Upper Macungie Township
City Zoning Code
City Zoning Code
PART 8
GENERAL REGULATIONS
§ 27-801 Frontage Onto Improved Streets; Number of Uses or Buildings; Minimum Size of Dwellings.
[Ord. 9-94, 4/7/1994, § 801]
1.
Frontage Required Onto Improved Street.
A.
Every principal building shall be built upon a lot with permanent access upon a public street or a private street that is improved to meet Township standards including a street right-of-way, or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Township Subdivision and Land Development Ordinance (Chapter 22). In the case of townhouses or garden apartments, this requirement may be met by access onto a parking court which has access onto such street.
B.
See the Township Subdivision and Land Development Ordinance (Chapter 22) regarding required improvements to streets. (As of 1993, this included § 702 of such ordinance.)
C.
If a preexisting lawful lot only has access onto an existing private street that does not meet Township standards and the improvement of that street is reasonably beyond the control of the applicant, the lot may be used for a single permitted by right use, but no new lots shall be created that will not be able to meet this requirement.
2.
Multiple Uses in a Building. A commercial or industrial building may include more than one establishment of the same type of use (such as two retail sales uses), provided all other requirements of this Chapter are met. However, a building may only include a single type of use, except as is specifically permitted by this Chapter (such as a permitted flexible building or a permitted shopping center).
3.
Multiple Buildings on a Lot. An approved commercial, institutional, industrial or garden apartment lot may include more than one principal building. In such case, the minimum front, side and rear yard requirements shall be provided only at lot lines of the property. Individual buildings or portions of such buildings may be held in approved condominium ownership, but the lot shall be owned by a single legal entity.
4.
Minimum Size of Dwellings. Each dwelling unit shall include a minimum of 600 square feet of habitable, indoor, heated floor area.
§ 27-802 Height Exceptions; Airport Approaches.
[Ord. 9-94, 4/7/1994, § 802]
1.
Height Exceptions. The maximum structure height specified for each district shall not apply to farm silos and associated agricultural structures, communications towers, amateur radio antenna, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. For these exempted structures, the maximum height shall be 250 feet above the average surrounding ground level.
2.
Height and Airport Approaches. At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Zoning Officer to prove that the structure would comply with all applicable federal, state and Township requirements regarding airport approaches and warning lights.
§ 27-803 Special Lot and Yard Requirements, Sight Distance and Buffer Yards.
[Ord. 9-94, 4/7/1994, § 803]
1.
In General.
A.
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this Chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
B.
Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles.
D.
Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Through Lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of these streets.
C.
Corner Lots. A setback area equal to the minimum front yard setback shall be provided along all portions of a corner lot abutting any public street, except where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller setback of a different yard for a residential building will conform with the clearly prevailing yard pattern on numerous existing developed adjoining lots fronting on the same street.
E.
Projections into Required Yards.
(1)
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads or chimneys or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(2)
Steps, stoops and landings necessary to provide entrance to a building may be located within a required setback area.
(3)
Notwithstanding the above exceptions there shall be no encroachments into any drainage or utility easement.
[Added by Ord. 2010-6, 8/19/2010]
F.
Septic Systems. Nothing in this Chapter shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot area larger than what is stated in this Chapter to carry out state and Township sewage regulations.
G.
Previously Approved Setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this Chapter, and the lawful setbacks in effect at such time are shown on the approved plans, at the option of the developer, those approved setbacks may apply in place of any revised setbacks in this Chapter.
H.
Front Yard Setback Exception. In any residential district where more than 75% of the residential block frontage has been improved prior to the effective date of this Chapter with buildings having front yards of less depth than that required for the particular zoning district, then the required front yard setback may be decreased for such block to not less than the minimum of the majority of such buildings. Once established, this minimum building setback shall be regarded as the front setback for that block and maintained as such.
I.
Power Line Setbacks. For a principal residential building, primary or secondary school or day-care center, one of the required building setbacks (front, side or rear) shall be measured from the right-of-way or easement of any electric overhead transmission lines intended to have a capacity of 35 kilovolts or higher.
J.
Off-Road Vehicles. Motorized vehicles that are not licensed and fit for immediate use on public streets, other than vehicles clearly used primarily for agricultural purposes, shall not be operated within 100 feet of any lot line.
3.
Sight Distance at Intersections.
[Amended by Ord. 2010-6, 8/19/2010]
A.
