Whitemarsh Township
City Zoning Code
City Zoning Code
ARTICLE IV
General District Regulations
§ 116-16 Scope.
For the purposes of this chapter, the following regulations shall govern each district.
§ 116-17 Contiguous lots in identical ownership.
[Amended 10-25-2018 by Ord. No. 988]
Any group of contiguous lots which are all in identical ownership shall be deemed a single lot when one or more of such lots is nonconforming with respect to lot area.
§ 116-18 Subdivision plan of lots of record.
A lot which does not conform to the minimum and maximum regulations of the district in which it is located and which is included in a recorded plan of lots heretofore approved under the provisions of the Whitemarsh Township Subdivision and Land Development Ordinance (Chapter 105), its supplements and amendments, shall not be used unless the minimum and maximum regulations of the district are met, or in the event that such recorded subdivision plan approved by the Township was secured within one year of the effective date of this chapter or a variance is obtained from the Zoning Hearing Board.
§ 116-19 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed.
§ 116-20 Modification of front yard requirements.
Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved and one improved lot, the front yard requirement for that district shall be modified so that the front yard shall be an average of the existing and required front yard.
§ 116-21 Vision obstructions at intersections.
On any lot, no wall, fence or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained which shall interfere with a free and unobstructed view down and across lands located at or near the intersection of any two roads, or a road and railway, or at any curve in any road as may be necessary to assure a full and unobstructed view in all directions at such crossings or curves and to so prevent the use of such lands for any purpose or in any manner which may interfere with or obstruct the vision of persons traveling upon such highways.
§ 116-22 Removal of topsoil.
The continuation of adequate topsoil on the land within the Township is considered necessary for the general welfare of the Township in the future development thereof. Thus, the permanent removal of topsoil from the land within the Township shall be prohibited. This prohibition shall not be construed to prohibit an owner of land in removing topsoil for the purpose of construction of a building and the regrading of the land surrounding the building following construction.
§ 116-23 Dimensional requirements with respect to sewage disposal and water supply.
Regulations as to minimum lot size, width of lots at the street line, front yards, side yards, rear yards, height and building coverage shall be maintained in accordance with the requirements of each zoning district, except in the following:
A.
In all residential districts except AAAA Residential which are served by neither an approved sanitary sewage system or an approved public water supply, each lot shall be subject to the following requirements:
(1)
Lot area shall be at least two acres.
(2)
Principal buildings shall be located a minimum distance of 60 feet from the nearest property line or boundary of street, whichever shall be closer.
(3)
Any accessory building shall be located a minimum distance of 30 feet from the nearest property line or boundary of street, whichever shall be closer.
(4)
Principal buildings shall have a maximum height of 35 feet.
(5)
Any accessory building shall have a maximum height of 20 feet and shall not exceed one story.
(6)
Buildings shall not cover more than 15% of total area.
B.
In all residential districts except AAAA Residential which are served by either an approved sanitary sewage system or an approved public water supply, the minimum lot size shall be 1 1/2 acres; all other requirements as to minimum width and yard and maximum building height and coverage shall be in accordance with the specified requirements of each residential zoning district.
C.
In all residential districts which are served by both an approved sanitary sewer system and an approved water supply, the requirements as to lot size, minimum width and yard, and the maximum building height and coverage shall be in accordance with the specified requirements of each residential zoning district.
D.
In all districts where a lot is to be served by an individual sewage disposal system, each application for a zoning permit shall be accompanied by a statement based upon the results of a percolation test prepared by a civil or sanitary engineer holding a registered professional engineering license, which shall certify to the adequacy of the lot to provide effective sanitary sewage disposal and otherwise to accommodate the lot for the use or uses proposed.
§ 116-24 Accessory uses and structures.
[Amended 10-28-1982 by Ord. No. 444]
A.
Authorization. Accessory uses and structures are permitted in any zoning district, unless qualified below, but only in connection with, incidental to, and on the same lot with a principal use or structure which is permitted within such district.
B.
Permitted accessory uses and structures. Accessory uses and structures shall include the following uses and structures, provided that such use or structure shall be in accordance with the definition of "accessory use" contained in § 116-11:
(1)
Antenna structures, no greater than 40 feet in height.
