Article VIII. General Regulations

Transcription

1 Article VIII General Regulations Section 800. Applicability of Regulations The regulations contained in this article shall apply to the entire township for the subjects covered herein, in addition to complying with the specific requirements in other applicable articles of this Ordinance. However, if a conflict occurs between the standards of the General Regulations and any other standards of the Zoning Ordinance then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by the Upper Hanover Township Subdivision and Land Development Ordinance. The following activities, among others listed in the definition of land development, are considered land development: Addition of one or more buildings (except residential accessory buildings) to a lot which contains an existing building Division of one or more buildings into spaces for leasehold, ownership, or other forms of tenancy (except for residential conversions resulting in three or less dwelling units) Construction of one nonresidential building on a lot Change in use of any existing nonresidential building Anything more than one single-family dwelling constructed on a single-family lot. (except for residential conversions resulting in three or less dwelling units) Section 801. Applications Applications shall be filed with the Township for subdivision and/or land development and/or other uses of land as permitted by this Ordinance, in compliance with the following: Ownership. The subject tract or land area shall be in one ownership or shall be subject to a joint application filed by the owners of the entire site, under single direction, using one overall plan Proposed Plans. A. Subdivision and/or land development applications shall include a proposed plan in compliance with the Upper Hanover Township Subdivision and Land Development Ordinance, and all other applicable Township ordinances, State or Federal regulations. B. Applications for permitted uses which are not subdivisions or land developments shall include a proposed plan in sufficient detail and clarity to enable the township to determine compliance with all applicable regulations. In addition, these applications shall comply with Section 817 of this Ordinance. 71

2 C. The proposal for a tract or land area may be carried out in a single phase or in sections, in compliance with the Pennsylvania Municipalities Planning Code, and shall be in compliance with a Development Agreement in accordance with Pennsylvania Law which shall: 1. Be binding to the overall tract and its development. 2. Be acceptable to the Board of Supervisors, under the advice of the Township Solicitor. 3. Be recorded with the final plan. 4. Be subject to re-negotiation if the applicant proposes revisions to the approved plans. Section 802. Water Supply and Sewage Disposal All development in the township shall be served by water supply and sewage disposal facilities which are appropriate for the type of land use, physical characteristics of the land, location in the township, availability of existing water and sewage systems, and classification as growth or nongrowth areas in the Comprehensive Plan, and shall be further regulated by the requirements below: Medium or high density residential development within the growth areas identified in the Comprehensive Plan shall be served by public water supply and public sewage disposal facilities. These areas are designated as the R-2 and R-3 districts on the Upper Hanover Township Zoning Map Lower density residential development (lots larger than 40,000 square feet) within the growth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or by public water supply and public sewage disposal facilities (within areas designated as the R-2 and R-3 districts on the Upper Hanover Township Zoning Map) Nonresidential development within the growth areas identified in the Comprehensive Plan shall be served by public water supply and public sewage disposal facilities where available. These areas are designated as the LI, LIC, CB, and VC districts on the Upper Hanover Township Zoning Map Residential development within the nongrowth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or may be served by common, shared, or central facilities serving more than one lot, dwelling, use, or building. These areas are designated as the R-1 Agricultural-Residential District on the Upper Hanover Township Zoning Map Nonresidential development within the nongrowth areas identified in the Comprehensive Plan may be served by individual on-lot water supply and sewage disposal facilities or may be served by common, shared, or central facilities serving more than one lot, dwelling, use, or building. These include some areas designated as CB or OS districts on the Upper Hanover Township Zoning Map. 72