Intent. An approach sight triangle shall be applied to each leg of an intersection to ensure that traffic passing through the intersection or turning onto a street can safely see approaching emergency vehicles. These regulations are contained in Geometric Design for Highways and Streets, latest edition. These sight triangles vary with the speed limit established for the roadway. Sight triangles shall be a minimum of 115 feet for 25 mph; 165 feet for 35 mph, 195 feet for 40 mph, 220 feet for 45 mph, 245 feet for 50 mph and 285 feet for 55 mph and above. The distance shall be measured from the center of the approach and conflict lanes. This approach distance does not apply to driveways. Safe sight distances for stop or other controlled conditions for roadways and driveways are regulated by the Subdivision and Land Development Ordinance,[2] which requirements are in addition to the requirements of this section.
[Amended by Ord. 2013-1, 3/7/2013]
B.
A triangular area as described in this Section shall be graded and shall be kept free of sight obstructions between a height of two, and eight feet, including structures, nontransparent fences, vegetation and signs (not including sign posts of less than one foot in width or the trunks of deciduous trees).
C.
This sight distance triangle shall be shown on development plans submitted to the Township and on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land.
4.
Buffer Yards. Buffer yards and screening complying with the following standards shall be required under the following situations:
A.
Buffer Yard Width, When Required. Buffer yards with evergreen screening shall be required in the following situations, with whichever is most restrictive applying.
Buffer Yard to be Provided by the Following: | When the Use Providing the Screening and Buffer Is: | Width of Required Buffer Yard (feet) | |
|---|---|---|---|
1. | Any newly developed or expanded nonresidential use, other than a manufacturing use and other than within an NC District | Visible from and abutting a residential lot line or within 300 feet of an existing dwelling or an existing principal building of a primary or secondary school | 50, if such uses/districts are also separated by a street; 75, if such uses/districts are not also separated by a street |
2. | Any newly developed or expanded nonresidential use, other than a manufacturing use within an NC District | Visible from and abutting a residential lot line or within 300 feet of an existing dwelling or an existing principal building of a primary or secondary school | 15, if such uses/districts are also separated by a street; 20, if such uses/districts are not also separated by a street |
3. | Any newly developed or expanded industrial outdoor storage area, loading area or area routinely used for the parking of four or more tractor-trailers | Visible from and abutting the existing right-of-way of an expressway, arterial or collector street | 15, unless such area would be completely screened from view of such streets by buildings |
4. | Any newly developed or expanded industrial outdoor storage area, loading area, area routinely used for the parking of four or more tractor-trailers or refrigerated trucks, or a manufacturing use | Visible from and abutting a residential lot line or within 300 feet of an existing dwelling or an existing principal building of a primary or secondary school | 50, if such uses/districts are also separated by a street; |
5. | A parking lot of more than 25 spaces | Visible from and within 100 feet of an existing dwelling or a primary or secondary school | 15, except 50 when abutting a primary or secondary school |
6. | Any use other than above | Required to provide a buffer yard under another section of this Chapter | 15, unless stated otherwise |
B.
Location of Buffer Yards.
(1)
The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.
(2)
Plants needed for the visual screen shall not be placed within a future street right-of-way. The required buffer yard width shall be in addition to the required future street right-of-way.
(3)
The buffer yard may include areas within a required front, side or rear yard, or a paved area setback area, provided the larger yard requirement shall apply in case of overlap.
(4)
A business use shall not be required to provide a buffer yard for an adjacent residential use or district if the uses/districts are separated by an expressway. However, outdoor storage or tractor-trailer parking adjacent to an expressway shall still provide any required buffer yard and screening.
C.
Characteristics of Buffer Yards.
(1)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. No new driveways or streets shall be permitted in the buffer yards except at points of approved crossings for ingress or egress.
(2)
Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season vegetative ground cover (such as grass) and shall be kept free of debris and rubbish and shall not include grass areas higher than eight inches.
(3)
Preservation of Existing Vegetation or Slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by Subsection 4A of this § 27-803 shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this Section.
(4)
Fence. Any fence in a buffer yard shall be placed on the inside of any required evergreen screening.
D.
Plant Screen.
(1)
Each buffer yard shall include a planting screen of trees or shrubs extending the full length of the lot line.
(2)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have a minimum height of four feet when planted.
(b)
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a solid year-round visual screen at least six feet in height.