(2)
Barns and any other structures that are customarily incidental to an agricultural use.
(3)
Private carports and garages, provided that no tractor-trailer and not more than one commercial vehicle may be parked in a private carport or enclosed garage in any residential district.
(4)
Child's playhouse, not to exceed 100 square feet in gross floor area, and child's play equipment.
(5)
Doghouses, pens and other similar structures for the housing of commonly accepted pets, but not including kennels.
(6)
Fallout shelters.
(7)
Gardening.
(8)
Greenhouses.
(9)
Guesthouse or rooms for guests in an accessory structure, provided that such house is without kitchen facilities; is used for the occasional housing of guests of the occupants of the principal structure and not as rental units or for permanent occupancy as housekeeping units.
(11)
Parking of one commercial vehicle per dwelling unit in a residential district, but not to include any tractor-trailer or vehicle exceeding 1 1/2 tons' capacity, and limited to vehicles which are operated by an occupant of the lot.
(12)
Parking of small cargo trailers and major recreational equipment in a residential district, including but not limited to boats, boat trailers, camping trailers, travel trailers, motorized dwellings, tent trailers, houseboats and horse vans, but subject to the following limitations:
(13)
Porches, gazebos, belvederes, terraces, decks, patios, stoops and similar structures.
[Amended 9-25-2008 by Ord. No. 862]
(14)
Quarters of a household employee, caretaker or watchman.
(15)
Residence for a proprietor or storekeeper and his family located in the same building as their place of occupation.
(17)
Statues, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges.
(18)
Storage structure, incidental to a permitted use, provided that no such structure that is accessory to a single-family detached or attached dwelling shall exceed 200 square feet in gross floor area or 20 feet in height.
(20)
Tennis, basketball or volleyball court and other similar private outdoor recreation uses.
(21)
Wayside produce stand, subject to the following limitations:
(a)
A structure shall not exceed 100 square feet in gross floor area.
(b)
A wayside produce stand shall be permitted only during local crop-growing season, and such structures shall be removed except during such season.
(c)
A wayside produce stand shall be for the express purpose of sale of agricultural products grown on the same property. For the purpose of this chapter, plants which are balled, burlapped and bedded shall not be considered as growing on the same property.
(d)
A wayside produce stand shall be located a minimum distance of 30 feet from the curbline or edge of cartway, but no closer than 10 feet to any side lot line.
(e)
A wayside produce stand shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the adjacent street.
C.
Accessory uses not permitted: outdoor storage or overnight parking of commercial buses, commercial trucks or other commercial vehicles exceeding one and one-half tons' capacity in any residential district.
D.
Use limitations.
(1)
No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized contemporaneously.
(2)
All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which it is located.
(3)
All accessory uses and structures combined shall cover no more than 30% of the area of the required rear yard or in the case of a principal building set back farther than the minimum depth of the required rear yard, no more than 30% of the area contained between the rear lot line and the rear principal building plane, as defined herein.
[Amended 3-28-2013 by Ord. No. 925]
E.
Location regulations.
(1)
If an accessory-type building is attached to a principal building by any wall or roof construction, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this chapter applicable to a principal building.
(3)
The following regulations shall apply to the location of all accessory structures or uses except those specifically set forth in Subsection E(1) and (2) above:
[Amended 3-28-2013 by Ord. No. 925]
(a)
No accessory structure or use shall be located in any front yard or in the case where the principal building is set farther back than the minimum depth of the front yard, no accessory structure or use shall be located any farther forward than the front principal building plane as defined herein, except a statue, arbor, trellis, flagpole, residential parking space, garden, unenclosed porch, ground-story bay, chimney, fence, wall, sign or wayside stand, unless explicitly permitted by the regulations in a specific zoning district.
(b)
A completely detached accessory building may occupy a required side and rear yard, but shall not be located closer than four feet to any side or rear lot line.
(c)
No point on a completely detached accessory building or on a completely detached accessory structure with a roof or partial roof shall be any closer than 15 feet to any point on the nearest principal building.
[Amended 10-25-2018 by Ord. No. 988]
§ 116-25 Home occupations.
[Added 10-28-1982 by Ord. No. 444[1]]
A.
