MapLink™ | General Requirements

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Ambience Standards
A. Noise and lighting regulations shall be as established in the Township Code, Chapter 105: Noise and Exterior Lighting.

B. Lighting of building and open spaces shall be compatible with streetlighting of abutting streets. Outdoor lighting shall be designed, installed and operated to prevent glare and excessive brightness from view on abutting and nearby properties.

C. Height of lighting sources for walkways, driveways and surface parking areas shall not exceed 12 feet above surrounding/finished grade, unless it can be demonstrated that taller lighting would not increase light spillage or glare onto adjacent properties.

D. Lighting sources for parking garage rooftop decks shall be shielded to protect adjacent streets and properties from light glare. Interior light sources within footprints along the perimeter of garages shall not be visible from surrounding streets and properties.
Architecture Standards
A. Intent.
(1) Architecture standards shall serve to support the visual character of the Township that is representative of its long-standing emphasis on beauty and cultural history and as well for energy conservation and resilient design. The Township's historic buildings set the example for massing, scale, material quality, and styles.
(2) Building massing and architectural expression shall relate to public and open space, with attention to sidewalk pedestrian experiences, long views, terminations of axial vistas, intersections of public space, ground plane changes and the skyline silhouette. A new building shall respect the integrity of the existing buildings of its district setting through consistency in location on the lot, scale and materials. In historic settings, architectural design shall maintain established building scale, proportions, and style, and architectural features shall be utilized to reduce new building mass and bulk that contrasts with the surrounding building scale.
B. Applicability.
(1) The architectural standards shall apply to new construction in all districts and all buildings and structures in the Historic Resource Overlay District.
(2) The architectural standards shall apply to changes to the exterior of all existing buildings and structures visible from the public way.
C. Exterior wall materials, including building, street screens and garden walls and fences, windows and doors, shall be of a quality that ensures longevity and resilience. Additionally, the following regulations apply:
(1) In NC, LDR, MDR, VC, TC, LI, RHR, CAD, and I Districts, exterior wall materials of new construction shall only include native stone, cast stone, brick, stucco over masonry, wood, cementitious board, metal or glass. Vinyl siding is permitted in LDR and MDR Districts.
(a) Building walls shall minimize variety, and the number of exterior materials shall be limited to four, not including glass.
(b) Materials shall change along a horizontal or vertical joint, and the change shall correspond to a change in the plane of the wall.
(c) Materials that change along a vertical line shall reflect a building rhythm, such as an historic building or storefront or narrow property width.
(d) Materials that change along a horizontal line should place the heavier material below the lighter.
(2) Windows shall not be flush-mounted and shall be inset from the exterior wall a minimum of three inches.
(3) Roof materials shall be of a quality that ensures longevity and resilience. When used, sloped roofs shall consist of slate (natural or synthetic), clay tile, concrete tile, shingle (wood, fiberglass or asphalt composition), and metal standing seam.
D. Storefronts.
(1) Storefronts shall comply with the facade type requirements in Table 3.5.2, Facade Types, which includes the requirement for a minimum of 50% of the ground floor frontage to be glazed.
(2) Additionally, storefront elements, such as windows, doors, signage, awnings, and lighting, shall be designed as a unified composition and shall be made of masonry, wood, metal or glass.
(3) First floor storefront facades shall have a minimum glazing according to storefronts in Table 3.5.2, Facade Types, as measured between the floor and the ceiling, including the glass area of the front door.
(4) Storefront glass shall be clear with no more than 10% tinting. Reflective, bronze, smoked, heavily tinted or black glass shall be prohibited.
(5) Storefront paint shall be high-gloss.
(6) In NC, VC and TC Districts:
(a) Storefront facades shall have a minimum twelve-inch- and maximum forty-two-inch-high solid bulkhead at sidewalks. See Figure 3.9.1, Storefront Configuration below. Building walls with window and door areas less than 25% of the wall area, including exposed party walls, shall be designed as a façade with details such as masonry courses, mouldings, and blank windows.
 
Figure 3.9.1. Storefront Configuration

 
(b) The greatest dimension in length or depth of a mixed-use building shall not exceed 50 feet without a change in building plane of a least four feet. The change in building plane may exceed the maximum setback requirement by up to four feet.
(7) Crawl spaces and basements are regulated as follows:
(a) In LDR and MDR Districts: Crawl spaces and basements shall be enclosed or screened with maximum 30% transparency.
(b) In NC, VC, TC and I Districts: Crawl spaces and basements shall be enclosed or screened with maximum 30% transparency on all sides, and may allow pedestrian entry from the rear or interior side.
E. Reflective surfaces that can create glare, excluding glass, solar panels, and low-sloped roof applications, shall not be permitted.
F. Variation in the architecture standards required in each district may be granted by the Board of Commissioners by conditional use where it is demonstrated that:
(1) The structural integrity of an existing building will be compromised by adherence to those standards.
(2) Application of the standards to an existing building would be so at variance to the design of the structure as to defeat the intent of this section or would not be economically feasible.
Building Height
A. Building height is limited as follows:
(1) Building height shall be measured from the mean grade at the corners of the building to the top of the roof. If no building is located on the lot, the building height shall be measured from the mean grade of the corners of the proposed building.
(2) Building stories are measured as specified in this section. Building story measurement shall begin at the established first floor elevation above the mean grade.
(3) Stories are measured from finished floor to finished floor for multistory buildings and finished floor to the top of roof for single-story buildings.
(4) Nonresidential buildings may exceed maximum single-story height subject to compliance with maximum height.
(5) Mezzanines that occupy more than 50% of the floor below the mezzanine area count as an additional story.
(6) Basements visible from a frontage may extend up to a maximum three feet above grade.
(7) On sloped lots where the finished grade is more than two feet above or below the existing grade, the mean grade shall be established as follows:
(a) If the finished mean grade is more than two feet higher than the existing mean grade, the mean grade is measured at the corners of the proposed building using the existing grade elevations.
(b) If the finished mean grade is less than two feet lower than the existing grade, the mean grade is measured at the corners of the building using the proposed finish grade elevations.
B. Residential dwellings and buildings.
(1) A residential story is limited to 14 feet maximum but the total height of the building shall be subject to the height limits as per its underlying district requirements.
(2) First floor elevation shall be a minimum of 12 inches off the ground, unless specified otherwise in § 155-3.5: Frontages, and Table 3.5.2.
(3) First floor elevation shall be established as per its underlying district requirements.
C. Nonresidential and mixed-use buildings.
(1) A ground floor story shall be 24 feet maximum, but the total height of the building shall be subject to the height limits as per its underlying district requirements.
(2) First floor elevations shall be established as per its underlying district requirements.
D. Parking structures.
(1) Each parking structure shall be limited to the maximum height permitted in their underlying district.
E. Vertical projections, not used for human habitation, may exceed maximum building height as specified in their underlying districts.
F. Mechanical equipment on a roof shall be enclosed by parapets or other similar screening of the minimum building height necessary to shield it from abutting streets and adjacent properties at ground level of the joint property line and may extend above the maximum building height as specified in their underlying districts. This shall not apply to BMMD and BMV Districts.
Fences and Walls
A. General information, see § 155-3.7A.

