ARTICLE VII GENERAL PROVISIONS

Transcription

1 Dimensional Regulations. ARTICLE VII GENERAL PROVISIONS A. Lot Area and Yard Required. The lot and yard regulations for any new buildings or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Chapter. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this Chapter, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. B. Minimum Lot Size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this Chapter, except as specified in Subsection C. below. C. Additional Lot Requirements and Exceptions. 1. Resource Protection Land. A residential lot of 15,000 square feet or less shall not include any slopes greater than 20 percent, wetlands or 100 year floodplain within the area used to meet the required minimum lot size. A residential lot of over 15,000 square feet shall include a minimum of 15,000 square feet of land that does not use any of the following areas to meet the minimum lot size: slopes greater than 20 percent, wetlands or areas within the 100 year floodplain. See also provisions of the Subdivision and Land Development Chapter regarding average slopes of building areas. See Section B. for regulations on buildings in floodplains. 2. Non-conforming Lot. The provisions of this Chapter shall not prevent the construction of a structure for a permitted use on an existing lot that was lawful when created and which, prior to the effective date of this Chapter, was in single and separate ownership duly recorded by plan or deed; and provided that: a. Such a lot is not less than 80 percent of the minimum lot area in that district. b. If a lot is not served by central water and central sewage service, it shall have a minimum lot area of one acre and meet State sewage regulations. c. If it is not possible for the lot to meet minimum front and rear yard requirements, then the minimum front yard and/or rear yard may be reduced to 25 feet. d. If it is not possible for the lot to meet minimum side yard requirements for a single family detached dwelling, then each minimum side yard may be reduced to 5 feet for a single family detached dwelling. e. In the case of an irregularly shaped lot, the required lot width along the building setback line shall be no less than the frontage required at the street line in the applicable zoning district, but the frontage at the street line may be reduced to not less than 75 percent of the required street frontage. 3. This exception shall not apply to any 2 or more contiguous lots in a single ownership as of or subsequent to the effective date of the provisions of this Chapter that made the lot nonconforming, where a merger or resubdivision could create one or more lots that would be less non-conforming with this Chapter. D. Minimum Lot Width. If a lawful nonconforming lot has a nonconforming lot width, that restriction by itself shall not prevent the lot from being used for the construction of an allowed principal building or accessory structures. VII-1

2 E. Yard Requirements. In all districts, no portion of a building or structure shall be built within the minimum depth of front, side, or rear yards as specified within this Chapter except as provided in the following: 1. Off-street parking and fences shall be permitted within required yards. 2. Front Yard Exceptions for Existing Setbacks. If the alignment of existing buildings on either side of a lot within a distance of 200 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the township may accept the average of such existing alignment within that distance as the required front yard. 3. Projection into Yards. An arbor, open trellis, flagpole, unroofed steps or terrace, or recreational or clothes drying yard shall be permitted as projections into required yards with no restriction. In addition, a roof of a building may overhang into a yard by up to 3 feet. No other permanent structure shall project into the required yard. 4. Accessory Building in Yards. See Section H. No accessory building shall be permitted within the area of the minimum front yard setback. F. Height. The height limitations specified in this Chapter shall not apply to place of worship spires/steeples/religious symbols/belfries, cupolas, agricultural and industrial mechanical equipment not intended for human occupancy; monuments, observation towers, communications towers/antenna that meet other requirements of this Chapter, electricity transmission towers, windmills, chimneys, smokestacks, flagpoles, except as herein specified. However, such features that exceed 75 feet in total height from the ground shall be setback a minimum of 75 feet from the lot line of an existing dwelling. G. Clear Sight Triangle for Street Intersections. See Section K.(12) of the Subdivision and Land Development Chapter, or its successor section. Once a clear sight triangle is established on a plan submitted to the Township, it shall be legally binding upon all present and future property-owners and shall be maintained to be kept clear of obstructions. If the clear sight triangle becomes obstructed, and the current owner does not comply with a Township notice to remove the obstruction, then the Township may remove the obstruction and require that the owner pay the costs of the Township to perform the work. However, the Township does not accept any obligation to maintain a clear sight triangle. H. Visibility at Intersections. No sign shall be placed in such a position that it will cause danger to traffic on a street or entering a street by obscuring the view, or which hides from view or interferes with the effectiveness of an official traffic control device Parking Standards A. General Parking Requirements. 1. Structures and uses in existence at the date of adoption of this Chapter shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements. 2. Whenever there is an alteration of a use that increases the parking requirements according to this Article, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of this Article. 3. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve. VII-2