3 802.6 Individual On-Lot Facilities. Where individual on-lot water supply and sewage disposal facilities are used, written proof of compliance with the applicable state and Montgomery County Health Department regulations must be provided to the Zoning Officer before occupancy permits will be issued Facilities Serving More Than One Lot, Dwelling, Use, or Building. Where these types of facilities are used, they shall comply with the following: A. Where the dwellings, uses, or buildings are located on separate lots, these water and sewage facilities shall not be located on building lots, but shall be located on a separate lot or lots used only for these utilities, or for utilities and open space. Minimum lot dimensions shall be sufficient to contain the utility facilities and provide a 50-foot setback from all property lines, and a minimum 25-foot wide, usable access to the lot for maintenance and emergency purposes. B. Where the dwellings, uses, or buildings are located on one lot, these facilities may be located on that lot, or may be located on a separate lot or lots used only for these utilities, or for utilities and open space. 1. For utilities on a separate lot, minimum lot dimensions shall be sufficient to contain the utility facilities and provide a 50-foot setback from all property lines, and a minimum 25-foot wide, usable access to the lot for maintenance and emergency purposes. 2. For utilities located on the same lot, easements shall be provided equivalent to the minimum lot requirements contained herein. C. Written proof of compliance with the applicable state regulations must be provided to the Zoning Officer before occupancy permits will be issued for development served by these facilities. D. These facilities shall comply with the requirements of Section 805 herein regarding ownership and maintenance of common elements. Section 803. Landscaping and Buffering All proposals subject to the requirements of this ordinance shall be landscaped and buffered from adjacent properties in compliance with the requirements of the Upper Hanover Township Subdivision and Land Development Ordinance. Section 804. Open Space Regulations [Amended 12/13/05; Ord. No ] All proposals which are required to offer open space under the requirements of this Ordinance shall do so in compliance with the location, design and other criteria set forth in the Upper Hanover Township Subdivision and Land Development Ordinance and shall be guided by and in accordance with the Joint Open Space and Environmental Resource Protection Plan of Upper Hanover Township and Red Hill Borough or any successor plan thereto. 73

4 Section 805. Private Ownership and Maintenance of Common Elements [Amended 12/13/05; Ord. No ] Common elements including, but not limited to, open space, recreation, sewer, water, easements, and stormwater management facilities that will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors, upon recommendation of the Township Solicitor. Such private ownership including, but not limited to, corporate, individual, condominium, landlord, or fee-simple home or land owners' association, shall be governed by the requirements set forth in the Upper Hanover Township Subdivision and Land Development Ordinance. Section 806. Refuse Collection Facilities In all zoning districts, on land developed for nonresidential and multifamily uses, Refuse Collection Facilities must be provided by the applicant, either inside the building(s) or within an area enclosed by either walls or opaque fencing These facilities shall be architecturally compatible with the building(s) Walls or fencing shall be designed to contain and prevent dispersion of refuse as well as shield the refuse facilities from direct view from adjacent properties, to a height of at least six feet These facilities shall be designed in a manner which can accommodate large collection trucks Landscaping is required around these facilities Refuse facilities attached to, detached from, or within buildings shall be subject to same building setback requirements. Section 807. Residential Conversions The Zoning Hearing Board may grant a special exception for the conversion of any existing singlefamily detached dwelling or its accessory structures into no more than two additional dwelling units, subject to the following requirements: Minimum Unit Size. The minimum size of each existing or newly created dwelling unit shall be a minimum of 400 square feet, plus 100 square feet for each bedroom. For example: Number of Bedrooms In Unit Minimum Square Footage Required Per Unit 0 (Efficiency) Minimum Lot Size. In order to qualify for residential conversion, the existing dwelling unit must be located on a parcel with sufficient gross area to provide: A. The minimum lot size required for a single-family detached dwelling in the zoning district where the dwelling is located, plus 74