B. Fence and wall height requirements, see § 155-3.7B.

C. Fence and wall configuration, see § 155-3.7C.

D. Fence and wall materials, see § 155-3.7D.

E. Retaining walls. The height of retaining walls shall not exceed six feet within the setback and shall not exceed eight feet beyond the setback.

F. Should a sequence of retaining walls be required, they shall be spaced at minimum intervals as specified in their underlying districts. Retaining walls shall be spaced at minimum intervals of 10 feet, except in LDR Districts.

G. Ball netting when associated with an athletic field or outdoor sports court is not considered a fence. Ball netting shall be screened with landscape material capable of providing a sufficient screen up to 15 feet to 20 feet in height. The landscape screen shall be located between the ball netting and the right-of-way.

H. When the Board of Commissioners finds that a significant need is met by the erection of the fence, the Board of Commissioners may approve a higher fence when such a fence is requested in conjunction with the approval of a development plan.
Frontages
A. Lot frontages, see § 155-3.5A.

B. Frontage occupation
(1) Frontage occupation is regulated according to the underlying zoning district. Frontage occupation standards apply to all primary frontages. The following elements shall be excluded from the frontage occupation calculation:
(a) Pedestrianway;
(b) Pedestrian forecourt;
(c) Required minimum setbacks;
(d) Required change in building plane in compliance with § 155-3.9D(6); and
(e) Public gathering space - in compliance with Chapter 135: Subdivision and Land Development, § 135-4.6B and only in VC and TC Districts.
C. Setbacks
(1) Buildings shall be set back from lot lines according to the underlying zoning district.
 
D. Frontage yards, see § 155-3.5D.

E. Landscaping in frontage yards is subject to the requirements of Chapter 128: Shade Trees.

F. Frontage yards are subject to the requirements of  Table 3.5.1, and the following:
(1) The following structures and equipment are prohibited in frontage yards:
(a) Pools, Jacuzzis, spas, hot tubs, tennis courts, and their related enclosures, pumps, and equipment;
(b) Air conditioning compressors, except as specified in § 155-3.6G;
(c) Emergency generators, except as specified in § 155-3.6G;
(d) Dumpsters;
(e) Parking structure ventilation;
(f) Drive-throughs; and
(g) Electrical transformers;
(h) Vehicular fueling device (gas pump, electric vehicle charging station).
[1] Private electric vehicle charging stations are permitted in residential districts, provided that they meet the principal building setback of the underlying zoning district and the following:
[a] The private electric vehicle charging station shall be placed as close to the principal building as practical.

[b] The height of the private electric vehicle charging station shall not exceed four feet.

[c] The private electric vehicle charging station shall be screened from view from any frontage or any abutting residential property, to the extent practical and feasible.
 
G. Any portion of a primary frontage in MDR3, VC, RHR, and TC not occupied by buildings, driveways, forecourts or walkways shall be lined with a street screen as follows:
(1) Street screens shall meet the fencing and wall standards for the frontage yard type and § 155-3.7: Fences and walls.
(2) Street screens shall be coplanar with the primary building facade or located further into the lot than the facade.
(3) Parking and service areas may not be located between street screens and the street.
 
H. Building entries.
(1) Building entries in MDR, VC, RHR, and TC shall be provided at frontages as follows:
(a) The primary building entrance shall be located along the primary frontage.
(b) One building entry shall be provided for every 60 feet of building facade, except for entirely residential buildings which shall provide a minimum of one building entry every 80 feet of facade leading to a habitable space.
(2) Design of building entries for mixed-use buildings shall differentiate entrances for residential and commercial uses.
(3) Entries for multifamily buildings shall provide protection from the elements with canopies, marquees, recesses or roof overhangs.
(4) Residential building entries at grade are regulated as follows:
(a) Single-family residential buildings shall be raised above average sidewalk grade according to Table 3.5.2.
(b) Multifamily residential buildings shall be raised above average sidewalk grade according to Table 3.5.2.
(c) Mixed-use and nonresidential building entries shall be at sidewalk grade.
I. Facade types, see § 155-3.5I.
Landscape Standards
A. Intent. Landscape and open space shall serve to: benefit environmental well-being, including ecological and natural systems connectivity, heat-island control, stormwater management and runoff; reduce visual impacts of development on abutting properties and surrounding neighborhoods; provide amenable exterior spaces for human use, including naturalistic or formally defined outdoor rooms and sequences; and, support the intentions of architectural and urban design character, massing and spatial sequence.

B. Landscape buffer standards shall be as established in the Township Code, Chapter 135: Subdivision and Land Development, § 135-5.2: General landscaping and buffer plantings design guidelines, § 135-5.7: General landscape design criteria and § 135-5.8: Plant material and planting specifications.

C. Landscape buffers shall, in the opinion of the Director of Building and Planning, provide a visual screen, as outlined in Chapter 135: Subdivision and Land Development, § 135-5.2D(4). Pedestrian access through the buffer shall not be limited.

D. Landscape buffers shall be as required in the underlying district. Additionally the following regulations apply:
(1) Where required, landscape buffers shall be used for no other purpose than planting and screening, with the exception of pedestrian pathways and shall conform to the landscape buffer requirements in Chapter 135: Subdivision and Land Development.
(2) Access through buffer areas.
(a) There shall be no more than one vehicular entrance and one vehicular exit from each lot to any street.
(b) A pedestrian accessway up to six feet in width may be provided through a buffer area to improve connectivity.
(c) Additional entrances and exits in the buffer area may be permitted when authorized as a conditional use.
 
