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West Deer Township City Zoning Code

ARTICLE XXIII

Land Development

§ 210-150 Introduction.

No zoning certificate, building permit or occupancy permit shall be issued for any land development as defined in this chapter until a land development plan has been submitted, reviewed, and approved in accordance with § 185-13 and § 185-16 of the West Deer Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 185.

§ 210-151 Plan submission procedure.

A completed application packet shall be received no later than close of business on the last business day of each month to be considered for review at the following Planning Commission's regularly scheduled workshop meeting. Said packet shall be accompanied by a fee established by the Board of Supervisors to cover the cost of review.

§ 210-152 Application requirements.

The application shall consist of the items required by § 185-13 and § 185-16 of the Township's Subdivision and Land Development Ordinance.

§ 210-153 Development standards.

The Planning Commission shall not recommend a land development plan to the Township Board of Supervisors unless the following standards have been met:
A. 
Screening requirements.
(1) 
Every development shall provide sufficient screening so that neighboring properties are effectively shielded from any adverse impacts of that development, or so that the new development shields itself from potential impacts from existing uses already in operation.
(2) 
This section sets forth the type of screening method required between various uses in order to provide a mechanism to buffer potential negative impacts. To determine the type of screening required (Type A, B or C) based upon the Screening Requirements Table included in the Appendix of this chapter, find the use in the "developing use" column which is similar to the proposed use to be developed, and follow that line across the page to its intersection with the type of use(s) that adjoins the property to be developed. For each intersecting square that contains a letter, the developer is required to install the level of screening indicated.
(3) 
The three basic types of screens that are required are as follows:
(a) 
Opaque screen, Type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence or densely planted vegetation with fencing. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstruction should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns follow.
Opaque Screen Type A
(b) 
Semi-opaque screen, Type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction for above the opaque portion to a height of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, or planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any complete unobstructed openings more than 15 feet wide. Suggested planting patterns follow:
Semi-Opaque Screen, Type B
(c) 
Broken screen, Type C. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns follow.
Broken Screen Type C
(4) 
The screening requirements set forth in this section shall be enforced unless otherwise specified in this chapter.
(5) 
An applicant may satisfy screening requirements, as outlined throughout this chapter, by use of the following alternative options:
(a) 
In the event that existing vegetation and/or existing topography provides adequate screening, the Board of Supervisors, upon recommendation by the Planning Commission may determine that existing topography and/or vegetation constitutes all or part of the required screening. If such a determination is made, the applicant may be required to record a conservation easement of an area specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed.
(b) 
In the event that identified site-specific constraints do not provide a suitable area for the healthy growth of required screening trees, as measured by a depth of less than six feet from a property line, any one required screening trees may be substituted with three shrubs and/or hedges, when mature, reaching a height of at least six feet.
(c) 
An applicant may satisfy screening requirements through a fee-in-lieu, as made available by the Township.
(6) 
All planted screening shall comply with West Deer Township's Planting/Landscaping Appendix.
(7) 
For buildings over 35 feet in height, § 210-153A(3)(a) shall apply with respect to the first 35 feet in height. Above the thirty-five-foot height, buildings shall be substantially screened from view of residential structures within 1,500 linear feet of the buildings. For purposes of this chapter, the term "substantially screened" shall mean intermittent obstructions which may include walls or fences, trees and/or earth mounding. Any earth mounding shall not exceed 50% of the required screening area. The exposed sides of any earth mounding shall be appropriately landscaped. Any trees shall screen at least 50% of the remaining structure above 35 feet upon reaching full maturity. The property owner shall maintain all screening.
B. 
Landscaping.
(1) 
Any part or portion of the site which is not used for building, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with the natural surroundings.
(2) 
Any off-street parking area with five or more spaces shall retain at least 5% of the total parking area for landscaping and shall be graded for proper drainage and shall be paved; and at least one shade tree, of at least two-and-one-half-inch caliper, shall be provided per every five parking spaces. The grouping or spacing of such trees shall be reviewed as part of the landscape plan.
(3) 
Any off-street parking area located in a required front yard shall be set back at least 10 feet from the road right-of-way, with the area between the right-of-way and the parking area maintained with mulch, gravel or other appropriate ground cover and landscaped with trees, shrubs or boulders, and in accordance with the landscape plan.
(4) 
All planted screening shall comply with West Deer Township's Planting/Landscaping Appendix.
C. 
Storage. Any article or material stored outside an enclosed building as an incidental part of the primary commercial or industrial operation, shall be so screened by opaque ornamental fencing, walls, or evergreen planting that it cannot be seen when viewed by a person standing on ground level during any season of the year. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened.
D. 
Lighting. It is the intent of this subsection to provide for the control of lighting and glare for all districts of the Township.
(1) 
In any district, any operation or activity producing intense glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of 1/2 of one foot-candle when measured at any residence district boundary line or any residentially developed property in a commercial or industrial district. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.
(2) 