5 B. Additional lot area for each additional dwelling unit in the converted structure, equal to the minimum required for a single-family detached dwelling in the zoning district where the dwelling is located Restriction from Development. Within 30 days of having obtained a use and occupancy permit for any conversion unit(s), the applicant shall record with the Montgomery County Recorder of Deeds deed restrictions, easements, or private covenants which shall be acceptable to the Township Solicitor for the purpose of permanently restricting from further subdivision or land development the land area required by Section Number of Units Permitted. Regardless of the size or number of existing dwelling units, the total number dwelling units on any one parcel after conversion shall not exceed three General Standards. A. There shall be no external alteration of the building except as may be necessary for reasons of safety or access for otherwise permitted units. Any alterations shall reflect the architectural character of the existing building. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building. B. A Township issued building permit shall be required for any alterations under this Section, and all plans submitted as an application for permits shall have a professional seal that they comply with the Township's Building Code. C. Each dwelling unit shall have direct access to the outdoors or to a hall which directly accesses the outdoors, in compliance with the townships Building Code. D. The off-street parking requirements of Article IX must be met. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit. E. All dwelling units shall be provided with smoke detectors and fire extinguishers. A dwelling unit located at or above the second story of a converted structure must have a fire escape. F. If on-lot sewage disposal is used, the applicant must submit evidence to the Zoning Hearing Board showing that the total number of bedrooms after conversion will not exceed the on-lot system s capacity based on a flow of 60 gallons per day per bedroom. The Sewage Enforcement Officer shall review and approve any proposed expansion or addition of systems. Section 808. Accessory Uses [Amended 11/14/00; Ord. # 00-5, & 8/14/01; Ord. # 01-08] The following accessory uses, shall be permitted, subject to the additional requirements herein Uses Accessory to Agriculture: A. Greenhouses, barns and machine sheds, preparation of products produced on the premises for sale and/or use at other locations. B. Retail sale of agricultural and/or horticultural products on a minimum tract of five acres in compliance with the following: 75

6 1. At least 75 percent of such products shall have been grown on the property on which they are offered for sale. 2. At least 3 off-street parking spaces shall be provided, plus 1 additional space for each 100 square feet of building area over 400 square feet. 3. Buildings, whether permanent or seasonal, shall meet the required setbacks of the district in which they are located, and no parking area, sign, display, or other structure shall intrude into the legal right-of-way of any public road. Buildings shall include stands, carts, wagons, sheds, or other movable structures. 4. Maximum building coverage for retail sales shall be as follows: a) Maximum of 500 square feet permitted by right. b) Maximum of 1500 square feet may be permitted by conditional use, in compliance with the dimensional standards of Section 1505 of the CB Commercial Business District for Class Two Uses. c) More than 1500 square feet shall be considered a principal use and shall be permitted only within the CB-Commercial Business District. d) All structures, including stands, sheds, barns, etc., with customer access shall be included in calculating building coverage. 5. Parking and loading requirements shall comply with Article IX, Off-Street Parking, and Section , Off-Street Loading, of this Ordinance. 6. Vehicular access and parking shall comply with the requirements of this Ordinance and the Subdivision and Land Development Ordinance, for a similar use located in the CB-Commercial Business District. C. Keeping of livestock in conjunction with agriculture, in accordance with the following: 1. Livestock and/or other animals may be kept as part of an agricultural operation, without numerical limit, provided that the property on which they are kept is at least 20 acres in size. For lots less than 20 acres, the number of animals permitted shall comply with the rate standards of Section I, herein. 76

7 2. For any building or other structure housing livestock or poultry, the minimum setback from any property line or ultimate right-of-way line shall be the same as the setback prescribed by the zoning district for the principal building. No building housing livestock or poultry shall be located within 100 feet of any dwelling, except that no minimum separation distance shall be required from the livestock building and a dwelling(s) located on the same property, except as may be required by the Building Code. The area used to keep livestock shall be completely enclosed by a suitable fence Permitted Residential Accessory Uses and Structures. The following uses are permitted by right, however, approval as a conditional use by the Board of Supervisors shall be required for uses that exceed the stated capacities or sizes, or that would involve use or storage of items other than those listed: A. Home occupations, subject to the provisions of Section 809, herein. B. Private garages shall be in accordance with the following: 1. R-2 and R-3 Districts: Lot Size (Gross Area) Maximum Building Size (1) Minimum Side and Rear Yard Up to 40,000 S.F. 500 S.F. 25 FT. 40,001S.F. to 45,000 S.F. 750 S.F. 25 FT. 45,001 S.F. to 50,000 S.F. 800 S.F. 25 FT. 50,001 S.F. to 55,000 S.F. 850 S.F. 25 FT. 55,001 S.F. to 60,000 S.F. 900 S.F. 25 FT. 60,001 S.F. to 65,000 S.F. 950 S.F. 25 FT. Over 65,000 S.F. 1,000 S.F. 30 FT. 2. R-1 District: Lot Size (Gross Area) Maximum Building Size (1) Minimum Side and Rear Yard 65,000 S.F. to 85,000 S.F. 1,400 S.F. 30 FT. 85,001 S.F. to 100,000 S.F. 1,600 S.F. (2) 100,001 S.F. to 120,000 S.F. 1,800 S.F. (2) Over 120,000 S.F. 2,000 S.F. (2) (1) Buildings proposed in excess of these S.F. limits must have conditional use approval. Lots in the R-1 District with less than 65,000 S.F. must use the standards for the R-2 and R-3 Districts above. (2) The minimum yards for a garage shall be the same as those required for a principal building in the respective zoning district. C. Private parking spaces, not to exceed four per dwelling unit (not counting garage spaces). D. Shelter for small domestic animals and domestic farm animals as permitted by Section 808.2, H and I, herein. E. Non-commercial greenhouse of less than 750 square feet in floor area. Storage sheds for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of less than 400 square feet. 77