E. Greening standards in Chapter 135: Subdivision and Land Development, § 135-5.5: Greening standards, shall apply in TC, VC, BMV, RHR, and CAD Districts.

F. Shade tree and large canopy trees standards in Chapter 135: Subdivision and Land Development, § 135-5.1: Shade trees and large canopy trees, shall apply in all districts, unless otherwise specified in the underlying district.
Lot Occupation
A. Lots shall conform to the minimum lot width and area requirements of their underlying district. The minimum lot width of the lot at the building line shall be the minimum lot width required at the street line for lots in the zoning district in which the lot is located. Minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street.

B. A building shall be located in relation to the boundaries of its lot as specified for its underlying district, according to the underlying zoning districts. Additional regulations to setbacks shall apply for lots abutting a property of lesser density and shall be as specified in the building's underlying district.

C. One or more buildings may be built on each lot, subject to compliance with the lot standards of the district in which they are located.

D. Where a maximum setback is specified, it pertains only to the amount of building facade required to meet the minimum primary frontage lot occupation requirements of the underlying district.

E. Lots shall have a minimum of one frontage facing a street; and shall have the primary entrance on the primary frontage.

F. Accessory buildings and structures shall be erected to the rear of the principal building and may project into the reduced side or rear yard setback as established in the form tables of the underlying district, subject to compliance with the following:
 
(1) They shall be subordinate in height to the principal building and are limited in height as established in § 155-3.3, Building height.
(a) Accessory buildings in the principal building envelope shall be limited to two stories or 20 feet in height.
(b) Accessory buildings built in the reduced side and rear setback shall be limited in height to one story or 15 feet.
 
(2) Accessory buildings shall be designed to be similar to and compatible with the principal building.
 
(3) Exception. If there is 45 feet or less between the rear of the principal building and the rear lot line, the minimum setback from the rear of the principal building shall be reduced to 10 feet.

G. Multiple principal buildings on a residential lot.
(1) For buildings less than three stories, the distance between two or more principal buildings on the same lot shall be a minimum of 20 feet or no less than the height of the taller building, whichever is greater.
(2) For buildings three stories or more, an additional five feet of separation is required for every additional story.
 
H. Corner lots.
(1) On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained or other obstacle be placed so as to cause danger to traffic on a street by obscuring the view.
(2) Corner lots in LDR and MDR1 Districts shall be in compliance with Article IV: District Specific Standards.
(3) Corner lots shall have two front setbacks, one side setback and one rear setback, as illustrated in Figure 3.5.1, Primary Frontage.
(4) Any portion of a lot fronting on a street shall be subject to a front setback.
 
I. Predominant setback. The minimum front setback for new buildings and frontage yard additions to existing buildings shall be equal to the predominant setback, and subject to the following standards:
(1) Applicability. The predominant setback standard shall apply to new buildings and frontage yard additions to existing buildings in the following zoning districts:
(a) LDR4.
(b) MDR1.
(c) MDR2.
(d) MDR3.
(2) The predominant setback is determined by calculating the median front setback of existing principal buildings on the same side of the street as the subject property, and within 200 feet on either side of the subject property's lot line as measured along the street line.
(3) The following shall be excluded from the calculation of predominant setback:
(a) Buildings occupied by a nonresidential use located within 200 feet of the property in a nonresidential zoning district shall be exempted from the predominant setback calculations.
(b) Rear lots.
(4) If there are fewer than three qualifying principal buildings, the predominant setback shall not be used, and the front setback shall be that specified in the lot's underlying district.
Moderate-Income Housing
The total number of residential units and/or the amount of commercial space may be increased when an application provides on-site housing opportunities for a mix of household incomes, including both market-rate housing and housing that is affordable to moderate-income households, and provided that such units shall be so maintained by a covenant running with the land. Price and income guidelines for moderate-income households shall be as defined by the Pennsylvania Housing Finance Agency (PHFA) Keystone Home Loan Program income guidelines in effect at time of application. Developers and subsequent transferees of moderate-income units shall provide documentation showing compliance with these family incomes and rental/purchase price limits. The amount of the density increase shall be noted on the plan and recorded in the deed.
Nonconformities
A. Statement of intent. It is the intent of this section to provide for the continuance of lawful existing uses, structures, lots, and signs which would be prohibited or restricted under the terms of this Zoning Code, as adopted, and to subject such uses, structures, lots and signs to reasonable regulations and restrictions for the protection of the public health, safety and welfare.

B. Nonconforming uses: continuance, discontinuance, and changes.
(1) Continuance. The lawful use of a building or land existing on the adoption date of this chapter or any amendment thereto may be continued although such use does not conform to the provisions of this chapter.

(2) Unlawful use. If a lawful nonconforming use of land or of a building ceases for any period of time and if a use is made thereof which is unlawful under the terms and conditions of this chapter, the prior nonconforming use may not thereafter be continued, and subsequent use of such land or building shall be in conformity with the provisions of this chapter.

(3) Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of six months or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

(4) Changes.
(a) A nonconforming use of a building or of land may be changed only to a use which is permitted in the zoning district in which the property is located.
(b) Once changed to a conforming use, no structure or land shall be permitted to revert to the previous nonconforming condition or use.
 
(5) Restoration of a building occupied by a nonconforming nonresidential use. The nonconforming nonresidential use in a building which has been damaged or destroyed by purpose, neglect or accidental cause may not be continued or transferred to any reconstructed portion of the building unless such damage or destruction occurred to an extent of not more than 75% of the habitable floor area, and:
(a) The restored building does not exceed in height, area or volume the building damaged or destroyed; and
(b) Reconstruction is commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption.
 
(6) Restoration. The nonconforming residential use in a building which has been damaged or destroyed by accidental cause may be reconstructed to the same footprint and use as existed prior to the accidental incident, subject to the following;
(a) The reconstructed building does not exceed in height, area or volume the building damaged or destroyed; and
(b) Building reconstruction is commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption.
 