No use shall produce a strong, flashing/flickering light or a reflection of a strong, flashing/flickering light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high-brightness surface from viewing angles about 60° from horizontal shall be utilized. Architectural lighting shall be recessed under roof overhangs or generated from concealed sources utilizing low-intensity light fixtures. The interior illumination of a canopy which permits any light to pass through is hereby banned. The illumination or lighting of free-standing and building canopies, awnings and exterior auxiliary parts is prohibited, with the exception of flat-lens, full cutoff, downcast lighting, which may be mounted on the underside surface of a structure, provided that it illuminates only the ground area beneath the structure. For the purpose of this chapter, a "canopy" shall be defined as a covering over an area not enclosed by walls. An "awning" shall be defined as an overhanging projection extending from a structure. An "auxiliary part" shall mean all exterior structures, such as shelters, porches, decks, colonnades, arbors, trellises, and pergolas.
(3) 
All outside lighting, including sign lighting, shall be focused away from adjacent streets and properties and shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaries and fixtures hereafter constructed, installed, changed or remodeled shall be equipped with a glare shielding device, full cutoff downward cast in the case of freestanding area lighting. Intensity of outdoor lighting shall be limited within usable areas of a site (i.e., parking, walkways, etc.) to an average intensity at the ground of 3 1/2 foot-candles with a maximum intensity at any given point on the ground of 12 foot-candles, unless otherwise approved by the Board of Supervisors. A 400 watt maximum shall apply to any light source.
(4) 
In any district all pole mounted illumination or lighting over six feet in height or any wall mounted illumination or lighting supported by brackets or pole arms over six feet in height, hereafter constructed, installed, changed or remodeled shall be "full cut-off lighting" with flush or recessed lens caps only. All light fixtures shall be mounted parallel to the ground. Full cut-off lighting shall be defined as the type lighting fixture designed to provide a light distribution so that the candela at 90° above nadir is zero and less than 10% of rated lumens at 80° above nadir.
(5) 
The height of a luminaire shall be limited as follows:
(a) 
In any residential district, the maximum height permitted shall be 20 feet.
(b) 
In any other district, the maximum height shall be 30 feet.
(6) 
Ball diamonds, playing fields and tennis courts have a unique requirement for nighttime visibility may be exempted from Subsections D(1) through (8) if, in the judgment of the Board of Supervisors, their limited hours of operation and the location of the luminaries will adequately protect neighboring residential uses.
(7) 
The Board of Supervisors shall also retain overall supervision of issues pertaining to enforcement of lighting and glare regulations and may grant modifications from the lighting and glare, regulations contained in this chapter.
(8) 
All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
E. 
Interior circulation. The interior circulation of traffic in commercial and industrial areas shall be designed so that no driveway, or access land providing parking spaces, shall be used as a through street.
F. 
Loading areas. Areas provided for the loading and unloading of delivery trucks and other vehicles, and for the servicing of businesses by refuse collections, fuel and other service vehicles, shall be located at the side or rear of all buildings, unless topographic constraints prevent their location, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of access ways or automobile parking facilities.
G. 
Emergency access:
(1) 
The applicant shall demonstrate to the satisfaction of the Board of Supervisors that all buildings shown on the land development plan can be adequately accessed by emergency vehicles and equipment. Emergency access shall be required for the purpose of positioning fire-fighting equipment or other emergency vehicles in relation to the building so that the equipment can be effectively used. Emergency access may be provided by a means of a fire lane, a public or private street, a driveway or aisle in a parking area or an unobstructed landscaped area.
(2) 
Emergency access shall be provided on at least one side of each building. The Board of Supervisors may require emergency access to be provided on more than one side of a building, if warranted by site conditions, and the layout of the land development plan.
H. 
Access driveways and streets.
(1) 
All required permits for state, county and/or Township highways and roads must be obtained prior to final approval.
(2) 
Driveways shall be separated by a distance of at least 125 feet between center lines, as measured at the point of intersection with the street right-of-way.
(3) 
No driveway shall be located closer than 125 feet from an intersection of any state, county or Township right-of-way.
(4) 
The width of any entranceway leading from a public right-of-way shall not exceed 30 feet at the point of intersection with the public right-of-way.
(5) 
Streets shall intersect at 90° angles, except where topographic constraints prevent an appropriate alignment. Angles less than 90° may be designed, subject to the approval of the Planning Commission. In no case shall proposed streets intersect at an angle less than 75°.
(6) 
All streets, rights-of-way and pavement designs shall conform to the requirements adopted by the Township Board of Supervisors in effect at the time of construction.
I. 
Traffic control.
(1) 
No design shall be approved which is likely to create substantial traffic hazards endangering the public safety, nor which is inconsistent with the recommendations and findings of any adopted Township traffic study.
(2) 
Should an official traffic study not exist for the Township, the developer may be required by the Township to complete such a study for development that generates more than 100 average daily trips and which said study shall address the development and specific traffic problems. Requirements for said traffic study shall be as defined by the Township.
(3) 
Traffic control devices may include traffic signals, overhead flashing lights and delineators, such as medial barriers, and not be limited to acceleration and deceleration lanes, turning lanes, one-way traffic flow, traffic and land markings, and signs.
(4) 
The plan for traffic control shall provide off-site traffic flow and safety. The developer shall be responsible for the construction of any such traffic control devices.
J. 
Stormwater management. A stormwater management plan shall be developed which conforms to the Township's Stormwater Ordinance as amended; see Chapter 182 of the Township Code.