8 G. Non-commercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreational vehicles. H. The keeping of domestic farm animals, not in conjunction with agriculture, in accordance with the following: 1. Minimum lot size shall be two acres. 2. Building setbacks shall comply with Section 808.1, C, herein. 3. Such animals may be kept at the following rates: On a Minimum Two-Acre Lot For Each Additional Acre* a. Horses, cows, or other animals of a similar size: 1 animal 1 animal or b. Sheep, goats, or other animals of a similar size: 4 animals 4 animals and c. Fowl or other animals of 10 animals 10 animals a similar size: * Up to a maximum of 20 acres. I. The keeping of small domestic animals in accordance with the following: 1. On lots smaller than 1 acre, a maximum of 4 domestic animals may be kept, including not more than 3 dogs more than six months old, or 3 cats more than six months old. 2. On lots between 1 and 2 acres, a maximum of 7 small domestic animals may be kept, including not more than 3 dogs more than six months old, or 3 cats more than six months old. 3. On lots a minimum of 2 acres, a maximum of 10 small domestic animals may be kept, including not more than 3 dogs more than six months old, or 3 cats more than six months old. 4. For every additional acre, an additional 5 animals may be kept. For more than 3 dogs or 3 cats more than six months old the requirements of Section 825, Kennels, herein, must be met. J. Satellite dish or other television or radio antenna, in accordance with the provisions of Section 826, herein. 78

9 808.3 Uses Accessory to Non-commercial Recreational Use. Customary recreation, refreshment and service uses and buildings in any non-commercial recreational area Other Accessory Uses. Accessory uses other than those listed may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to Accessory Buildings. A. Private garages shall comply with Section 808.2, (B), herein. B. All accessory buildings, regardless of size, are subject to stormwater management controls as deemed necessary by the Township Engineer. C. Lots greater than 3 acres of gross area are not restricted as to the size or number of residential accessory buildings; however, said buildings that exceed 750 square feet in ground floor area shall satisfy the setbacks required for the principal building for the district in which it is located. [Amended 9/13/05; Ord. No ] D. All accessory buildings, regardless of size, are subject to stormwater management controls as deemed necessary by the Township Engineer. E. An accessory structure shall be constructed for a specific use incidental to the principal structure. Accessory structures can be built on site or manufactured elsewhere. Accessory structures shall not include truck bodies, gutted mobile homes, used fuel tanks, trailers, box cars, sea containers or similar impermanent or moveable structures which were manufactured for another purpose. [Amended 9/13/05; Ord. No ] Off-Street Parking of Commercial Vehicles in Residential District. A. Routine off-street parking of not more than two commercially registered vehicles with not more than four wheels each, which are used regularly or frequently for business purposes shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district. B. Routine off-street parking of one commercially registered vehicle with more than four wheels which is used regularly or frequently for business purposes shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district. Section 809. Home Occupation Home occupations are permitted in any residence as an accessory use in compliance with the standards of this section, as well as all other applicable township, state, and federal regulations Home occupations shall be limited to the accessory use of a residence for the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts. The use shall be secondary and incidental to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part. 79

