlay District consists of the regulatory floodway and 100-year floodplain as regulated by the Commonwealth of Pennsylvania and applicable federal regulations. Uses or activities occurring within the Riparian Buffer Overlay District shall also comply with all applicable requirements as defined by § 190-506, Floodplain management.
2.
The provisions of this section shall apply when the following Township submissions, reviews, and approvals are required, or when a violation of this section requires an enforcement action:
3.
The provisions of this section shall not apply to the footprints of existing primary and accessory buildings, existing driveways, crop farming, lawns and gardens, sidewalks, bikeways, any use meeting the definition of "essential services," or any utility structures that by their nature cannot be located anywhere except within the Riparian Buffer Overlay District.
4.
In interpreting the language of the Riparian Buffer Overlay District and the extent of underlying zoning district regulation upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to municipal interpretation of the applicability of the Riparian Buffer Overlay District shall be appealed in accordance with the requirements of Article I, General Provisions and Administration, of this chapter, and of Article IX, Zoning Hearing Board and Other Administrative Proceedings, of the Municipalities Planning Code (MPC), Act 247,[2] as amended.
[2]
Editor's Note: See 53 P.S. §§ 10901 to 10918.
5.
The applicant shall delineate, for the property as a whole, the extent of the Riparian Buffer Overlay District on any plan that is submitted for any review or approval.
6.
In cases in which riparian buffer requirements, as prescribe by 25 Pa. Code § 102.14, regulate to a greater extent than the provisions of this section, then such state provisions shall supersede the provisions of this section.
C.
Use regulations.
1.
Only the following uses by right shall be permitted on lots in the Riparian Buffer Overlay District, provided that no structures associated with those uses shall be permitted within 75 feet of the edge of any applicable stream bank, or within areas designated on the FEMA map floodplain, whichever is more restrictive.
2.
Any use or activity permitted in the base zoning districts may not regrade, fill, or otherwise alter or subject to land disturbance more than 20% of the lot's portion of the Riparian Buffer Overlay District lying beyond 75 feet of the edge of any applicable stream bank, or within areas designated on the FEMA map floodplain, whichever is more restrictive.
3.
The following activities or practices are expressly prohibited in the Riparian Buffer Overlay District:
a.
Clear-cutting of timber or high grading of forests.
b.
Removal or disturbance of vegetation in a manner that is inconsistent with the regulations of this chapter.
c.
Planting invasive plant species.
d.
Use of fertilizers, pesticides, herbicides, and/or other chemicals, except for selective herbicide application by a qualified professional to control noxious weeds and invasive species of plants in riparian buffers. For the purpose of this provision, a qualified professional shall be licensed by the PA Department of Agriculture as a Commercial/Public Pesticide Applicator and shall be certified in the applicator category of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42, as amended.
e.
Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).
f.
Motor or wheeled vehicle traffic in any area not associated with a designated stream crossing, recreation trail or municipal utility access affixed by their function.
g.
The disturbance of any land or water not associated with the uses listed in Subsection C(3) above.
D.
Buffer restoration and planting requirements.
1.
All riparian buffer areas shall be continually maintained with a diverse mix of locally adapted native species of canopy trees, understory trees, shrubs, and herbaceous plants so as to constitute a forested riparian buffer where not otherwise occupied by any existing use except in accordance above.
2.
The applicant shall restore the impacted riparian buffer area from 100 feet of the centerline of any applicable stream, to a forested riparian buffer, as a condition of any approval listed in above.
3.
Restoration of impacted riparian buffer areas shall occur as follows:
a.
Restoration planting shall be planted at a density sufficient to provide a minimum of 200 trees per acre at canopy closure. The following tree planting and spacing standards shall apply at installation:
i.
Seedlings: ten-foot spacing (approximately 435 seedlings per acre) protected by five-foot tree shelters.
ii.
Bare root trees or container trees (at least six feet in height for either): twelve-foot spacing (approximately 300 trees per acre). Tree shelters, wraps, or other proven methods shall be required to prevent damage from antler rubbing and herbivore browsing.