3 4. All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the township and then only after proof that, by reason of diminution in floor area, seating area, or the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic. 5. For parking areas of 6 or more vehicles and related driveways, the area that is not landscaped shall be: a) graded and surfaced with bituminous asphalt or concrete or another hard-surface approved by the Township, and b) drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking areas of 3 or more spaces shall be marked so as to indicate the spaces location. Failure to keep parking areas in satisfactory condition (such as free from potholes, clearly delineated, or properly graded) shall be considered a violation of this Chapter. 6. All areas for the storage of 6 or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in Subsection Within the TC Town Center District, any use existing as of the effective date of this Chapter which can be lawfully expanded, or any new use that cannot meet the parking requirements of this Chapter within the lot lines of the principal use may meet the parking requirements of this zoning Chapter by: a. On an annual basis the landowner shall show proof of a lease of the required parking spaces within 300 feet of the premises and in the same district. B. Parking Design Requirements. 1. A parking stall is that area specifically designated by pavement markings or some other means for the temporary parking of one motor vehicle. 2. Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, both commercial and non commercial. 3. Unless otherwise specified, each required parking space shall include a rectangle with a minimum width of 10 feet and a minimum length of 20 feet. Parking spaces for storage of vehicles for sale or valet parking are not restricted by this size limitation. 4. Parking for the persons with disabilities shall meet the requirements of the Township Construction Codes, which reference national ANSI standards. 5. The minimum width of two-way traffic parking aisles shall be 24 feet. 6. Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle. C. Parking Access and Traffic Control. In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage: VII-3

4 1. For automobile sales lots (Use E-2) no area for off-street parking or for the display, storage, sale, or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb and barrier planting strip, wall or other effective barrier against traffic, except at necessary accessways, and each parking area shall have not more than two accessways to any one public street or highway for each 500 feet of frontage. Where possible, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than 35 feet clear in width. 2. In the case of apartments and all industrial uses, the following regulations shall apply: a. All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property or center, except in the TC Town Center District, where parking may be provided within 300 feet of the use or as provided in Section A. b. All buildings shall front upon a marginal street, service road, common parking lot, or similar area and not take access directly upon a public street or highway. c. All accessways to a major or minor arterial street or highway shall be located not less than 300 feet from the intersection of the centerlines of any streets. d. Any additional traffic signals and acceleration and deceleration lanes deemed necessary upon review by the township to provide safe and adequate access to the property shall be provided by the owner. e. All streets and accessways shall be designed in a manner conducive to safe exit and entrance requirements of the Township. D. Interior Circulation and Access. 1. Internal drives and parking aisles shall be no less than the minimum width specified in Subsection B and shall be designed so as to prevent blockage of vehicles entering or leaving the site. 2. Internal drives and parking aisles shall be paved and provided with curbs and drainage in conformance with the requirements of the subdivision and site plan regulations. E. Shopping Cart Storage. Any establishment which furnishes shopping carts that are allowed outside as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated in Article VIII. F. Parking for Townhouse, Apartment and Nonresidential Uses. 1. Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants, or employees 2. No motor vehicle repair work of any kind other than emergency service shall be permitted in parking lots of non-residential uses. VII-4