10 809.2 Home occupations shall be divided into two classes, and regulated as follows: A. Minor Home Occupations. These uses are permitted by-right in all residential dwellings, in compliance with the following requirements: 1. These uses shall be conducted entirely by residents of the dwelling in which the occupation is permitted. 2. These uses shall not include any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania. 3. These uses shall not receive visitors, customers, or clients of any type. 4. Pick-up or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service. 5. These uses do not generate the need for any more parking spaces than required for the residence. B. Major Home Occupations. These uses are permitted only in single-family detached dwellings in compliance with the following requirements: 1. These uses may employ persons who are not residents of the dwelling in which the occupation is permitted, in compliance with Section O. a) No more than two licensed medical practitioners may serve as principals of the use, with no more than three support staff members for each principal (a total of 8 persons including residents and nonresidents) b) Nonmedical uses may have the same number of employee as a medical home occupation use. 2. These uses include barber shops, beauty parlors, and any profession or occupation which requires a license to practice in the Commonwealth of Pennsylvania. 3. Visitors, customers, or clients shall be permitted only between the hours of 8:00 AM and 9:00 PM. 4. Pick-up or delivery for business purposes shall be limited to those services that routinely serve homes, such as United Parcel Service, Federal Express, or the U.S. Postal Service. 5. No more than two parking spaces required for these uses may be located in a front yard. All additional required parking shall be located only in a side or rear yard. Landscaped buffers as required in Article IV of the Subdivision and Land Development Ordinance, are required for all parking spaces for home occupations. 6. These uses must be located on lots with primary vehicular access from a Collector or higher classification road Requirements for all home occupations: A. A resident of the dwelling must be a principal of the home occupation. 80

11 B. Any use, except professional offices, which involves building alterations requiring approval of the Pennsylvania Department of Labor and Industry shall not be permitted as a home occupation. C. The home occupation and its associated structures shall conform with all applicable dimensional standards for the zoning district. D. Home occupations conducted entirely within the residence shall not use more than 25 percent of the gross floor area of the residence for the home occupation. Gross floor area shall not include garages, unfinished attics, or cellars. E. The Board of Supervisors may permit the use of an accessory structure or the use of more than 25 percent of the residence floor area by Conditional Use where all other requirements of this Section are met. 1. Accessory structures may be used only when they are entirely located within the building envelope for the principal building, defined by the front, side, and rear yard setbacks of the district in which the structure is located. 2. The floor area of the accessory structure used for the home occupation shall not exceed 35 percent of the gross floor area of the residence, not including garages, unfinished attics, or cellars. 3. The accessory structure shall be required to comply with the township s building code applicable to a residence or place of business. F. The home occupation shall in no way cause the residential appearance or character of the premises to differ from the surrounding residential area. G. Home occupations shall not use noxious, combustible, explosive, or other types of materials that could endanger the health and safety of the occupants and the surrounding residents. H. Home occupations shall not produce noise, dust, vibration, glare, smoke, odor, electrical interference, fire hazard, traffic, or any other nuisance not typically experienced in the zoning district where the property is located. I. Home occupations shall not include auto related services, clinics, hospitals, animal hospitals, restaurants, cafes, hotels, or boarding houses, as defined in this ordinance, or similar uses. J. No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences. K. Only one sign per residence shall be permitted, conforming to the provisions of Article X of this Ordinance. L. No outside storage or display of material, goods, supplies, or equipment related to the operation of the home occupation shall be allowed. All storage shall take place within a walled structure. M. Merchandise shall be limited only to products manufactured or substantially altered on the premises or to incidental supplies necessary for the conduct of the home occupation. Items shall not be purchased off-site for resale. 81