4.
To reduce competition from grasses and invasives, vegetation around tree shelters shall be effectively controlled annually for a minimum of four years. Mechanical removal of vegetation is recommended, however, if spraying is necessary, it shall be completed by a qualified professional licensed by the PA Department of Agriculture as a Commercial/Public Pesticide Applicator and shall be certified in the applicator category of "Right-of-way and weeds" per state regulations, 7 Pa. Code § 128.42, as amended. Tree shelters shall be maintained at all times and removed when the tree reaches 1.5-inch to two-inch caliper.
a.
Landowners who are enrolled in and fully in compliance with the Conservation Reserve Enhancement Program (CREP) administered through the USDA Northampton County Farm Service Agency are permitted to utilize their streamside buffer restoration to satisfy the forested riparian buffer restoration requirements of this section for as long as they are enrolled in and fully in compliance with that voluntary program.
b.
Additional planting guidance may be obtained from PA DEP's Bureau of Watershed Management Document Number 394-5600-001, entitled "Riparian Forest Buffer Guidance, November 27, 2010."
5.
Applicants shall submit, and as a condition of approval for any application listed in Subsection C(1), a planting and maintenance plan for impacted riparian buffer areas. The plan shall be prepared by a registered landscape architect or professional plant ecologist. The plan shall identify the number, density and species of locally adapted native trees appropriate to the site conditions that will achieve a minimum of 60% uniform canopy coverage within 10 years. The plan shall describe the maintenance program to be conducted by the buffer owner for a minimum of five years, including measures to remove, and subsequently control, invasive plant species, limit deer and rodent damage, and replace deceased trees for the first four years. Applicants with riparian buffer areas associated with a pending Township application, and which are also enrolled in CREP, shall submit a plan showing the existing or proposed streamside buffer planting that has been approved by the USDA Northampton County Farm Service Agency.
6.
Any riparian buffer that is included within a lot created after the effective date of this ordinance shall include as a condition of approval of the subdivision creating the lot, a restrictive covenant approved by the Township solicitor, and recorded with the final subdivision or land development plan and the deed for the lot. The restrictive covenant shall define the riparian buffer area, shall include binding provisions for the adequate long-term functioning and integrity of the riparian buffer, and shall include a requirement for notification of all subsequent lot owners of its restrictive nature.
E.
Modifications to riparian buffer standards.
1.
For any use by right, conditional use, or use by special exception subject to subdivision or land development review, as part of applicable Plan submission, modification(s) may be requested to the provisions of this article. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of the Palmer Township Subdivision and Land Development Ordinance.[3]
2.
For any use or activity not subject to subdivision or land development review, but subject to application for approval of a conditional use, special exception, or zoning variance under the provisions of this ordinance, the applicant may request modification(s) to the provisions above.
3.
Applicants shall provide appropriate documentation in support of their modification request, the Board of Supervisors may request additional documentation of an applicant to help reach its decision.
4.
In consideration of approval of any applicant request for modification(s), the following standards shall serve as the basis for a decision:
a.
That there are unique physical circumstances or conditions, including, but not limited to, irregularity, narrowness, or shallowness of lot size or shape, excessive frontage along a water body, presence of existing buildings or structures, or exceptional topographical or other physical conditions peculiar to the particular property; and that because of such physical circumstances or conditions, it is impracticable for the property to be developed in strict conformity with the buffer requirements of this article and that the approval of the modification is therefore necessary to enable the use of the property under base zoning provisions.
5.
No alteration of the use regulations set forth in Subsection C shall be authorized as modification pursuant to this Subsection E. Any such requested alteration shall constitute an application for a use variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.
§ 190-418 Specific regulations for the PRO Parks, Recreation, and Open Space Overlay District.
A.