5 3. In any case where a development abuts a state or municipal highway, all streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided as required by the Township. 4. No off-street parking shall be permitted within a required buffer yard or within a street right-ofway. See also subsection 6.a. below. 5. Computation: a. When determination of off-street parking spaces required by this Chapter results in a requirement of a fractional space, any fraction shall be counted as one parking space. b. Off-street parking space shall be required as provided for each use in Article V. All uses which do not have a parking requirement in Article V and which have a lot coverage in excess of 10 percent shall provide at least one off-street parking space for each 220 square feet of gross floor area. c. For industrial uses, if less than one parking space is provided for each 470 square feet of gross floor area, sufficient space shall be preserved within the building setback lines for future expansion of parking facilities to that number without exceeding the impervious surface ratio. d. When parking is based upon employees, it shall be based upon the maximum number of employees on the premises during peak times of the week which includes shift changes. Contractors and volunteer workers shall be counted in the same manner as employees. 6. Additional Requirements for Parking Areas. a. No off-street parking area of 6 or more off-street spaces shall be located closer than 20 feet from any public street right-of-way line and 10 feet from any property line, unless a larger distance is required under a buffer requirement. b. Landscaping and Buffer See Section below. G. Reduction of Nonresidential Parking Requirements. In order to prevent the establishment of more parking spaces than are needed for nonresidential uses, the Board of Supervisors may permit a conditional reduction of parking space if the following conditions are satisfied: 1. The conditional reduction of parking spaces may apply if the minimum number of parking spaces required for a land use is in excess of actual parking needs or if the operating schedule of 2 or more land uses are such that a parking lot may be shared. 2. The parking lot design must designate sufficient space to meet the parking requirement. The plan shall also illustrate the layout for the total number of parking spaces, which must be in compliance with the impervious surface and yard requirements of this Chapter. 3. The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Chapter. The developer shall provide with the land development plan a landscaping plan for the reserved area. 4. If required by the township, the developer or owner shall post a performance bond or other securities to cover the expense of a parking study to be undertaken by a registered traffic engineer of the township's choosing who shall determine the advisability of providing the full parking requirement. With recommendations of the parking study and the Township engineer, the Township shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space. VII-5

6 Off-street Loading Requirements. In connection with any building which requires the receipt or distribution of materials or merchandise by trucks, there shall be provided off-street loading berths not less than the minimum requirements specified in this section: A. Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without: 1. Blocking or interfering with the use of the accessways, automobile parking facilities, or pedestrian ways, or 2. Backing out into a street. B. All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than 2 ton capacity shall be located less than 100 feet from any residence district. No permitted or required loading berth shall intrude into a buffer yard. No truck loading facilities shall be constructed between the minimum building setback line and a front street right-of-way line. C. All off-street loading areas and areas used for the overnight parking of tractor-trailer trucks or trailers detached from tractor-trailers shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan and Section D. A required off-street loading berth shall be at least 12 feet in width with a length sufficient to accommodate the largest vehicle that will use the facility, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. E. Each required off-street loading berth shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to approval of the governing body. The interior drives shall have all-weather surfaces to provide safe and convenient access during all seasons. F. All open, off-street loading berths shall be paved in accordance with the regulations of the Township subdivision and land development regulations. G. No storage of any kind or motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth. H. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended. VII-6

7 Buffer Yards and Landscaping A. Purpose. Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. B. Buffers and Plant Screening. 1. A buffer yard shall be provided and maintained with a minimum width of 50 feet between the side and rear of any new or expanded principal commercial or industrial use or area used for overnight parking of 2 or more tractor-trailer trucks and any abutting lot line within a residential district or FP district or any existing principal dwelling. This buffer yard shall be increased to a minimum of 100 feet for a principal manufacturing or warehouse use, or for a commercial use that will be open to the public between 1 a.m. and 6 a.m. See also berm requirements in the EC district regulations. a. The buffer yard shall include mostly evergreen plant screening. The initial height of the plants shall be 4 feet. The plantings shall be of a species and use a spacing that will result in a complete visual screen with a minimum height of 6 feet within 3 years. The plantings shall be staggered to allow room for future growth. American Arborvitae and similar weak-stemmed plants shall not be used for the screening. The buffer yard shall be maintained in a vegetative ground cover and shall not be used for signs, parking, storage or driveways, except for approximately perpendicular driveway crossings that may be approved by the Township. b. Plant screening meeting the requirements of this Section B. shall also be provided when an area used for the off-street parking, display, storage or sale of 6 or more motor vehicles is placed abutting the lot line of a principal dwelling. c. Plant screening meeting the requirements of this Section B. shall also be provided when an area used for the overnight parking of two or more tractor-trailer trucks or two or more trailers of tractor-trailer combinations will be parked adjacent to a street or dwelling. d. Plantings shall be shifted in location where needed to avoid interference with clear sight lines at intersections. 2. Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents, and any other structures or equipment other than radio or television antenna which above the roof line shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the board before construction or erection of said structures or equipment. 3. Where such screening is required, the Township may require the screening be assured by a maintenance guarantee posted with the Township in an amount equal to the estimated cost of trees and shrubs and planting. In addition, the current landowner shall replace within 12 months any required tree or shrub that dies at any time. C. Landscaping. 1. Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be landscaped according to an overall landscaping plan. For a lot including more than 10,000 square feet of non-residential building space, the landscaping plans shall be prepared by a registered landscape architect. 2. See Section B. 3. All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping VII-7