(7) Maintenance. Nothing in this section shall prevent the strengthening or restoration to a safe condition of any walls, floor, foundation, or roof of a building occupied by a nonconforming use which building has been declared unsafe by the Township Building Code Official.

(8) Extension or expansion. A building occupied by a nonconforming use and the nonconforming use within a building or on a lot as it existed in size and scope on the date it first became nonconforming may be expanded or extended, subject to the following:
(a) Expansion within a building. A nonconforming use within an existing building may be expanded within the building, provided that the expansion does not exceed 25% of the building area devoted to the use on the date the use became nonconforming. The term "area devoted to the use" shall include the total floor area within the building devoted to the nonconforming use. This right of expansion shall be applied separately to each building on the lot.
(b) Expansion of an existing building. A building occupied by a nonconforming use may be expanded and occupied by that nonconforming use, provided that the expansion does not exceed 25% of the floor area devoted to the use on the date it first became nonconforming.
(c) Expansion to the exterior of a lot. If the exterior of a lot is used for a nonconforming use, the exterior lot area devoted to the nonconforming use may be expanded by no more than 10% of the area devoted to the use on the date it first became nonconforming.
(d) Any extension or expansion of a nonconforming use shall conform to the requirements of this chapter.
 
C. Dimensionally nonconforming buildings or structures. Buildings or structures that are nonconforming to the dimensional requirements in this chapter related to height, yard, setback, buffer, or floor and building area, shall be subject to the following:
(1) Continuation. An existing dimensionally nonconforming building or structure lawfully constructed on the effective date of this chapter or any amendment thereto by which it became nonconforming, or authorized by a building permit issued prior thereto, may be continued.

(2) Restoration.
(a) A nonconforming nonresidential building or structure which has been damaged or destroyed by purpose, neglect or accidental cause to an extent of not more than 75% of the floor area may be restored, provided that reconstruction shall be commenced within one year from the date the building or structure was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption. Otherwise it may not be restored.

(b) A nonconforming residential building, accessory building or accessory structure which has been damaged or destroyed by purpose or neglect may not be restored. However, if destroyed by accidental cause, it may be reconstructed to the same footprint as existed prior to the accidental incident, provided that the building does not exceed in height, area or volume the building damaged or destroyed. Building reconstruction must be commenced within one year from the date the building was damaged or destroyed, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit, and reconstruction shall be carried on without interruption. Otherwise it may not be restored.
 
(3) Extension or expansion. A building that is nonconforming to the setback requirements in this chapter may be expanded or extended horizontally subject to the following limitations:
(a) The extension shall maintain any nonconforming setback and shall not extend closer to the street line or property line than the existing nonconforming building.
(b) The maximum height of any single-story extension in the required setback shall not exceed 16 feet above ground level unless the extension is a minimum of 10 feet from the property line.
(c) If the extension is a minimum 10 feet from the property line, a second story shall be permitted to a maximum building height of 30 feet.
(d) Any extension or expansion shall conform to the requirements of Article III: General to Districts, Article IV: District Specific Standards, Article VII: Conservation and Preservation Overlays, Article VIII: Parking Standards, and Article IX: Sign Standards.
(e) The maximum length of the extension in the required setback shall be 20 feet.
(f) The maximum floor area of the extension permitted in a required setback is 400 square feet per floor.
(g) No portion of the extension may project into any other required setback.
 
D. Lots nonconforming as to area and width regulations
(1) No structure may be erected on any dimensionally nonconforming lot unless it was held on the date it became nonconforming in single and separate ownership and provided that all other requirements of the district in which the lot is situated are complied with.

(2) Where structures having less than the required front yard exist on a majority of nonconforming lots of record that share common side property lines, the required front yard on each nonconforming lot, whether or not improved, shall be reduced to the average front yard of all such structures in the same block and on the same side of the street.
 
E. Identification and registration of nonconforming uses and nonconforming buildings or structures. The Zoning Officer shall, upon request, identify and register nonconforming uses and nonconforming buildings or structures.

F. Nonconforming site improvements.
(1) Where nonconforming site improvements not including buildings exist, such as walls, off-street parking, or similar site improvements, such nonconformities may continue, and the nonconforming site condition may be altered only as provided below.
(a) No change shall be made in any nonconforming site improvement which increases the nonconformity.
(b) Where existing off-street parking facilities are nonconforming to the requirements of this Code or any other Township standards, the restoration or rehabilitation of an existing building is permitted but shall not increase the degree of the existing parking nonconformity.
 
(2) Nonconforming impervious coverage. A lot or lots nonconforming to the impervious coverage provisions in this chapter shall be subject to the following:
(a) Nonconforming impervious coverage levels may not be increased, unless otherwise permitted by the Zoning Code.
(b) When more than 75% of the impervious coverage is removed, the lot or lots shall conform to the underlying impervious coverage provisions. This requirement does not apply to existing parking lots that are only being restriped or resurfaced.
(c) When a lot or lots are being developed and 75% or less of the impervious surface is removed, the lot or lots shall be subject to a building coverage limit that is no greater than 80% of the maximum impervious coverage permitted in the underlying zoning district.
 
(3) Nonconforming fences. A fence nonconforming to the fence provisions in this chapter shall be subject to the following:
(a) Nonconforming fences may only be replaced with conforming fences.
[1] Nonconforming solid fences over 36 inches along primary frontages shall be permitted to remain, provided that they are required for meeting building code safety requirements as determined by the Director of Building and Planning.
[2] When any portion of a nonconforming fence is replaced where a gate or gates are required for maintenance, the gate or gates shall be installed to bring the fence into conformity.
[3] When any section of a nonconforming fence which has the nonfinished side facing towards a street or neighbor is replaced, the replaced fence section is required to have the supporting members and posts be on the inside of the fence and the smooth or flat/finish faces on the outside. If both sides of the fence are finish sides with support posts screened, each face shall be of the same type and finish.

(b) When a nonconforming fence is damaged, destroyed, or removed for any reason, no more than 25% of the fence may be replaced in the same nonconforming fashion. This provision can only be applied one time.
 
G. Nonconforming signs and signs on nonconforming use premises. Refer to § 155-9.7: Nonconforming signs; signs on nonconforming use premises; signs on nonconforming use premises.