Authorization. Home occupations are permitted in any dwelling unit or existing building accessory thereto.
B.
Permitted home occupations. Home occupations shall include the following, and no other:
(1)
Artists and sculptors.
(2)
Authors and composers.
(3)
Dressmakers, seamstresses and tailors.
(4)
Family day-care homes limited to not more than four children residing off the premises.
(5)
Home crafts.
(6)
Office facility, provided that no retail or wholesale transactions are made on the premises.
(7)
Nonresidential school of special education whose enrollment does not exceed four pupils at any given time.
(8)
The letting for hire, for a minimum of one month, of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient.
C.
Home occupations not permitted. Permitted home occupations shall not in any event be deemed to include the following:
(1)
Antique shops, gift shops, restaurants and other commercial retail uses involving sale of articles and products produced off the premises.
(2)
Barbershops or beauty parlors.
(3)
Funeral chapel or funeral home.
(4)
Medical or dental clinic or hospital.
(5)
Renting of trailers.
(6)
Riding or boarding stable or kennel.
(7)
Tourist home, rooming, boarding- or lodging house.
(8)
Veterinary clinic or hospital.
(9)
Industrial uses.
D.
Use limitations. In addition to the use limitations applicable in the zoning district in which located, all home occupations shall be subject to the following use limitations:
(1)
The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto.
(2)
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients, other than an accessory sign, as permitted.
(3)
There shall be no exterior storage of materials.
(4)
No articles shall be sold or offered for sale, except for those produced on the premises.
(5)
Servicing by commercial vehicles for supplies and materials shall not be permitted.
(6)
The home occupation shall be carried on only by members of the immediate family residing in the dwelling.
[Amended 2-21-1991 by Ord. No. 618]
(7)
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less.
E.
No-impact home-based businesses. No-impact home-based businesses are permitted except when prohibited by any deed restriction, covenant or agreement restricting the use of land or any master deed, by law or other document applicable to a common-interest ownership community.
[Added 3-24-2003 by Ord. No. 770]
[1]
Editor's Note: This ordinance also repealed former Section 33-409, Minimum setback of accessory use.
§ 116-26 Conversions.
The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:
A.
A petition in favor of such exception shall be filed with the Zoning Hearing Board, signed by the owners of 60% or more of the frontage in the same street within 500 feet of the designated lot.
B.
Each dwelling unit shall not have less than 750 square feet of the floor area.
C.
The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.
D.
The yard and building area requirements for the district in which the building is located shall not be reduced.
E.
There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practical, be located to the rear of the building.
F.
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Board may consider appropriate.
G.
The off-street parking requirements of this chapter are met.
H.
The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use.
§ 116-27 Junkyards and abandoned automobiles.
B.
The possession of an abandoned automobile or parts thereof other than in a fully enclosed building shall be prohibited except in a junkyard or salvage yard or in an impounding garage or lot authorized by the Board of Supervisors for storage of illegally situated vehicles.
C.
"Abandoned automobile," for the purposes of application of Subsection B, shall, without limitation, be conclusively presumed to include any motor vehicle to which one or more of the following conditions exist:
(1)
A vehicle for which a certificate of junk has been issued by the Secretary of Revenue, Commonwealth of Pennsylvania, or the official designated by any other state to issue such certificate.
(2)
The engine or engine parts of which have been removed for more than 15 days.
(3)
The tires of which have been deflated or wheels removed for more than seven days.
(4)
A vehicle bearing no official inspection sticker, or a sticker not currently valid, or not bearing a current license tag.
(5)
A vehicle left unattended for more than three days upon any public highway or street where:
§ 116-28 Water availability.
A.
In general.
(1)
All water requirements shall be stated in application.
(2)
No permit for construction, building or use of building and/or land shall be issued until satisfactory proof of the availability and supply of water is furnished the Zoning Officer.
(3)
No wells may be dug or drilled on the premises except by permit.
(4)
Where available, all potable water services shall be supplied by water distribution companies operating and supervised as municipal or public utilities by virtue of the laws of the commonwealth and the ordinances of this Township.
B.
In commercial and industrial districts:
(1)
Water required on the premises for commercial or manufacturing purposes, including air conditioning, shall be supplied by water distribution companies unless the water distribution companies are not available, and provided that a permit is granted by the Township in accordance with the ordinances of the Township.