(c)
The plant screen shall be permanently maintained by present and future landowners. Any plants needed to form the visual screen that die or are removed shall be replaced within 120 days.
(d)
The plant screen shall be placed so that at maturity the plants will be at least five feet from any cartway and will not grow over an exterior lot line.
(f)
Evergreen trees likely to grow substantially in diameter should be planted in two or more rows or offset, if needed, to allow space for future growth.
E.
Buffer Yard Plans.
(1)
Prior to the issuance of a permit under this Chapter, where a buffer yard would be required and on any required subdivision or land development plan, the applicant shall submit plans showing:
(2)
The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this Chapter.
F.
Species of Plants in Visual Screens. Trees and shrubs needed to form a required visual screen shall be of the following or closely related species, unless the applicant proves to satisfaction of the Planning Commission or Zoning Officer that a substitution would be appropriate. A required visual screen shall primarily include evergreen plants. Leafy deciduous plants may be selectively used, provided that their use does not result in significant visual openings during the winter. If more than 25 plants are needed to form a visual screen, then a maximum of 75% of such plants shall be of one species.
(1)
Buxus — all varieties of Boxwood.
(2)
Caragana arborescens — Siberian pea shrub.
(3)
Cephalanthus occidentalis — Button bush.
(4)
Chaenomeles japonica — Flowering quince.
(5)
Cornus — all varieties of Dogwood.
(6)
Cotoneaster divaricata — Spreading or Upright cotoneaster.
(7)
Crataegus crusgalli — Cockspur thorn.
(8)
Crataegua phanenopyum — Washington hawthorn.
(9)
Elaeagnus angustifolia — Russian olive.
(10)
Eucalyptus — all varieties of Eucalyptus.
(11)
Euonymus — all varieties of Euonymus.
(12)
Forsythia spectabilis — Showy forsythia.
(13)
Hamamelis — all varieties of Witch Hazel.
(14)
Hydrangea arbrescens — Hills of Snow hyrangea.
(15)
Ilex — all varieties of Holly.
(16)
Juniperus — all varieties of Junipers
(17)
Kolkwitzia amabilis — Beauty bush.
(18)
Laurus mobilis — Sweet-bay.
(19)
Ligustrum — all varieties of Privet.
(20)
Lonicera — all varieties of Honeysuckle.
(21)
Magnolia stellata — Star magnolia.
(22)
Picea — all varieties of Spruces.
(23)
Pinus — all varieties of Pines.
(24)
Photinia — all varieties of Photinia.
(25)
Pseudotsuga — all varieties of Firs.
(26)
Pyracantha lalandei — Laland firethorn.
(27)
Rhamnus davurica — Dahurian buckthorn.
(28)
Rhamnus frangula — Glossy or Alter buckthorn.
(29)
Spirea — all varieties of Spirea.
(30)
Syringa — all varieties of Lilac.
(31)
Taxus — all varieties of Yews (except avoid near livestock uses to prevent poisoning).
(32)
Thuja occidentalis — American arborvitae.
(33)
Thuja orientalis — Oriental arborvitae.
(34)
Tsuga — all varieties of Hemlocks.
(35)
Viburnum — all varieties of Viburnum.
G.
Earth Berms. If an earth berm is required under this Section, it shall meet the following requirements:
(1)
The berm shall have a minimum average height of five feet above the average finished ground level (disregarding drainage channels) on the school or residential side of the berm.
(2)
Evergreen screening required in a buffer yard by § 27-803 shall be placed on the top or on the school/residential side of the berm.
(3)
The berm shall be continuous along such boundary, except at approved driveway entrances and exits, and along segments where it is impossible to provide such berm while still providing adequate sight distance for traffic.
(4)
Any chain-link fencing shall be provided on the business side of the berm.
(5)
The berm shall have a maximum side slope of three horizontal to one vertical.
(6)
The entire berm shall be covered by a well-maintained and attractive all-season vegetative ground cover.
(7)
The berm may be located within a required buffer yard.
§ 27-804 Landscaping.
[Ord. 9-94, 4/7/1994, § 804]
1.
Ground Cover. Any part of a commercial, industrial, institutional or garden apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs.
§ 27-805 Establishment of Future/Ultimate Right-of-Way Widths for Streets.
[Ord. 9-94, 4/7/1994, § 805]
1.