8 style of the remainder of the lot. Such screening shall be subject to site plan review by the Township and accessibility reviewed by the utility. 4. Landscaping of outdoor advertising signs shall be in accordance with Article VIII. 5. No more than 20 consecutive off-street parking spaces shall be placed in a row without being separated by a planting strip not less than 10 feet in width from any other parking spaces. This requirement shall not apply to trucking areas serving industrial uses. 6. For a lot including 6 or more off-street parking spaces, no less than 10 percent of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the required parking area landscaping. 7. A minimum average of one deciduous shade tree shall be required to be planted for every 10 off-street parking spaces on a lot. Such trees shall meet the same requirements, including but not limited to species and size, as are provided in the Subdivision and Land Development Chapter for street trees. 8. Plantings shall be shifted in location where needed to avoid interference with clear sight lines at intersections. Low level shrubbery shall be avoided where traffic lanes intersect Lighting A. For safety and security, the parking, loading, vehicle ingress, and vehicle egress areas of any principal business or apartment use shall be provided and maintained with a minimum of 0.5 foot candle measured on the ground. Lights shall be provided on fixtures with a mounting height of not more than 25 feet or the height of the building, whichever is less, measured from ground level to the centerline of the light source. B. All outside lighting shall be directed, arranged and shielded in such a way as to avoid a nuisance to reasonable persons on any other lot or glare for motorists upon a street. 1. Street Lighting Exempted. This Section shall not apply to street lighting that is owned, financed or maintained by the Township or the State. 2. Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. 3. Flickering. Flashing, flickering or strobe lighting are prohibited, except for non-advertising seasonal lights between October 20 th and January 10 th. 4. Spillover. Exterior lighting on a lot shall not cause a spillover of light onto a residential lot that exceeds 0.5 foot-candle measured 10 feet inside a lot line of an existing principal residential use. 5. Canopies. Light fixtures under commerical canopies (such as over gasoline pumps) shall be placed so that the cover is recessed or flush with the bottom surface of the canopy and/or shielded by the edge of the canopy so that light source is not directly visible from beyond the property. C. When a business is not in operation, sign lighting shall be turned off between the hours of 12 midnight and 6 a.m. if the lighting would shine towards dwellings. When a business is not in operation, exterior lighting shall be reduced to the amount necessary for security and safety purposes between the hours of 12 midnight and 6 a.m. VII-8

9 Common Open Space Standards A. General Provisions. 1. It is mandatory that the recorded plan and the deeds and/or a conservation easement shall indicate that there shall be no additional development and subdivision of Common Open Space, except for improvements as may be specifically approved by the Township for a preserved agricultural lot, a golf course open to the public, non-commercial recreation or similar approved use. The common open space shall be restricted against any future building, development, or activity that is contrary to the Township-approved use of the land. The approved plans may provide for buildings and improvements for non-commercial recreation, golf course, equestrian or agricultural purposes compatible with the approved use of the common open space. 2. All documents pertaining to the conveyance, use and maintenance of the common open space shall be subject to the approval of the Board of Supervisors, prior to recording of the final plan, and after review by the Township Solicitor. 3. Layout. a. A minimum of 75 percent of the required common open space shall be in one lot or two contiguous lots that are only separated by one street or a creek. b. To the maximum extent feasible, in the determination of the Township, the required common open space shall be placed in one of the following locations, unless another alternative is specifically approved by the Township. (1) On a lot that has a configuration and physical characteristics that is suitable for an allowed agricultural, plant nursery, tree farm or equestrian use. (2) On a lot that is suitable for public recreation and which the Board of Supervisors is willing to accept as a public recreation land, or on a lot that is adjacent to existing or proposed public recreation land or public recreation trail. (3) On a lot that is on the perimeter of the tract in a location that could be interconnected with existing, planned or potential common open space on an adjacent tract. (4) Adjacent to a creek or river. (5) Adjacent to active farmland in a manner that the common open space serves as a buffer between homes and agricultural uses. B. Common Open Space Design Standards. 1. Areas set aside for open space shall be suitable for the designated purpose and shall be laid out to connect with existing or potential common open space on any adjacent tract. Where structures relating to common open space or recreational activity are located in approved common open space, no more than 5 percent of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform to the provisions of Uses A-1 through A-9 in Section Any land set aside as common open space must be made subject to a deed restriction or conservation easement in a form acceptable to the Township and duly recorded in the Office of the Recorder of Deeds of Northampton County. C. Methods of Conveyance and Maintenance. All common open space shown on the final development plan as filed with the Township and subsequently recorded in the Office of the Recorder of Deeds of Northampton County must be conveyed in accordance with one or more of the following methods: 1. Dedication in fee-simple to the Township: VII-9