(2)
Where surface or ground water sources are existing and available or can be developed on the premises without impairment to similar services on adjacent or near properties or to public water supplies, they may be used for air conditioning with water recirculation upon a permit granted by the Board of Supervisors upon the recommendation of the Board of Health and the Township Engineer.
§ 116-29 Waste disposal.
Whenever the disposal of waste materials is required under ordinances, rules and regulations of the Township, it shall be accomplished by a system or systems for waste disposal approved by the Township.
§ 116-30 Annual occupancy permit.
Whenever a dwelling is occupied by more than one family, or by an adult person or persons not members of the principal family of the residence, the owner or lessee of the residence shall secure an annual occupancy permit by application in writing showing the name of each adult person being a resident thereof. Such application must be filed on or before April 1 of each year and a permit obtained upon payment of such fee as established from time to time by resolution of the Supervisors.
§ 116-31 Access to streets.
[Amended 5-12-1988 by Ord. No. 557]
Each and every lot hereinafter created by subdivision shall have frontage with a minimum width of 50 feet on a public or private street line, except lots in the C Residential and AD Attached Dwelling Districts, which shall have frontage equal to or greater than the lot width required at the building setback line for that district.
§ 116-31.1 Swimming pools and artificial bodies of water.
A.
Except when permitted by special exception, no swimming pool or artificial body of water shall be constructed, erected, placed or maintained within any front yard or, in the case where the principal building is set farther back than the minimum depth of the front yard, no swimming pool or artificial body of water shall be located any farther forward than the front principal building plane as defined herein.
[Amended 3-28-2013 by Ord. No. 925]
B.
Except when permitted by special exception, no swimming pool or artificial body of water capable of holding water to a depth of four feet or more at any point shall be constructed, erected, placed or maintained within any side yard when nearer than 15 feet of the property line, in any rear yard when nearer than 20 feet of the property line, or within 50 feet of a dwelling located on an adjacent lot.
C.
Except for those enclosed within a building, every swimming pool or artificial body of water capable of holding water to a depth of four feet or more at any point shall be entirely enclosed by a fence not less than four feet in height. Such fence shall contain no vertical interspace of more than two inches and no horizontal rail or component on the outside usable as a footstep, and such fence shall satisfy the appropriate following minimum requirements:
(1)
Wood pickets shall have three-fourths-inch stock;
(2)
Iron pickets shall have one-half-inch iron bars;
(3)
Chain link fences shall have vertical chains of nine gauge wire and a maximum of two inches apart;
(4)
Woven or other solid fences shall be of strength equivalent to one of the three foregoing fences; and
(5)
Each gate in any such fence shall be self-closing and self-latching, and any such latches shall be locked from the exterior with access gained only by key or combination mechanism. Any such lock shall be at least 3 1/2 feet from the ground.
§ 116-32 Structures excluded from maximum height regulations.
[Added 10-28-1982 by Ord. No. 444]
A.
The height limitations of this chapter shall not apply to silos, residential chimneys, spires, cupolas, gables, flagpoles, flues, monuments, radio towers, water towers, water tanks, transmission towers and cables, smokestacks or other similar roof structures and mechanical appurtenances; provided, however, that:
(1)
No such structure when located on a building roof shall occupy an area greater than 25% of the total roof area.
(2)
No such structure shall be used for any purpose other than a use incidental to the main use of the building.
(3)
Air-conditioning units on building roofs shall not be excluded from the maximum height regulations.
(4)
No such freestanding structure shall be located nearer to a lot line than a distance equal to its height.
(5)
No such freestanding structure shall be located except in strict accordance with the provisions of § 116-24.
(6)
The highest point of solar panels on rooftops shall not exceed 12 inches above the permitted height of the zoning district.
[Added 1-28-2010 by Ord. No. 890]
B.
A parapet wall, cornice or similar projection may exceed the limit established for a given zoning district by not more than three feet, but such projection shall not extend more than three feet above the roof level of any building.
§ 116-33 Fences, walls and terraces.
[Added 10-28-1982 by Ord. No. 444; amended 9-25-2008 by Ord. No. 862]
A.