Purpose. Minimum future/ultimate right-of-way widths are established for streets where the existing right-of-way is less than that indicated in this Section for the particular classification of street. These future rights-of-way are designed to reserve adequate rights-of-way for future circulation improvements, including street widenings, intersection realignments and widenings, shoulders, bikeways and sidewalks, and to provide rights-of-way for needed public sewer and waterlines and other utilities and drainage improvements.
2.
Dedication of Future/Ultimate Right-of-Way.
A.
Any lot proposed for a subdivision or land development shall include the reservation of the future right-of-way provided for under this Section. Such reservation shall be noted on the plan.
C.
If such right-of-way would be along a state road and PennDOT will not accept it, or if such right-of-way would be along a Township road, then the applicant shall offer to dedicate the right-of-way to the Township. The Township may then donate such right-of-way to PennDOT in the future.
D.
If the Township does not wish to accept right-of-way at the present time, the applicant is requested to provide a legal mechanism for the right-of-way to be dedicated by the present or future owner at such time as the Township or PennDOT may request dedication in writing.
3.
Measurement.
A.
The future right-of-way shall be measured with 1/2 on either side of the center line of the existing right-of-way. If the existing right-of-way is clearly significantly off center of the cartway, the center line of the cartway shall be used.
4.
Minimum Widths. The following future rights-of-way shall be reserved along each of the following existing streets:
Street Classification | Minimum Future Right-of-Way | |
|---|---|---|
Expressway | None additional | |
Arterial street-major | 80 feet | |
Arterial street-minor | 70 feet | |
Collector street | 60 feet | |
Local/marginal access/private streets | 50 feet | |
Intersection of two arterial streets | Land within a triangle formed by connecting lines stretching 80 feet along the center lines of the rights-of-way of the arterial streets in all directions from the intersection of the center lines of such rights-of-way, or as otherwise approved by the Board of Supervisors |
5.
Maintenance. The owner of the adjacent property shall be responsible for maintenance of portions of the right-of-way not used for vehicles.
6.
Right-of-Way Exceptions.
A.
As a conditional use, the Board of Supervisors may approve a reduction in the minimum future right-of-way where the applicant clearly proves to the satisfaction of the Board of Supervisors either of the following:
(1)
That the proposed use and/or subdivision is of such low intensity that it will not create measurable adverse impacts on the adjacent street system.
(2)
That it would be for practical purposes infeasible for the street to be substantially widened at any time in the future because of the existence of substantial existing buildings on the applicable side of such street within close proximity to such street and that the additional right-of-way is not needed for the extension of water and sewer lines.
B.
Right-of-way shall not be required to be dedicated in specific locations that are presently occupied by buildings that are proposed to remain.
§ 27-806 Nonconformities.
[Ord. 9-94, 4/7/1994, § 806]
1.
Proof and Registration of Nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
2.
Continuation. A lawful nonconforming use, structure or lot, as defined by this Chapter, may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this Section.
3.
Expansion of, Construction Upon or Change in Use of Nonconformities.
A.
Nonconforming Structure.
(1)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:
(a)
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required setback) or create any new nonconformity.
(b)
That any expanded area will comply with the applicable setbacks in that district and other requirements of this Chapter.
(2)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this Section regarding nonconforming uses.
(3)
A second floor may be added directly above an existing first floor of a nonconforming structure, provided other requirements of this Chapter are met.
B.
Nonconforming Lots.
(1)
New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if all of the following requirements are met. (Note: smaller lots shall require a variance.)
(a)
The lot area is at least 30% of the minimum lot area.
(b)
The lot width at the minimum building setback line is at least 30% of the minimum lot width.
(c)
The lot is a lot of record that lawfully existed and was in single and separate ownership (as defined in Part 2) prior to the adoption of this Chapter or an applicable subsequent amendment.
(d)
Minimum setbacks and other requirements of this Chapter are complied with for any new construction or expanded area.
(e)
If a new principal building will be served by an on-lot septic system, the lot shall comply with all state septic regulations, and shall provide an approved alternative drain field location.
(2)
The Zoning Hearing Board may grant a special exception to reduce the required setbacks by up to 50% concerning construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would be built if the setback requirement was not reduced.
(3)
Common Ownership; Merger. A nonconforming lot which contains no buildings and which was in single and separate ownership at the effective date of this Chapter and which:
(a)
Has less than 75% of the required minimum lot area.