H. Nonconforming wireless telecommunications. Refer to § 140-12: Nonconforming wireless communication facilities.
Parking Standards
Minimum required parking.
A. Parking is determined by district according to Table 8.1, Minimum Parking Requirements.
B. Minimum required parking is calculated as the sum of parking required for each use on a site, as specified in Table 8.1, Minimum Parking Requirements, and is measured as follows:
(1) All uses within the subject lot are added to determine the minimum required parking.
(2) When computation or requirements result in a fractional number, fractions greater than or equal to 0.5 are rounded up and less than 0.5 are rounded down.
(3) Residential required parking is calculated by the total number of dwelling units and/or accessory dwelling units on the subject lot.
(4) Hotel and lodging required parking is calculated according to the number of available bedrooms.
(5) Required parking is calculated according to the total floor area of each use, except where specified otherwise.
(6) Where required parking specifies staff counts, the calculation utilizes the maximum staff count during the busiest shift.
(7) Where required parking specifies seats for assembly, bench seats are counted as one seat for every three feet.
Parking reductions.
A. Applicability.
(1) Only one parking reduction may be applied to a lot. The parking reductions below shall not be cumulative.
(2) In LDR and MDR, the minimum parking required for a dwelling unit shall not be reduced to less than one parking space per unit.
(3) The parking reduction shall be applied to the overall total number of parking spaces required.
(4) Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than required for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be reduced below the requirements of this chapter.
(5) This provision shall not apply to a place of assembly in the Bryn Mawr Village District (BMV), where one off-street parking space for place of assembly use can be removed for each metered space allocated to that place of assembly in a municipal parking lot.
 
B. Minimum required parking may be reduced according to the following:
(1) Shared parking.
(a) Shared parking reductions are available for multiple uses on:
[1] Single or multiple adjacent sites under single ownership; and
[2] Multiple contiguous sites with a shared use parking agreement sharing parking facilities.
(b) A shared parking agreement, approved by the Building and Planning Department, shall be filed with the Zoning Officer.
[1] The owner of the shared parking facility shall guarantee availability of the required spaces for the associated use and meet their minimum requirement.
[2] The shared parking facility may utilize shared parking to reduce the total spaces within the facility in accordance with Table 8.2.1, Mixed Use and Shared Parking.
(c) Shared parking location.
[1] The shared parking facility shall be located within 900 feet, measured from lot line to the center of the parking facility, of the associated use.
[2] Shared parking shall be calculated according to Table 8.2.1, Mixed Use and Shared Parking, and located as required in § 155-8.4: Parking location.
(d) Shared parking shall be calculated using the peak demand calculations listed in Table 8.2.1, Mixed Use and Shared Parking, as follows:
[1] First, calculate the minimum amount of parking required for each land use as if it were a separate use.
[2] To determine the peak parking requirements, multiply the minimum parking required for each proposed land use by the corresponding percentage in the table below for each of the time periods.
[3] Calculate the column total for each time period.
[4] The column (time period) with the highest value shall be the minimum parking requirement.
Reserve parking.
The minimum required parking of Table 8.1, Minimum Parking Requirements, above may be held as reserve parking without actually paving the spaces, when authorized as a special exception. If land development approval is required for the proposed improvements, including the additional parking spaces, authorization shall be by conditional use approval from the Board of Commissioners, rather than by special exception. The grant of authorization by either board shall be subject to the following:
 
A. Expansion of use. Where a use regulated by Table 8.1, Minimum Parking Requirements, is being expanded and the Board determines that the additional number of parking spaces required by this expansion are not currently needed, it may authorize the applicant to hold in reserve the number of spaces that the Board determines are not currently required to meet the needs of the uses to which the property will be put.

B. New or changed use. Where a new use regulated by Table 8.1, Minimum Parking Requirements, is created or there is a change of use on the property, and the Board determines that the number of parking spaces required is not currently needed, it may authorize the applicant to hold in reserve up to 50% of the total number of spaces required.

C. All uses utilizing parking held in reserve, as part of a land development approval, shall comply with the following transportation demand management policies and plan:
(1) The parking spaces required in § 155-8.1: Minimum required parking may be held as reserve parking, as outlined above, subject to the submittal and approval of a transportation demand management plan in compliance with § 135-8.5: Transportation demand management plan when approved through land development by the Board of Commissioners. The grant of authorization for the reserve parking shall be subject to the following:
(a) The Board of Commissioners may reserve the required parking spaces if the applicant can demonstrate in the transportation demand management plan that such spaces are not necessary for the proposed use as a result of the availability and use of transportation modes other than the single-occupant vehicle.

(b) In order to qualify for the parking reduction, the applicant must demonstrate to the Board of Commissioners' satisfaction that at least three of the following transportation demand management measures improve availability and use of transportation modes other than the single-occupant vehicle (one from Column A and two from Column B). See Table for details.
 
(2) The applicant must agree in a recorded covenant, approved by the Township Solicitor, to install the reserve parking spaces at any future time and setting forth the transportation demand measures that will be implemented and maintained if the Board of Commissioners determines:
(a) The reserve parking spaces are needed to accommodate the use of the property; or
(b) The approved transportation demand management plan is no longer being implemented.
 
D. The applicant must document that the full number of required parking spaces can be paved without violating any applicable provisions of this chapter. When constructed, the reserve parking must meet all applicable provisions of this chapter as of the date the construction permit is sought.

E. The applicant shall install stormwater management facilities, as required by the Township, for the total required number of parking spaces, including those held in reserve, unless the applicant demonstrates to the Board's satisfaction that the economic and practical benefit of currently installing such facilities for the reserve parking spaces is not significant when compared to the destruction that would be caused to natural features on the site.

F. The applicant must agree in a recorded covenant, approved by the Township Solicitor, to install the reserve parking spaces at any future time if and when the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property. The applicant may appeal such order to the Zoning Hearing Board.

G. Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces required shall be fully designed, and the area held as reserve parking shall be clearly designated on the plan. The reserve parking area shall be considered in calculating the impervious surface ratio. The parking reserve area shall be planted with vegetative cover and integrated into the site's land development plan. Such area shall be required to be developed as designed if and when the Zoning Officer determines.
 