Purpose. The purpose of the Parks, Recreation, and Open Space Overlay District is to preserve certain recreational, natural, and scenic areas of the Township for the benefits they provide to residents, visitors, and wildlife, as well as to maintain areas historically used as passive recreation for the community, such as cemeteries.
B.
Applicability and extent. The Parks, Recreation, and Open Space Overlay District consists of all public park space owned and/or managed by the Township, or other open space or areas as determined to be preserved as such space by the Board of Supervisors.
C.
Use regulations.
1.
Only the following uses by right shall be permitted on lots in the Parks and Recreation Overlay District[1]:
i.
Campground, limited to tent sites.
ii.
Cemetery.
iii.
Cemetery, animal.
iv.
Community garden.
v.
Crop farming.
vi.
Golf course.
vii.
Nature reserve.
viii.
Plant nursery.
ix.
Public park/recreation.
[1]
Editor's Note: The Parks, Recreation and Open Space Overlay District.
2.
The following activities or practices are expressly prohibited in the Parks, Recreation, and Open Space Overlay District:
a.
Clear-cutting of timber or high grading of forests.
b.
Removal or disturbance of vegetation in a manner that is inconsistent with the regulations of this chapter.
c.
Planting invasive plant species.
d.
Storage or discharge of any hazardous or noxious materials, except those used during emergencies for the treatment and/or maintenance of any public sewer and public water treatment facilities (i.e., generator sets or alternative drive units).
e.
Motor or wheeled vehicle traffic in any area not associated with a designated stream crossing, recreation trail or municipal utility access affixed by their function.
3.
Should the owner of a property within the Parks, Recreation, and Open Space Overlay District desire to convert the present use to one other than what is listed, approval must be granted by the Board of Supervisors prior to the submission of any applications for development or permits.
§ 190-419 Specific regulations for the AHO Airport Hazard Overlay District.
A.
Purpose. The purpose of the Airport Hazard Overlay is to designate an area that considers safety issues around Braden Airpark and to address requirements of the Pennsylvania State Aviation Code and Federal Aviation Regulation No. 77 limiting building and structural height in "airport hazard areas." These height restrictions are designed to prevent any encroaching that would interfere with or obstruct normal airplane approaches or airport operations. Such interference or obstruction would pose a threat to the health, safety, welfare, and convenience to residents of Palmer Township as well as passengers aboard aircraft. The Airport Hazard Overlay is used to impose needed height restrictions as a zoning overlay, thereby enhancing public safety.
B.
Extent of the Airport Hazard Overlay. The land and airspace covered by the Airport Hazard Overlay are described in Subsection D(1) and shall directly correspond to such primary, approach, transitional, horizontal, and conical zones bound by the green lines depicted on the Part 77 Surface Overlay map for Braden Airpark as attached to this ordinance and also available from the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation. If any doubt exists as to the extent of the Airport Hazard Overlay over a particular lot or portion of a lot, the provisions of the Airport Hazard Overlay shall apply.
C.
Relation to other activities and zoning districts. The Airport Hazard Overlay is an overlay district that only regulates the height of buildings and structures. The underlying zoning district shall prescribe all other zoning-related standards and uses imposed upon any lands within the Township. In those instances where the Airport Hazard Overlay prescribes a maximum height limitation more restrictive than that specified elsewhere in this ordinance, the more restrictive standard shall apply. The Airport Hazard Overlay shall not modify the boundaries of any underlying zoning district.
D.
Use regulations.
1.
The maximum permitted height of a proposed building, structure, object, or alteration of land shall be equivalent to the vertical height from the ground surface to the slope of the relevant approach zone as calculated below, or the maximum permitted height in the underlying zoning district, whichever is lower.
a.
Visual Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
b.
Nonprecision Instrument Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
c.
Visual Larger-Than-Utility Runway Approach Zone - slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
d.
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility Minimum Greater than 3/4 Mile Approach Zone - slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
e.
Nonprecision Instrument Larger-Than-Utility Runway with a Visibility Minimum As Low As 3/4 Mile Approach Zone - slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
f.