12 N. Direct sale of goods on the premises shall not be permitted routinely, but may be permitted on an infrequent, occasional basis. O. No employees, assistants, helpers, subcontractors, etc., shall be permitted except for persons residing on the subject property with the practitioner, unless authorized as a Conditional Use by the Board of Supervisors. P. Vehicular access improvements or any need for additional parking generated by the home occupation, over what would normally be expected for a residence, as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off-street and only in the side and/or rear yards of the structure in accordance with Article IX of this Ordinance, the regulations of the district in which it is located, and the Township's Subdivision and Land Development Ordinance. Q. Home occupations that attract customers, clients, or students to the premises shall not be allowed in multifamily dwellings. R. There shall be no routine, regular, or recurring deliveries to or from a home occupation from a vehicle with more than two axles. S. Trash removal shall not be permitted in excess of that normally occurring in residential areas. T. Family day care homes, group day care homes, and day care centers are not home occupations and are regulated by Section 822 of this ordinance. U. Garage sales, yard sales, tag sales, and other similar events are not home occupations and are regulated by other township requirements. V. All home occupations shall be registered with the Township and be subject to an annually renewable permit secured from the Zoning Officer or Township Secretary. Section 810. Bed and Breakfast Accommodations Bed and breakfast accommodations, as defined in this ordinance, may be operated in single family detached dwellings, subject to the following regulations: Conditional Use approval is required from the Board of Supervisors There shall be no more than 5 guest bedrooms, accommodating no more than 10 guests at any one time; no paying guest shall stay on any one visit for more than 30 days One off-street parking space for each guest bedroom shall be provided in a side or rear yard Meal service is limited to one daily meal per paying overnight guest and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state, and local requirements for the preparation, handling, and serving of food Owner shall maintain a current guest register, subject to inspection by the Township Each bed and breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Township Fire Code. Guest shall be provided with information regarding the floor plan of the building and the location of emergency exits. 82

13 810.7 If the facility is served by an on-site sewage system, the owner must obtain written approval from the Township Sewage Enforcement Officer, (the Montgomery County Health Department), confirming the adequacy of the system to serve the increased demand resulting from the facility Minimum lot area shall be 80,000 square feet The rented rooms shall not contain kitchen facilities and shall not constitute separate dwelling units The lot for a bed and breakfast use must have access from a Principal Arterial, Minor Arterial, or Major Collector road. Section 811. Public Utilities The provisions of this Ordinance shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures, or facilities in existence at the time of passage of this Ordinance, or which may hereafter be located with public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this Ordinance, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such constructions or installation upon the public safety and the character of the adjacent neighborhood. Section 812. Effect of Private Covenants Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land, and which restrictions are not prohibited by or are not contrary to the regulations herein established. Section 813. Access to Public Street [Amended 6/8/04; Ord. #04-06] Unless otherwise specified in this ordinance (e.g. Section 1404, Section G.4b), all lots shall abut a public street for at least 50 feet at the right-of-way line, and said 50 feet must be usable for purposes of ingress and egress to the lot. Pre-existing landlocked parcels may be developed with one single-family detached house provided with a 50-foot wide easement of access, and provided that the usable portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located Rear Lotting or Flag Lotting. The concept of rear or flag lotting is permitted under this Ordinance in compliance with Section 813.1, other requirements of this Ordinance, and the Rear or Flag Lotting provisions of the Township's Subdivision and Land Development Ordinance. Section 814. Height Limitations of Fences and Walls Fences and freestanding walls shall comply with the standards in this section. Building walls and retaining walls are not regulated by these standards Maximum height shall be 4 feet when located less than 5 feet outside the ultimate rightof-way line of a road Maximum height in all other locations shall be 6 feet, except that the height may be increased to a maximum of 8 feet if that portion of the fence or wall which exceeds 6 feet in height has a ratio of open area to solid area of at least four to one (4:1) The Board of Supervisors may authorize walls or fences of greater height by Conditional Use, subject to the following standards and criteria: 83

14 A. Where necessary to provide adequate protection, shielding, or screening of open storage or equipment areas, in compliance with Section 806.2, herein. B. Where topographic conditions require additional height to provide the same degree of privacy provided by a complying fence on level ground. C. The Board of Supervisors may require a setback of 10 feet or more from the ultimate right-of-way of roads or from property lines. D. The Board of Supervisors may require landscaping to soften the appearance of the fence or wall from surrounding properties or roads No fence or freestanding wall shall be permitted to obstruct sight distance at a street or driveway intersection Fences and freestanding walls are not required to comply with front, side and rear yard building setbacks. Section 815. Projections Into Required Yards No building and no part of a building shall be erected within or shall project into any required yard in any district, except that: An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard setback a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than one-half the required depth of the yard A terrace, patio, deck, platform, or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet provided that it shall not extend into such yard more than 40 percent of the required depth or width of the yard A car port may be erected over a driveway in a required side yard, provided that such structure is: A. Not more than 14 feet in height and 20 feet in length; B. Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and C. At least 3 feet from the side lot line A buttress, chimney, cornice, pier, or pilaster of a building may project not more than 18 inches into a required yard Open, unenclosed fire escapes, steps, bay windows, and balconies may project no more than three feet into a required rear yard. Section 816. Adult Use Standards and Criteria The following standards and criteria shall govern adult uses as defined and permitted in this ordinance: Adult uses are permitted only in the OS, Outdoor Storage and Heavy Commercial District. 84