10 a. The Township may, at the discretion of the governing body, accept any portion or portions of the common open space, provided: (1) If, upon the recommendation of the planning commission, it is determined that such land is suitable regarding size, shape, location, and access, the governing body may determine that such lands will benefit the general public of the Township; (2) The Township agrees to and has access to maintain such lands; and (3) The titles are conveyed to the Township without cost. 2. Conveyance of title in fee simple to a conservancy organization, entity controlling a golf course, property owner association, entity controlling agricultural or equestrian land, or other Townshipapproved legal entity: a. The terms of such instrument of conveyance must include provisions suitable to the Township assuming such organization shall guarantee: (1) The continued use of such land for the intended purpose in perpetuity; (2) Continuity of proper maintenance for those portions of the common open space requiring maintenance; (3) Available funds required for such maintenance; (4) Adequate insurance protection if the land will be open to others; (5) Provision for payment of applicable taxes; (6) Recovery for loss sustained by casualty, condemnation, or otherwise; (7) The right of (but not the responsibility of) the Township to enter upon and maintain such property at the expense of the entity in the event the entity fails to maintain the property; and (8) Such other covenants and/or easements to fulfill the purposes and intent of this Chapter. b. The following are prerequisites for a corporation or association: (1) The Township, prior to final plan approval must approve the corporation or association, and the liens recorded before any homes or dwelling units are sold, leased or otherwise conveyed. (2) Membership must be mandatory for each buyer and/or lessee. The organizational paper shall specify the voting rights as per adult, per unit, or per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to homeowner. (3) It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance of recreational and other facilities. (4) Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the Township. (5) It must be able to adjust the assessment to meet conditions by a stated margin of votes. (6) Such corporation or association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common open space. The corporation or association must first offer to dedicate the common open space to the Township before any such sale or disposition of the common open space. VII-10

11 c. The dedication of common open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity shall be absolute and not subject to reversion for possible future use for further development. d. A golf course may only be counted as required common open space if it will be open for play by the general public. Areas of a golf course that include buildings, parking and vehicle driveways shall not count as common open space. 3. Conveyance of restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, association funded community trust, condominium, individual or other legal entity to insure the preservation of the common open space. In such case, the Township may allow the common open space to be lotted off to one or more adjacent feesimple lots, provided: a. The terms of such instrument of conveyance must include provisions for guaranteeing: (1) The continued use of such land for the preservation of common open space; (2) Such other conveyance and/or easement that the Township shall deem desirable to fulfill the purposes and intent of this Chapter. b. The following are prerequisites for the conveyance of easements, etc.; (1) Such conveyance of the total easements, etc., must transpire prior to any lots or dwelling units being sold, leased, or otherwise conveyed; (2) Each owner of the common open space shall be responsible for liability insurance, insurance, taxes, recovery of loss sustained by casualty, condemnation, or otherwise, and the general maintenance thereon. 4. Conveyance of title to an individual for agricultural purposes: a. Common open space may be retained by the original landowner, subdivided, or sold separately provided the terms of the instrument of conveyance include provisions suitable to the Township which shall guarantee: (1) The continued use of such land for the preservation of common open space in perpetuity; and (2) Such other conveyance and/or easement that the Township shall deem desirable to fulfill the purposes and intent of this Chapter. D. Use Regulations for Common Open Space. 1. No motor vehicle parking shall be permitted in the common open space area except to serve noncommercial recreation and allowed agricultural purposes. 2. No forestry shall be allowed in the common open space, except as may occur to remove damaged, dead or diseased trees or as may involve active reforestation according to a landscaping plan, or as may be allowed to clear space for an approved use. 3. No alteration of any stream, pond, or lake shall be permitted within prior approval by the Township. 4. In the case of land owned by a property-owner association, the agreement shall provide for a process for approval of changes to common open space by the property-owners, provided such changes are consistent with the Township-approved plan and any Township-approved revision. VII-11