Precision Instrument Runway Approach Zone - slopes 50 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each one foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
g.
Heliport Approach Zone - slopes eight feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline.
h.
Transitional Zones - slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation (396.8 feet above mean sea level, in the case of Braden Airpark). In addition to the foregoing, there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.
i.
Heliport Transitional Zones - slope two feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at 90° angles to the primary surface centerline and heliport approach zone centerline.
j.
Horizontal Zone - established at 150 feet above the airport elevation (396.8 feet above mean sea level, in the case of Braden Airpark).
k.
Conical Zone - slopes 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation (396.8 feet above mean sea level, in the case of Braden Airpark) and extending to a height of 350 feet above the airport elevation.
2.
Notwithstanding any other provisions of this ordinance, no use shall be made of land or water in such a manner as to create electrical interference with navigational signals or radio communications between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff, or maneuvering of aircraft.
E.
Zoning permit requirements.
1.
A zoning permit shall be required for the proposed erection, extension, or alteration of any structure or portion thereof or any object (natural or man-made), within the Airport Hazard Overlay District.
2.
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for the zoning permit to determine if all other necessary government permits required by state and federal laws have been obtained.
3.
Prior to applying for a zoning permit and at least 30 days prior to commencing the permit action, the applicant shall notify the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation, by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal. The Bureau of Aviation's response must be included with the zoning permit application for it to be considered complete.
F.
Variances.
2.
All requests for a variance shall include documentation in compliance with Federal Regulation Title 14 Part 77 Subpart B (FAA Form 7460-1, as amended or replaced).
3.
Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation, as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In particular, the Zoning Hearing Board shall consider which of the following determination categories the FAA has placed the proposed erection, extension, or alteration in:
a.
No objection. The subject construction/alteration is determined not (to) exceed obstruction standards and marking/lighting is not required to mitigate potential hazard;
b.
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated; or
c.
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable.
4.
Any variance or zoning permit granted pursuant to the provisions of this subsection may be conditioned, according to the process described herein, to require the owner of the building, structure, or natural growth in question or the person requesting the variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both air and ground safety.
§ 190-420 Specific regulations for the HPO Historic Preservation Overlay District.
A.
Purpose. The purpose of the Historic Preservation Overlay is to preserve buildings in the Township having historical, architectural and or cultural importance. These regulations are designed to establish criteria for the identification of buildings of historical, cultural and or architectural value and to prevent the demolition of such buildings upon the application of procedures and standards which are intended to assess the impact that the demolition of such structures would have upon the historic, cultural and or architectural values within the Township.
B.
Establishment of overlay district.
1.
A separate zoning overlay district entitled the "Historic Preservation Overlay District" is hereby created and shall overlie all zoning districts, but shall apply only to those lots containing a building or contributing building identified in the inventory. The Overlay District shall be recorded on the Township Zoning Map.
2.
All of the zoning, subdivision and land development and Uniform Construction Code regulations pertaining to the underlying zoning districts throughout the Township shall remain in full force and effect, except that the demolition of buildings in the Overlay District shall only occur in compliance with this chapter.
C.
Criteria and procedures for identifying buildings for inclusion in the Palmer Township Historic Building Inventory.
1.
Any building satisfying at least one of the following criteria may be included on the inventory:
a.
Any building designated by the Secretary of the Interior as a National Historic Landmark.
b.
Any building listed in the National Register of Historic Places.
c.
All buildings classified as "Certified Historic Structures" by the Secretary of the Interior.
d.
A building that is a contributing building that is listed on or eligible for the National Register of Historic Places.
e.
Any building that is at least 75 years old and:
i.
Is associated in some significant way with the historic, cultural or architectural development of the Township, county, region, state or nation;
ii.
Is associated in some significant way with an event or person of importance to the history or culture or architecture of the Township, county, region, state or nation;
iii.
Contains a feature or features associated with an era characterized by a distinctive architectural style;
iv.