Parking location.
Minimum required parking may be provided in the following locations:
A. Off-street within the same site as the associated use;
B. Off-street within a shared parking facility shall be provided as required in § 155-8.2B(1)(b).
C. Parking location is limited as follows:
(1) Surface parking and freestanding parking structures shall be located between the structure and a rear lot line, where feasible, shall be masked from frontages by a building, liner, or street screen and located as required in their underlying district and the following.
(a) Outdoor surface parking spaces and the approaches thereto shall be paved or covered with gravel or other types of stones.
D. Garage location, if provided, shall be the following:
(1) Detached garages shall be located as required in their underlying districts.
(2) Attached garages for residential, if provided, shall comply with the following:
(a) Attached garages shall be located on the secondary façade, where feasible. If the attached garage is along the primary front façade, it shall be stepped back a minimum of 20 feet.
(b) Garages with individual doorways shall be a maximum of 30% of the width of the façade.
(c) Corner or multiple frontage lots shall locate the attached garage on the secondary façade.
(3) Building area previously used as a private garage with existing driveway access may be converted back to a garage. No change is permitted to the existing footprint.
 
Parking access.
A. Off-street parking for single-family residential is permitted as follows:
(1) Driveways are limited to 10 feet in width from the cartway to the building setback.
(2) Two separate driveways on one lot shall have a minimum separation of 30 feet.
(3) Shared driveways less than 100 feet in length shall not count towards impervious surface for the portion that is shared.
 
B. Parking access should be combined between adjacent sites, where feasible.

C. Vehicular access to off-street parking is restricted from the cartway to the building setback as follows:
(1) Driveways are limited to:
(a) MDR (1-2): 12 feet in width.
(b) MDR3, VC, TC, BMV, and RHR: 20 feet in width, unless it is determined by the Township Engineer that a wider driveway is necessary.
(2) Curb cuts are permitted as follows:
(a) Lots under 10,000 square feet are restricted to one curb cut.
(b) Lots from 10,000 square feet to 40,000 square feet are permitted a maximum of two curb cuts, at a minimum spacing of 125 feet.
(c) Lots over 40,000 square feet are permitted one curb cut for every 200 feet of frontage.
(d) Alleys count as one curb cut.
 
Off-street parking layout and design.
A. All off-street parking stalls and aisles shall be dimensioned according to Table 8.5.1, Off-Street Parking Minimum Dimensions, and the following:
(1) Parking space width is measured from the center line of stripes.
(2) Tandem parking is permitted for single-family residential uses, according to the following:
(a) Tandem parking is limited to two spaces per each tandem space.
(b) Tandem parking is not permitted in the front setback.
(3) Compact car parking may be provided for up to 30% of required parking spaces.
(a) Compact car spaces shall be according to Table 8.5.1, Off-Street Parking Minimum Dimensions.
(b) Compact car spaces shall be clearly marked or posted for "Compact Cars Only."
(c) In order to utilize the compact car parking provisions, the use and parking facility design shall demonstrate the ability to meet the minimum parking requirements with standard parking dimensions.
(4) Electric vehicle parking spaces. See Chapter 135: Subdivision and Land Development, § 135-4.9R.
See Table 8.5.1, Off-Street Parking Minimum Dimensions for detailed parking information.
 
B. Off-street parking facilities shall have a minimum vertical clearance of 98 inches. If the facility is used for loading, the minimum clearance is 15 feet.

C. Surface parking lots should be configured to allow for shared access and circulation with adjacent surface parking lots, where feasible.

D. Off-street parking shall be visually screened per the following:
(1) Off-street parking may be screened by buildings or street screens.
(2) Parking structures shall be screened by buildings or ground floor facades a minimum 30 feet deep, for a minimum 75% of the facade length along the ground floor, as illustrated in Figure 8.5.3, Liner Building, below.
 
Figure 8.5.3. Liner Building

(3) Parking structures shall screen the upper floors, as illustrated in Figure 8.5.2, Ground Floor Liner, below.
 
Figure 8.5.2. Ground Floor Liner
 
(a) Opaque facade elements providing openings shall be a maximum 50% of the wall area of each floor.
 
(4) Street screens shall be masonry, metal, composite, or a combination thereof, as illustrated in Figure 8.5.1, Street Screen, below.
 
Figure 8.5.1. Street Screen

 
(a) Street screens shall be between four and eight feet in height and be 50% open above three feet. Planting may be located behind the street screen.
(b) Openings in the street screen shall be no wider than 24 feet.
(5) Street screens shall be located within the setback.
 
Loading, unloading and queuing.
A. Shared loading areas are permitted as follows:
(1) Each building served shall have direct access to the shared loading area without crossing streets or alleys.
(2) Loading spaces within a shared loading area shall meet the minimum required spaces for each building served.
B. Loading and queuing shall not block on- or off-site through traffic or required parking, or pedestrian circulation.
C. Drive-through queuing shall be permitted as follows:
(1) A minimum of at least 200 linear feet shall be provided as storage area for vehicles awaiting service for drive-in facilities and uses. The required 200 feet may be provided in one or more usable lanes and shall be measured from the right-of-way line of the street to the window or other place in the building where the vehicle must enter or pass for service. The storage areas shall be designed so that vehicles awaiting service will not back out into the street.
(2) Shall not be visible from primary frontage.
(3) Shall be separated from any other drive-through by a minimum 1,000 feet.
(4) Shall not obstruct any required parking spaces.
 
Bicycle parking requirements.
A. Minimum bicycle parking requirements are as follows:
(1) Bicycle parking requirements are according to Table 8.7.1, Minimum Bicycle Parking Requirements, below.
See Table 8.7.1, Minimum Bicycle Parking Requirements for details on bicycle parking.
(2) Bicycle parking requirements within the public right-of-way shall be coordinated with Public Works.
B. Bicycle parking configuration is required as illustrated in Figure 8.7.1, Bicycle Parking Clearance, below, and the following:
(1) At least five feet from fire hydrants.
(2) At least four feet from loading zones and street signs.
(3) At least three feet from driveways and manholes.
(4) At least two feet from utility meters and tree planters.
 