12 Airport Area Protection Standards A. Purposes. This Article is adopted pursuant to the authority conferred by the State Airport Zoning Act, as amended and the State Municipalities Planning Code, as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Braden Airpark located in Forks Township, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Braden Airpark; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Braden Airpark and the public investment therein. Accordingly, it is declared: 1. That the creation of establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Braden Airpark or its successor. 2. That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of any obstructions that are a hazard to air navigation be prevented; and 3. That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that the prevention of the creation or establishment of hazards to air navigation s, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. B. Definitions for Airport Area Protection Standards. 1. Airport: Means Braden Airpark, or its successor. 2. Airport Elevation. 399 feet above mean sea level 3. Approach Surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section D of this Chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. 4. Approach. Transitional, Horizontal, and Conical Zones. These zones are set forth in this Section. 5. Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. 6. Hazard to Air Navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. 7. Height. For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. 8. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. 9. Non conforming Use. Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Chapter or an amendment thereto. VII-12

13 10. Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section D. of this Chapter. 11. Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a Trustee, a Receiver, an Assignee, or a similar representative of any of them. 12. Primary Surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section D. of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 13. Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. 14. Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. 15. Transitional Surface. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerlines extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. 16. Tree. Any object of natural growth. 17. Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. 18. Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures. C. Airport Zones. In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Braden Airpark. Such zones are shown on the Airport Zoning Map - Braden Airpark, in an area shown as Braden Airpark, consisting of one sheet dated January 3, 1983, which was prepared under the direction of the Pennsylvania Department of Transportation and is hereby incorporated as part of this Zoning Ordinance. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 1. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance 5,000 from the primary surface. Its centerline is the continuation of the centerline of the runway. 2. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. 3. Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zones do not include the approach and transitional zones. VII-13

14 4. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. D. Airport Zone Height Limitations. Except as otherwise provided in this Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: 1. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surfaces and extending to a horizontal distance of 5,000 feet along the extending runway centerline. 2. Transitional Zones. Slope 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 399 feet above mean sea level. In addition to the foregoing, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. 3. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 549 feet above mean sea level. 4. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. 5. Excepted Height Limitations. Nothing in this Chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land. E. Use Restrictions. Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. F. Nonconforming Uses. 1. Regulations Not Retroactive. The regulations prescribed by this Chapter shall not be construed to require the removal, lowering, or otherwise change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Chapter, or otherwise interfere with the continuance of a non conforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted. 2. Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing non conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of Braden Airpark. VII-14

15 G. Permits. 1. Future Uses. Except as specifically provided in (1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Chapter shall be granted unless a variance has been approved in accordance with this Section. a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree would extend above the height limits prescribed for such zones. b. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones. c. In the area lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Chapter. 2. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a non conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. 3. Non conforming Uses Abandoned or Destroyed. Whenever the Zoning Officer determines that a non conforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 4. Variances. Any person desiring to erect or increase the height of any. structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Chapter, may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed in accordance with the requirements of Article XI and a further finding that the variance will not create a hazard to air navigation. Additionally, no application for variance to the requirements of this Chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. VII-15

16 5. Obstruction Marking and Lighting. Any permit or variance may, if such action is deemed advisable to effectuate the purpose of this Chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, and maintain, at the owner s expense, such markings and lights as may be necessary. H. Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. I. Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this Section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. VII-16