Front yards. Fences located within the front yard shall not exceed four feet in height.
B.
Side and rear yards. Fences located within the side or rear yards shall not exceed six feet in height.
C.
Projections into required yards.
[Amended 2-22-2018 by Ord. No. 984]
(1)
Except as provided in § 116-85.3E of this chapter, an unenclosed porch and/or deck or terrace, platform, patio, stoop or landing place attached to a principal building, not more than 14 feet in height (with or without a roof, canopy or overhead trellis), may be erected to extend into such side or rear yard, provided that in no case shall it extend into such side or rear yard more than 1/2 the required depth of the yard for the applicable zoning district.
(2)
An unenclosed porch and/or deck or a terrace, platform, patio, stoop or landing place attached to a principal building, not more than 14 feet in height (with or without a roof, canopy or overhead trellis), may be erected to extend into a required front yard a distance of not more than 10 feet, provided that in no case shall it extend into more than 1/2 the required front yard.
D.
Structures shall not be permitted in the ultimate right-of-way, except where a property owner executes, and the Board of Supervisors approves, a hold-harmless agreement and it is recorded against the property. Where such structures are permitted, they shall not be located within the clear sight triangle of any intersecting streets, unless a full and unobstructed view can be demonstrated to the Township' s satisfaction as required by §116-21. A "clear sight triangle" is defined as the triangle bounded by any two intersecting street lines and a straight line drawn between points on each such line 50 feet from the intersection of said lines or extensions thereof.
[Amended 10-25-2018 by Ord. No. 988]
E.
No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, shall be erected within three feet of the rear lot line of any single-family attached lot. In instances where the side lot line does not pass through a common wall, no such fence or wall shall be erected within three feet of said lot line.
F.
Walls, steps and similar structures. Basketball poles, steps to decks, decorative walls and other similar structures in excess of six feet above natural grade are permitted to extend into the required setbacks prescribed in this chapter, provided they do not extend more than 1/2 the depth of said setbacks.
G.
Exceptions.
(1)
A fence up to 10 feet in height, used to enclose tennis courts, playgrounds or other recreational areas within residential areas or districts, may be erected within required rear and side yards, provided that said fence is chain link or of similar nonopaque style. Any such fence greater than six feet in height shall be set back a distance equal to half the required side or rear yard dimension.
(2)
Front yards. A five-foot fence may be erected in the front yard if set back 10 feet from the property line, curb or edge of paving, whichever creates the greatest setback. In addition, a six-foot fence may be erected if set back 15 feet from the property line, curb or edge of paving, whichever creates the greatest setback.
(4)
The provisions of this section shall not pertain to retaining walls or walls of a building. No fence or wall may be erected or maintained which creates a safety hazard as determined by the Whitemarsh Township Police Department.
H.
Except as otherwise provided in this section, no fence or wall within any property in Whitemarsh Township shall exceed six feet in height.
[Added 3-28-2013 by Ord. No. 925]
§ 116-33.1 Private-use heliports.
[Added 11-17-1983 by Ord. No. 481]
Private-use heliports shall be subject to the following provisions:
A.
Landing surface and peripheral area.
(1)
The landing surface shall include the following:
(a)
A touchdown pad which shall be paved and level and which shall be at least 40 feet square or, in the case of a circle, shall be at least 40 feet in diameter.
(b)
A takeoff and landing area which shall overlay the touchdown pad and shall be not less than 60 feet in diameter or 1 1/2 times the overall length of the largest helicopter expected to use the facility and, if not paved, shall contain a grass cover or other stabilized surface.
(2)
Peripheral area. There shall be a peripheral area of 10 feet in width surrounding the landing surface which, if not paved, shall contain a grass cover or other stabilized surface.
(3)
Condition of landing surface and peripheral area. Both the landing surface and the peripheral area shall be well maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.
B.
Setback.
(1)
No landing surface used for piston-engined helicopters having maximum gross weights up to 4,000 pounds or turbine-engined helicopters having maximum gross weights up to 11,500 pounds shall be located closer than any of the following:
(a)
Fifty feet to the property boundary.
(b)
Six hundred feet to any residential district; provided, however, that the landing surface may be located no closer than 50 feet to such residential district if the property where the heliport is located and the adjacent property in said residential district are owned by the same owner.