15 816.2 No adult use shall be permitted to be located within 500 feet of an existing residence, residential district, place of worship, school or school property line, playground, park, or any other adult use No adult use shall be considered to be a permissible change of use, in conformance with Article VII, "Nonconforming Status," unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards, and criteria of this section Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities, or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article X, "Signs," of this Ordinance If any portion of a use meets the definition of adult use, then that portion must comply with the requirements of this section. Section 817. Performance Standards Unless otherwise noted, the following performance standards apply to all uses in all districts in the township: Air Pollution Controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S as amended, and the following standards: A. Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10 percent for a period or periods aggregating more than 3 minutes in any one hour; or equal to or greater than 30 percent at any time, and shall comply with PA Code Title 25, Chapter 127.A(7), or its most recent update. B. Particulate, Vaporous, and Gaseous Emissions. 1. No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point. 2. No emission of particulate matter shall exceed grams per dry standard cubic foot, corrected to 7 percent oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices. 3. For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. C. Hazardous Air Emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.S., Section 7412) as promulgated in 40 CFR Part 61, or its most recent update Noise Control. All uses shall comply with the standards of Article XXVIII, Noise Control, of this ordinance. 85

16 817.3 Odor Control. A. No person shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated. B. The prohibition on odors shall not apply to odor emissions arising from the premise of a farm operation. C. Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment Glare or Heat Control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines Vibration Control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line Control of Radioactivity or Electrical Disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance Fire and Explosive Hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels Outdoor Storage and Waste Disposal. A. All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public. B. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. C. All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers. D. No materials or wastes of any form may be stored in a floodplain area. E. Outdoor storage and refuse areas shall be setback 50 feet from abutting properties that have residential or institutional uses or zoning and 20 feet from all other abutting properties. F. Outdoor storage and refuse areas are not permitted in the setback area measured from the ultimate right-of-way line. 86

17 G. No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the County Health Department, as appropriate; nor shall industrial wastes be stored, discharged, incinerated, or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes. Section 818. Procedure for Consideration of a Conditional Use Application An application for any conditional use as specified in the various articles of this Ordinance shall be considered by the Township Board of Supervisors according to the following procedure: Application. A. The application shall be submitted in writing to the Township Secretary during regular township business hours, with a fee as required by the Township s fee schedule. B. The application shall include the request for approval of a Conditional Use and sufficient information to document compliance with the applicable standards of this ordinance; a tentative sketch plan of the proposed development shall be included. C. The Township Planning Commission shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultants whose review may be relevant Public Hearing. A. The Board of Supervisors shall schedule a public hearing within 60 days from the date of the applicant's request, pursuant to public notice, unless the applicant has agreed in writing to an extension of this time limit. B. The hearing shall be conducted by the Board of Supervisors, or the Board of Supervisors may appoint any member of the Board of Supervisors or an independent attorney as a hearing officer. The decision to grant or deny the proposed use shall be made by the Board of Supervisors. The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, other advisors, and those present at the public hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this Ordinance. [Amended 8/13/02; Ord. # 02-14] C. In deciding all applications for conditional uses the Board of Supervisors shall be guided by the following standards and criteria: 1. The proposed use shall be one permitted by conditional use and one that will conform to the applicable regulations of the district in which it is located. 2. The proposed use shall be considered in light of the general standards for Zoning Hearing Board decisions in Section 510, of this Ordinance. D. The Board of Supervisors shall render a written decision on the application within 45 days after the last hearing in which the Board considered the application. 87