Figure 8.7.1. Bicycle Parking Clearance
 
C. Bicycle parking located along private or public streets is subject to the following:
(1) Bicycle racks installed parallel to curbs shall be set back from the curb a minimum of two feet.
(2) Bicycle racks installed perpendicular to curbs shall allow for a minimum clearance of two feet at the curb and five feet of pedestrianway with a 56-cm bicycle properly locked to the rack.
(3) Bicycle racks should be spaced a minimum of 36 inches apart.
(4) Bicycle racks shall allow bicycle frames to be locked at two points of contact with the rack.
D. Long-term bicycle parking shall be enclosed.
E. The Board of Commissioners may, by conditional use, hold in reserve or reduce the number of required bicycle parking spaces, provided that the applicant demonstrates that there are ample facilities available for use nearby. The conditional use standards of § 155-11.1F shall apply.
Prohibited Uses
No building may be erected, altered or used and no lot or premises may be used for any trade, processing or business which is noxious, offensive or a public nuisance by reason of odor, dust, smoke, gas, vibration, illumination, noise or the emission of electronic or magnetic waves, or which constitutes a public hazard, whether by fire, explosion or otherwise.
Projections
A. Projections are regulated according to the following:
All projections into public rights-of-way shall provide a minimum vertical clearance of eight feet, unless otherwise specified, and shall follow clearance and sight line regulations according to Public Works.
 
B. Projections are permitted according to the following:
(1) Roof overhangs, cornices, eaves, gutters, chimneys or windows may project up to 18 inches into the required setbacks.
(2) Bay and bow windows may project up to three feet into the front and rear required setbacks and up to 18 inches into the required side setbacks.
(3) Steps and canopies over entrances may project into the required setbacks up to four feet. The length along the supporting wall of a projecting canopy over an entrance may not exceed eight feet, or a maximum of two feet beyond the door opening, whichever is less. The canopy may also include up to two supporting columns.
(4) Balconies are regulated as follows:
(a) They may project into the front and rear setback up to three feet and into side setbacks up to 18 inches.
(b) They shall not occupy more than 40% of the length of the facade.
 
C. Porches.
(1) On dwellings and multifamily buildings, an open porch may project into the required setback according to Table 3.5.2, Facade Types, and the following requirements:
(a) Project into the required front and side setbacks as follows:
[1] Side and front porches may connect to form a continuous porch pursuant to this section.
(b) Steps from the porch may further project as follows:
[1] Steps up to six feet wide may project up to an additional four feet into the front setback in LDR Districts.
[2] Steps shall not extend into the side setback further than the porch permitted under this section in all other districts.
(c) The porch shall not extend into required buffers.
(d) The porch may not be enclosed nor living space or balconies erected above. Porch enclosures shall be limited to traditional porch elements, such as railings, required by the Building Code.
(e) Space beneath the porch may not be occupied.
(f) The additional impervious surface associated with the porch and steps need not be included in the calculations of the total allowable impervious surface, provided that 100% of the direct volume of stormwater generated from the additional impervious surface will be recharged for a 100-year storm event.
(g) In no case may the porch be located within two feet of any right-of-way.
(2) Enclosure of existing porches.
(a)An existing ground-level porch located in a required setback may be enclosed, provided that:
[1] The existing porch and roof were lawful when built.
[2] An existing porch roof may be repaired or replaced but a roof shall not be constructed where one formerly did not exist. No porch shall extend beyond the existing porch or roof, whichever ground area covered is less.
[3] No living space or balconies may be erected above the existing porch.
(b) An existing ground-level porch installed after November 19, 2014, located in a required front or side setback, cannot be enclosed.
D. Awnings.
(1) Awnings shall be dimensioned according to Figure 3.6.1, Awning Clearance, and the following:
(a) Awnings shall be a minimum of three feet deep.
(b) Awnings shall have a minimum vertical clearance of eight feet.
(c) Awnings shall be a maximum height of 15 feet above pavement and shall be below the cornice or frieze.
(d) Awnings may encroach into building setbacks and over sidewalks to within six feet of the curb.
(e) Where awnings are within public rights-of-way, they shall meet Public Works clearance standards to allow utility access and must retract to allow utility access.
Figure 3.6.1. Awning Clearance
 
(2) Awnings along storefronts shall attach to facades between the storefront display windows and transom windows, as per Figure 3.6.1, Awning Clearance, no less than 18 inches below the second floor window sills.
(3) Awnings shall not have bottom panels, as per Figure 3.6.1, Awning Clearance.
(4) Awnings shall be a minimum of 36 inches wide.
(5) Where multiple awnings are installed on a single tenant facade, breaks between awnings shall not exceed 12 inches.
(6) Awnings shall be made of fire-resistant canvas.
(7) Awnings may not be backlit or internally illuminated.
(8) Awnings may be externally illuminated.
(9) Round, half domed, and plastic awnings are prohibited.
(10) Awnings shall have a maximum slope of 2:3 rise over run.
(11) Awnings shall not be used as signs except as permitted in Article IX: Sign Standards.
E. Canopies.
(1) Canopies shall be dimensioned according to Figure 3.6.2, Canopy Clearance and the following:
(a) Canopies shall be a minimum three feet deep.
(b) Canopies shall have a minimum vertical clearance of eight feet.
(c) Canopies shall be a maximum height of 15 feet above pavement and shall be below the cornice or frieze.
(d) Canopies may encroach into building setbacks and over sidewalks to within six feet of the curb.
(e) Where canopies are within public rights-of-way, they shall meet Public Works clearance standards to allow utility access.
 
Figure 3.6.2. Canopy Clearance

 
(2) Canopies along storefronts should attach to facades between the storefront display windows and transom windows, as per Figure 3.6.2, Canopy Clearance, no less than 18 inches below the second floor window sills.
(3) Canopies should be continuous across the entire width of tenant facades.
(4) Canopies shall not be used as signs except as permitted in Article IX: Sign Standards.
 