(b)
Is needed to meet the minimum principal building setback requirements of an abutting lot, may only be used for the construction of a new principal building(s) or separately sold, and provided that such owner does not own or control other abutting lot(s) that, if merged, would be sufficient to enable such owner to comply with or reduce the nonconformance with the lot area requirements of this Chapter.
(4)
If a proposed development on a nonconforming lot does not meet the requirements of the above Subsection 3B(1) and (2) of § 27-806, then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less significantly adversely impact upon the established character of an existing residential neighborhood than the proposed use.
C.
Expansion of a Nonconforming Nonresidential Use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(1)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 27-119.
(2)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(3)
The total building floor area used by a nonconforming use or the total area covered by impervious surfaces of a nonconforming use shall not be increased by greater than 50% beyond each such measurement that existed in such use at the time such use became nonconforming. This maximum increase shall be measured in aggregate over the entire life of the nonconformity.
(4)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this Chapter, unless the Zoning Hearing Board grants a variance.
(5)
Wellhead Protection. A nonresidential principal use which is nonconforming pursuant to the wellhead protection provisions of § 27-506 may only be expanded if the applicant proves to the satisfaction of the Zoning Hearing Board that the expansion would create no new hazards or no net increase in hazards to groundwater quality.
D.
Expansion of a Nonconforming Residential Use. An existing nonconforming residential use may be expanded in floor area as a permitted by right use, provided that the number of dwelling units is not increased, the expansion meets all applicable setbacks, no new types of nonconformities are created, and a nonconformity is not made more severe (including the building area within the required setback area).
4.
Damaged or Destroyed Nonconformities.
A.
A nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within 12 months afterwards, and no nonconformity may be created or increased by any reconstruction. Property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
B.
Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this Section.
C.
Nonconforming Use of Open Land. All nonconforming off-premises signs, junkyards, outside storage areas and similar nonconforming uses of open land (other than agricultural and livestock uses), when damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed.
5.
Abandonment of a Nonconformity.
A.
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 365 or more days, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(1)
As provided for in the "damaged or destroyed nonconformities" provisions of this Section.
(2)
If a nonconforming off-premises junkyard, outside storage area or similar nonconforming use of open land (other than agricultural or livestock uses) is discontinued for at least 30 days, the use shall not be continued, repaired or reconstructed.
B.
The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
7.
Changes from One Nonconforming Use to Another.
A.
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board. The Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable in external effects than the preexisting nonconforming use with regard to:
(1)
Traffic generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
8.
District Changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this Section on nonconformities.
§ 27-807 Temporary Structure or Use.
§ 27-808 Recreation Land, Open Space and Fees Requirements.
[Ord. 9-94, 4/7/1994, § 808]
See the requirements of the Township Subdivision and Land Development Ordinance (Chapter 22).
§ 27-809 Industrial and Commercial Driveways.
[Ord. 9-94, 4/7/1994, § 809]
A driveway or accessway serving a commercial or industrial use shall be deemed to be integral with such use and shall not be a permitted use in a residential district. This restriction shall not apply to a driveway or accessway that will be clearly limited to use by only emergency vehicles.
§ 27-810 Access Onto Arterial Streets; Highway Frontage Development.
[Ord. 9-94, 4/7/1994, § 810]
1.
Each lot with less than 250 feet of frontage on an arterial street shall have not more than one access point involving left-hand turns onto each such street, and no lot with 250 feet or more of total frontage on an arterial street shall have more than two access points involving left-hand turns onto any such arterial street.
2.
Where practical, access to two or more nonresidential lots should be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots and driveways connecting adjacent nonresidential lots are strongly encouraged. See possible reduction of parking requirements in Subsection 2 of § 27-601.
§ 27-811 Posting of Street Address.
§ 27-812 Traffic Impact Study.
[Ord. 9-94, 4/7/1994, § 812]
1.
Intent. To allow the Township to determine the safety and congestion impacts, and related costs, of proposed major traffic-generating uses. To require that applicants respond with reasonable proposals to resolve the negative traffic impacts that their proposed uses will cause on the public. To recognize that sufficient federal, state and municipal funds are not available to resolve traffic problems caused by private development.
2.
Uses Requiring a Traffic Study. Any application for any of the following new uses or expansion of existing uses shall be required to complete a traffic study and include the findings in a written report:
A.
Residential: 75 or more new dwelling units.