(c)
Two hundred feet to the center line of any street.
C.
Unauthorized entry. To alert pedestrians to avoid the helicopter landing area, the perimeter area of the heliport shall be clearly delineated by any of the following: signs, painted lines, a fence, or forms of landscaping such as hedges or shrubbery. Any objects used to delineate the helicopter landing area shall not penetrate the eight-to-one approach surface and two-to-one transitional area surface slopes. When ground-level helipads are located in or adjacent to automobile parking lots, a low barrier shall be used to prevent automobiles from parking on the helipad. Rooftop pads shall be excluded from the above requirements.
D.
Approach lanes. At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall conform to all requirements of the Federal Aviation Administration Regulations and the Pennsylvania Department of Transportation, Bureau of Aviation.
E.
State and federal regulations. In addition to the requirements of the Township, any applicant for a heliport or helistop shall comply with the rules and regulations pertaining thereto of the Bureau of Aviation, Pennsylvania Department of Transportation and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has:
(1)
Obtained approval for site development, in accordance with the Pennsylvania Aviation Rules and Regulations from the Bureau of Aviation, Pennsylvania Department of Transportation; and
(2)
Received such approval and clearance from the Federal Aviation Administration as may be required by the Federal Aviation Regulations.
F.
Exceptions. It shall be unlawful for any person to land, discharge, load or take off in a helicopter from any place within the Township other than at a heliport or helistop which has been authorized in accordance with the foregoing provisions of this section, except an approved occasional landing. It shall further be unlawful for any person to land, discharge, load or take off in a helicopter in accordance with this chapter during the hours of 11:00 p.m. to 7:00 a.m., except in cases of an approved occasional landing.
G.
Zoning Hearing Board conditions. In reviewing any application for a heliport or helistop, the Zoning Hearing Board shall be guided by the standards included in § 116-217 hereof and, in addition, may impose further restrictions on hours of operation, lighting and noise levels, and such other requirements as may be appropriate and reasonable to protect the health, welfare and safety of Township residents and their property, provided that these restrictions and requirements do not compromise air safety or conflict with regulations imposed by the Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation.
§ 116-33.2 Overlay districts.
[Added 9-25-2008 by Ord. No. 862]
In those areas of Whitemarsh Township where an overlay district applies, should the use of an underlying district be utilized, underlying requirements shall apply. For overlay uses, the requirements of the overlay district shall apply, and in the event of a conflict, the overlay district requirements take precedence over those of the underlying zoning district(s). In the case of multiple overlay districts, unless otherwise stated, the most restrictive overlay district requirements apply. Unless otherwise stated in any section of this chapter, Steep Slope, Riparian and Floodplain overlay provisions shall take precedence over all underlying or overlying provisions.
§ 116-33.3 Recreational lighting standards.
[Added 12-18-2008 by Ord. No. 872
A.
Purpose: to require and set minimum standards for outdoor recreational lighting to:
(1)
Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(3)
Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.
(4)
Promote energy efficient light design and operation
(5)
Protect and retain the intended visual character of the Township.
B.
Applicability. All outdoor recreational/sports facilities within the Whitemarsh Township that are proposed to operate during hours of darkness where there is public assembly and traverse.
C.
Criteria.
(1)
Illumination levels. Lighting, where required by this section or otherwise required or permitted by the Township of Whitemarsh, shall have illuminances, uniformities and glare control in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook and applicable Recommended Practices, except as otherwise required by this section and § 105-21B(20) of the Whitemarsh Township Subdivision and Land Development Ordinance.
(2)
Control of glare.
(a)
The incident light spill off at the development boundaries shall not exceed 0.10 footcandle at any point along off-street areas and 0.30 footcandle along public roadways.
(b)
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring property.
(c)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles and appropriate application of fixture mounting height, wattage, aiming angle and placement as approved by the Township. Vegetation screens shall be required as a secondary means for controlling glare. Minimum plant size shall be in accordance with Table 3: Plant Materials List, within § 105-52 of Chapter 105, Subdivision and Land Development. Consistent with proposed location, height and/or intensity of proposed lighting, increased plant sizes, specific plant species and planting density may be required by the Board of Supervisors based upon recommendation by the Shade Tree Commission.