Contains a feature or features associated with a distinctive architectural style or building type or engineering specimen;
v.
Is the work of a designer, architect or engineer whose work significantly influenced the historical, economic, architectural or cultural development of the Township, county, region, state or nation;
vi.
Contains elements of design detail, materials or craftsmanship representing a significant innovation; or
vii.
Owing to its unique location or some singular physical characteristic, represents an established and familiar landmark identifying a neighborhood or business district.
2.
The Planning Commission shall apply the criteria set forth above to assess the buildings in the Township for inclusion in the inventory. In its deliberations, the Planning Commission shall consider that any decision to include or exclude a building in or from the inventory implicates both important private property rights and the public policy of the Township that the historic, cultural and architectural heritage of the Township is to be preserved.
3.
At the conclusion of its deliberations, the Planning Commission shall prepare and present a report identifying those buildings proposed to be included in the inventory, along with a summary of findings pertaining to the various buildings proposed for the inventory.
4.
The Planning Commission shall report to the Board of Supervisors their recommendations regarding the proposed Inventory. The deliberations of the Planning Commission shall be guided by all of the criteria set forth above.
5.
Upon receipt of the report of the Planning Commission regarding the buildings proposed for inclusion in the inventory, Township Board of Supervisors may, by resolution, determine which buildings to include in the inventory, approving none or some or all of the recommendations of the Planning Commission, upon deliberations utilizing the criteria set forth above. Thereafter, the inventory resolved by the Board of Supervisors shall be the Palmer Township Historic Building Inventory.
6.
At the time that Board of Supervisors promulgates the Historic Building Inventory, the Township shall also prepare and publish an updated Historic District Overlay Map, reflecting the geographic location of the buildings included in the inventory to be incorporated into this chapter.
7.
From time to time, on its own initiative or at the direction of Board of Supervisors, the Planning Commission may review the inventory, and utilizing the same deliberative process and criteria prescribed above and present a report to the Board of with recommendations. Again, the Board of Supervisors may amend the inventory by striking buildings from the inventory or by adding buildings to the Inventory, by resolution, upon deliberations utilizing the criteria set forth above.
D.
Demolition. No building included in the Palmer Township Historic Building Inventory shall be demolished except in accordance with the provisions set forth hereafter:
1.
An application to demolish a building on the inventory shall be deemed to be a conditional use application subject to all of the provisions of Article IX of this ordinance. Wherever § 190-902 of this ordinance refers to a proposed "use" or "development" or to any proposed objective of an applicant, for the purposes of this section, the word "demolition" shall be substituted therefor.
a.
Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, and to all persons who own property adjoining or across a public street from the property. In addition, Board of Supervisors may direct that a copy of the public notice be given to other Township residents or organizations who or which have requested a copy of the notice, and to the Planning Commission.
2.
In addition to the general conditions for conditional uses identified in § 190-902 of this ordinance, the following specific conditions and considerations shall apply to all applications to demolish a building contained in the inventory:
a.
Inclusion of a building in the inventory shall be conclusive proof that the building satisfied the criteria established above at the time the building was included in the inventory.
b.
In the absence of clear and convincing evidence of a pertinent significant change in circumstances relating to a building or its immediate environs having occurred since the time a building was included in the inventory, the Board of Supervisors shall not reconsider whether or not the building is properly included in the inventory.
c.
Before granting any permit to demolish a building in the inventory, the Board of Supervisors may consider the feasibility of permitting an applicant to establish additional or different uses in a historic structure, even where such uses may not be consistent with current zoning restrictions, to encourage an owner to retain rather than demolish a structure. While such uses may not be consistent with underlying zoning regulations, additional or different uses should be compatible with existing zoning regulations. The Board of Supervisors may permit such additional or different uses as a conditional use.
3.
Where the Board of Supervisors does decide to permit demolition of a building, the Board may determine that such demolition is only appropriate upon the imposition of conditions, without which conditions the demolition must not occur. Such conditions include but are not limited to:
a.