B.
Commercial: 20,000 square feet or more of new or additional total floor area.
C.
Office. Thirty thousand square feet or more of new or additional total floor area.
D.
Industrial: 60,000 square feet or more of new or additional total floor area or any truck terminal.
E.
Institutional: 30,000 square feet or more of new or additional total floor area.
F.
Any use or combination of uses that would generally result in greater than 1,000 trips per day.
3.
Timing. Any required traffic study shall be submitted at the same time as whichever of the following submittals occurs first: preliminary plan, special exception, conditional use or construction permit application, as applicable.
4.
Costs. The full costs of completing the study and of a review by the Township Engineer or other Township representative shall be borne by the applicant.
5.
Study Area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Engineer to establish the area to be studied. This area shall be limited to streets and intersections within a maximum of two miles of the proposed project boundaries, except for a use projected to generate more than 3,000 trips per day, which shall have a maximum study area of three miles from the project boundaries.
6.
Joint Studies. Joint traffic studies between different applicants are strongly encouraged.
7.
Fees. In place of individual traffic studies, the Township Supervisors may require that an applicant provide a fee in lieu of a study. This fee shall only be used towards the costs of traffic studies sponsored by the Township. Any such fee shall be established by resolution or ordinance of the Board of Supervisors.
8.
Project Description. Any study shall include a description of the proposed development, its proposed access and the surrounding street system. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study. If the applicant owns other lands within the study area, reasonable assumptions shall be made about how that land can be expected to be developed and shall be taken into account.
9.
Existing Traffic Conditions. The traffic volumes and service levels during the A.M. and P.M. peak hours shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years and not upon state estimates. The locations of all accidents reportable to the State Police within the study area during a recent two-year period shall be noted.
10.
Expected Traffic Generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the A.M. and P.M. peak hours. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania.
11.
Projected Effects. The study shall take into account not only the use proposed by the applicant, but also other uses and developments that have received building permits or preliminary subdivision or land development approval from a municipality. The study shall project A.M. and P.M. peak hour traffic volumes and levels of service on impacted intersections and streets. If the traffic generation by the development would be more than 50% greater during any hour other than the A.M. or P.M. peak hour on adjacent streets, the study shall analyze both the peak hours for the development and for adjacent streets. The study shall project what directions the traffic generated will head towards.
12.
Levels of Service. The study shall estimate the levels of service (1, 2, 3, 4, 5 and 6), for key traffic movements, including turning movements, following the standards of the U. S. Department of Transportation.
13.
Signal Warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
14.
Needed Improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, and a rough estimate of the cost of that improvement.
15.
Applicant's Response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit towards the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as van-pooling, support of mass transit or staggered work hours, in place of certain structural improvements.
16.
Completion of Improvements. Any traffic improvements that are required as a condition of any approval under this Chapter or the Subdivision and Land Development Ordinance (Chapter 22) shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit or within a staged process agreed to at the time of approval.
§ 27-813 Community Impact Study.
[Ord. 9-94, 4/7/1994, § 813]
A subdivision or land development proposed to include 250 or more dwelling units shall submit a community impact study describing the following expected impacts of the development:
A.
The number of public school students to be generated.
B.
The effect of the expected number of public school students on school capacities.
C.
The effect of the additional public students on school district expenses, compared to expected additional revenues.
D.
The effects on the costs and revenues of the Township government.
E.
The effects on Township services.
F.
The adequacy of fire protection services and water supplies to serve the proposed development.
§ 27-814 Condominium Ownership.
[Ord. 9-94, 4/7/1994, § 814]
1.
Purpose. To allow certain land uses to be developed with ownership of buildings or portions of buildings by individuals, while all or most of the land area is owned commonly and maintained by a homeowner's association.
2.
Lot Area Requirements. All lot area, setback and other requirements of this Chapter shall be able to be met by any use or lot. However, with the approval of the Board of Supervisors, the actual division of land into separate lots with separate ownership is not required. Instead, a condominium form of ownership may be permitted.
3.
Maintenance of Commonly Owned Land. Any process of maintenance of commonly owned land shall meet the requirements of § 705(D) of the Municipalities Planning Code. Any condominium or homeowners' association agreement shall be reviewed by the Township Solicitor and require approval of the Board of Supervisors prior to recording of the deeds. Any such agreement shall be filed as part of the subdivision or land development plan.