18 E. Where the Board of Supervisors fails to render a decision within 45 days, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. Section 819. Environmental Protection Requirements All proposals for development and/or use of land shall be developed and/or operated in a manner that preserves the beneficial qualities of the existing natural environment and natural features present on the site, in compliance with the following: Preservation of Natural Features. Proposals shall preserve natural drainage areas, wetlands, forested areas, substantial stands of trees, individuals and small groupings of specimen trees, attractive/scenic views and any other natural features existing on the site, to the greatest extent feasible. To evaluate the extent of environmental protection needed for a proposal, the applicant shall provide the information listed in Section or 819.5, herein, as appropriate for the type of proposal. Protection of natural features is recommended by the Comprehensive Plan, and the Open Space and Environmental Resource Protection Plan, and Montgomery County's 1995 Open Space Plan, which may be used as sources of information regarding these features Plans and Narrative. Applicants shall provide plans and a written narrative that show and describe how the proposal conforms to the goals and objectives of the Comprehensive Plan and the Open Space and Environmental Resource Protection Plan, or an explanation of why it cannot conform Disturbance of the Ground Surface. Proposals shall reduce grading and disturbance of the ground surface to the greatest extent feasible for the type of development or use proposed, consistent with accepted engineering principles and practice Inventory, Analysis, and Sketch Plans for Subdivision and Land Development. For all nonresidential subdivisions and land developments, all proposals under R-3 District standards, and all residential subdivisions of ten or more lots, the following site elements shall be inventoried and mapped by the applicant. Sufficient detail shall be provided to allow evaluation of the proposal relative to the intent of this section. Where a conflict occurs between these standards and those of the Township's Subdivision and Land Development Ordinance, the stricter requirement shall prevail. A. Physical Resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of no less than one inch equals 100 feet, and shall be briefly described. The maps shall include: 1. Topographic contours at 10-foot intervals, showing rock outcrops and slopes of more than 15 percent, in compliance with the Steep Slope Conservation District, Article XXV, of this Ordinance. Applicants are encouraged to use 2- foot contours drawn from aerial photographic sources because of their increased accuracy and practicality. 2. Soil type locations and a table identifying soil characteristics relating to agricultural capability, seasonal high water table, depth to bedrock, and suitability for on-lot sewage disposal, from the Montgomery County Soil Survey. 88

19 3. Hydrologic characteristics of the site, including surface waterbodies, floodplains, and hydric soils. If a wetlands survey is not provided initially, it shall be provided as part of the Preliminary Plan submission. 4. Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size. B. Land Use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants. C. Visual Resources. Scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract. D. Cultural and Historic Resources. Brief description of historic and cultural character of buildings, and structures, if applicable. E. Context. General outlines of buildings, land use, and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than 1-inch equals 400 feet. F. Optional Sketch Plan. The applicant is strongly urged but not required to submit a sketch plan in accordance with Section 302 of the Subdivision and Land Development Ordinance, based on the inventory and analysis, in order to resolve design issues before investing in engineered preliminary plans. G. Required Sketch Plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accordance with Sections 302 and 303, of the Subdivision and Land Development Ordinance Inventory, Analysis, and Sketch Plans for All Other Proposals. For all construction, development, or other proposals not governed by Section 819.4, herein, the site elements listed in Section shall be inventoried and mapped with sufficient detail to allow evaluation of the proposal relative to the intent of this section Hazards or Nuisances. No land or structure in any zoning district shall be used or occupied in any manner that creates any of the following conditions in an amount sufficient to create a nuisance, be dangerous to public health or safety, or adversely affect the reasonable use or value of the surrounding area or adjoining premises: A. Dangerous, injurious, noxious, or otherwise objectionable condition. B. Fire, explosive, or other hazards. C. Heat, electromagnetic, or other radiation. D. Noise or vibration. E. Smoke, dust, odor, or other form of air pollution. Section 820. Environmental Assessment Statement Applicants shall submit an environmental assessment statement for all residential proposals of more than ten lots or dwelling units and for nonresidential development when required by the applicable zoning district requirements. The statement shall comply with the following requirements: 89