Imposition of a ninety-day waiting period prior to demolition to permit the applicant to review alternatives to demolition.
b.
The applicant may be required to adequately record and document the historical and architectural features of the building, including but not limited to, photographs, floor plans, video recording, a site plan, a historic narrative or a written architectural description of the building. The Board may also require that the recording and documentation of the building be accomplished by a qualified historic preservation consultant. The applicant may be required to provide a sufficient number of copies of any of the materials required to be prepared in this subsection to the Township. The Board may also require, in appropriate circumstances, an applicant to employ the services of a professional historic preservation consultant to perform a Historic American Building Survey (HABS) to document the historic building to be demolished.
c.
The applicant may be required to remove distinctive exterior architectural or historical features from the building and to donate them to the Township for use within the Township.
d.
The applicant may be required to design any new building replacing the demolished building in a fashion designed to preserve the historic, architectural and or cultural values existing in the neighborhood. The applicant may also be required to follow other architectural standards as required by the Board of Supervisors.
e.
The Board may require an applicant to install appropriate landscaping features on properties following demolition of a building where the applicant has no immediate plan to construct a new building (such as properties proposed to be used as vacant lots, parking lots, open space or parks). The Board may require landscaping features that are consistent with the historic, cultural and or architectural values in the surrounding area.
The Board may impose any other reasonable conditions and safeguards to promote the objectives of this section. |
E.
Enforcement. No building contained on the inventory shall be demolished in the absence of approval of the Board of Supervisors in accordance with the provisions of this section. Any violation of this section shall be subject to the penalties provided in this chapter and, in addition, shall permit the Township to apply for injunctive relief to enjoin the violation or further violation of this section or to restore the condition of a building improperly demolished.
§ 190-421 Specific regulations for the GIO Government/Institutional Overlay District.
A.
Purpose. The purpose of the Government/Institutional Overlay is to provide for the needs of regionally oriented institutional uses; to preserve the open character of large areas of the Township which are now dominated by or suited to institutional and quasi-public uses; and to encourage a harmonious pattern of institutional development which can mutually benefit the Township and the institutions themselves.
B.
Use regulations.
1.
Only the following uses shall be permitted by right on lots in the Government/Institutional Overlay:
C.
Area and bulk regulations. Uses permitted within the Overlay District shall follow respective base zoning district regulations, with the following exceptions:
1.
Lot area: a minimum of five acres.
2.
Maximum lot coverage: 30% maximum for all principal and accessory buildings. The total impervious coverage shall not be greater than 50% of a lot.
3.
Front yard setback: a minimum of 100 feet.
4.
Side yard setback: a minimum of 75 feet.
5.
Rear yard setback: a minimum of 75 feet.
6.
Height: a maximum of 60 feet.
D.
Building location and spacing.
1.
The greatest dimension in length or depth of a building shall not exceed 400 feet, but no more than three buildings may be attached to each other. Furthermore, a building shall include design elements so as to create an architecturally pleasing view of the building, notwithstanding the length and depth of same.
2.
The distance at the closest point between any two buildings or groups of attached buildings, including accessory buildings, shall not be less than 30 feet but shall be at least as great as the average height of the two adjacent buildings.
3.
In no case shall the width of a building or the aggregate widths of buildings fronting on a street on the same lot exceed 80% of the width of the lot.
4.
These regulations on building location and spacing shall apply to both accessory and principal structures.
E.
Special development regulations.
1.
The tract of land on which each permitted use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility, maintenance and service facilities and services.
2.
The land surrounding any permitted use shall be landscaped, except for paved areas such as sidewalks, multi-use paths, bike lanes, accessways and play areas.
3.
Any accessory building or structure which is industrial or nonresidential in appearance, such as a boiler room or maintenance shop, shall be suitably screened or shall be located so as to be least observable from a public street or property line.
4.
No truck or maintenance vehicle and no materials or goods shall be stored out of doors where they can be seen from a public street or property line.