(d)
Light fixtures within 100 feet of any residentially zoned or residentially used property may not exceed 16 feet in height.
D.
Plan submission.
(1)
To assist the Township in determining whether an application for illuminating recreational/sport facilities should be permitted as submitted or modified, the Township may require a visual impact plan in accordance with the provisions as follows:
(a)
Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.
(b)
Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.
(c)
Elevations containing average maintained vertical illuminance plots at the boundary of the site, taken at a line-of-sight height of five feet.
(d)
Elevations containing average maintained vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this section.
(e)
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
(f)
A narrative describing the measures proposed to achieve minimum off-site disturbance.
(2)
For subdivision and land development applications where outdoor lighting of recreational/sport facilities is proposed, lighting plans shall be submitted to Whitemarsh Township for review and approval with preliminary subdivision/land development applications in accordance with the provisions of § 105-21B(20) of Chapter 105, Subdivision and Land Development, of the Code of the Township.
§ 116-33.4 Solar energy systems
[Added 1-28-2010 by Ord. No. 890]
A.
Applicability.
(1)
This section applies to solar energy systems to be installed and constructed after the effective date of the section, and all applications for solar energy systems on existing structures or property. Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any structural change, upgrade or modification to an existing solar energy system that materially alters the size or placement of the existing solar energy system shall comply with the provisions of this section.
(2)
Solar panels shall be permitted as ground arrays in any district in accordance with the following:
(a)
All ground arrays shall be set back a distance of 1.1 times the structure height from all property lines in a residential district or in conformance with the bulk standards for accessory structures in nonresidential districts as provided herein.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any reflection is directed away or is properly buffered from an adjoining property.
(d)
Ground arrays shall not exceed a height, at the highest point of the structure, of 20 feet.
(3)
Any roof-mounted solar panels subject to the provisions of this section shall be permitted in any zoning district and in accordance with the following:
(a)
Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.
(b)
Integrated or separate flush-mounted solar panels may be located on a rear-, side-, or front-facing roof, as viewed from any adjacent street; provided, however, that on a semidetached dwelling or on an attached dwelling that is attached to another dwelling with a vertical wall, at least one roof surface on each dwelling shall be kept free of any solar panels to allow for emergency access to the uppermost floor in the event of a fire.
[Amended 10-25-2018 by Ord. No. 988]
(d)
In no event shall the placement of any solar panels result in a total height exceeding that which is permitted by § 116-32A(6) of this chapter.
B.
Design and installation
(1)
To the extent applicable, the solar energy system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S.§ 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et seq.
(2)
For any solar energy system, the applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed system, as designed, is an effective means for utilizing solar energy on the property. Such information shall be certified by a professional from the list of approved solar electric installers provided on the Pennsylvania Sunshine Program website operated by the Pennsylvania Department of Environmental Protection or from the North American Board of Certified Energy Practitioners (NABCEP).
C.
The design of the solar energy system shall conform to applicable industry standards.
D.
On existing construction, a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.
E.
Easements.
(1)
On plans for new subdivision or land development that propose to provide for solar energy systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded deed of easement, concerning the placement of structures and vegetation as they relate to the solar energy systems. The terms of the easement shall be as approved by the Township Solicitor.
(2)
An applicant submitting a building permit plan not subject to subdivision or land development regulations shall submit evidence that an easement, the terms of which have been approved by the Township Solicitor, has been obtained from adjoining landowner(s) concerning the placement of structures and vegetation as they relate to the proposed solar energy system, if determined necessary by the Township Engineer.
[Amended 10-25-2018 by Ord. No. 988]
F.
General requirements.
(1)
Abandonment and removal of solar energy systems.
(a)
Any solar panel (roof or ground) which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(b)
All structural enclosures accessory to the solar panels shall be completely removed from the property to a place of safe and legal disposal.
(c)
The former solar site shall be restored to as natural condition as possible within six months of the removal from the property.
(2)
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(3)
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(4)
The installation of solar energy systems is subject to all Philadelphia Electric Company (PECO) requirements for interconnection.
(5)
This section's height provisions shall supersede all height provisions of other sections with respect to solar energy systems.