F. Vestibules.
(1) Vestibules shall be permanent structures in compliance with the Building Code.

G. Generators.
(1) If, in the opinion of the Zoning Officer, a generator unit located on a lot improved with a single dwelling unit cannot be installed at a reasonably practical location in compliance with the required yard setbacks, the equipment may be installed in any required yard setback, provided: the equipment is located as close to the building as possible, per the manufacturer’s minimum clearance specifications, is fully screened with suitable plantings, fencing, or walls as seen from any frontage and from any abutting residential property, and is placed a minimum of 10 feet from a property line. A code-compliant location is not reasonably practical if, for example, it isn’t proximate to gas and utility line connections or is unreasonably restricted by other mechanical considerations.
(a) Notice of intent to apply for a generator permit for installation within a required yard setback area shall be given by the permit applicant to all property owners sharing a common property line with the applicant’s property. The notice shall include plans showing the location of the unit and the manner in which the required screening of the generator unit will be installed.
Service and Trash Area Standards
A. All outdoor storage, electrical, plumbing, mechanical, communications equipment and appurtenant enclosures, trash dumpsters and loading areas shall be located in compliance with required setbacks for principal buildings, shall be located behind the line of the facade, and screened from view from any frontage and from any abutting residential property, except across an alley. These shall not be allowed as encroachments on any setback, except for those existing at the effective date of this Code.
 
(1) Transformers shall comply with these requirements unless regulated by the Public Utility Commission (PUC) and required by the authority having jurisdiction under the PUC to be located closer to the street than the front facade of the building. If a transformer is located closer to the street as described above, the transformer shall be screened from view from the street with plantings and/or structural elements approved by the Township.

(2) The design shall be incorporated into the required landscaping plan approved by the Township.
Sporting and Physical Recreation Areas
A. No tennis court or other hard-surfaced area designed or intended to be used for sporting or other physical recreation activities shall be constructed in any required setback.

B. Artificial turf playing fields are regulated as follows:
(1) They shall not be constructed in any required setbacks, except an artificial turf field may be permitted in a front setback of a primary road.
(2) They shall not be considered as impervious surface if the artificial field is designed to be permeable and the applicant can demonstrate that the stormwater runoff coefficient of the artificial playing surface is less than or equal to grass and the drainage system is maintained to continue this runoff coefficient in the opinion of the Township Engineer.
Temporary Structures
Temporary structures such as tents, construction trailers, travel trailers, recreational vehicles, and other temporary structures shall only be allowed as per Township Code, Chapter 62: Building Construction and/or Chapter 92: Housing-Property Maintenance.
Use Regulations, General
A. In LDR and MDR Districts, only one principal use shall be permitted on a lot.
B. Any use of the same general character as any of the uses specifically permitted by right in the zoning district shall be permitted, subject to compliance with § 155-11.2G.
C. Any use permitted by special exception or conditional use can only be expanded in like manner and upon issuance of a zoning permit.
D. Any use permitted by special exception or conditional use shall be subject to the dimensional requirements of the zoning district in which it is located, unless specified otherwise.
E. Permitted uses within Class 1 and Class 2 Historic Resources shall be in compliance with the permitted uses in Table 7.1.1, Historic Resource Uses, regulated use requirements in Table 5.3, Use Regulations, and supplemental regulations in Article X: Supplemental Use Regulations and Nonconformities.
F. An accessory use shall be permitted, subject to the following conditions:
(1) The accessory use is on the same lot with a principal use.
(2) The accessory use is secondary in scale and intensity to the principal use.
(3) The area occupied by the accessory use may not exceed 50% of the area occupied by the principal use.
G. Separation requirements. Certain uses, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others if concentrated in the same neighborhood. The Board of Commissioners has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses, as shown in Table 5.3, Use Regulations.
H. Total floor area for use limitations shall exclude uninhabitable basements, attics, and garages as part of the total calculation.
I. It is the intent of this article to make reasonable accommodations in the rules, policies and practices within this Township to afford all handicapped persons equal opportunity to use and enjoy a dwelling in satisfaction of the requirements of the Fair Housing Act (42 U.S.C.A. § 3601 et seq.), as amended. No provision of this article shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Zoning Relief
A. Narrow lot development. In any residential subdivision made under the provisions of Chapter 135: Subdivision and Land Development of the Code of the Township of Lower Merion or with respect to any presently existing residentially zoned lot, the Board of Commissioners may authorize the creation of narrow lots as a conditional use subject to the following regulations:
(1) The minimum lot width of the lot at the building line shall be the minimum lot width required at the street line for lots in the zoning district in which the lot is located. Minimum lot width shall be measured parallel to the street at the point of the proposed building closest to the street and shall extend the full depth of the building, plus an additional 25 feet.
(2) An applicant shall not be permitted to increase the number of conforming lots permitted in a subdivision through the use of narrow lots.
(3) Every narrow lot shall include at least 20 continuous feet along the street line, and such connection to the street shall extend at no less than that width to the point at which the narrow lot reaches the lot width required by the zoning district in which the lot is located. The area between the street line and the point at which the narrow lot reaches the required lot width shall be capable of providing driveway and utility access to the lot (i.e., shall not be blocked by natural barriers, such as lakes, or slopes in excess of 25%) and shall not be excessively irregular in shape.
(4) In calculating the lot area of a narrow lot, the area between the street line and a line drawn radial to the point where the lot attains the minimum lot width required in its zoning district shall not be included in applying the requirements of this chapter, except those requirements relating to impervious surfaces.
(5) The Board of Commissioners has the right to designate which of the required setbacks shall be the front setback for narrow lots.
(6) In all cases, any narrow lot approved by conditional use shall connect to the adjacent sanitary sewer, when and if it is installed.
B. Impervious surface and expansion.
(1) In the interest of public health, safety and welfare, the provisions of this section and the impervious surface regulations, in general, are intended:
(a) To minimize stormwater runoff, street flooding and stream bank and soil erosion caused by the conversion of undeveloped, porous surfaces to impermeable ground cover.
(b) To maximize groundwater recharge and maintain the base flow of streams and watercourses, thereby ensuring both the quantity and quality of groundwaters and surface waters.
(c) To protect the Township from development which may cause a subsequent expenditure for public works and disaster relief affecting the well-being of the Township and its residents.
(d) To protect the residents from property damage and personal injury due to runoff, flooding and erosion attributable to nearby development.
(e) To regulate erosion and sedimentation impacts and the alteration of natural drainage patterns, aggravating flooding both in the immediate area and in downstream areas.
(f) To relate the intensity of development to the ability of the natural and man-made environment to support it.
(2) Total impervious surface shall not exceed that shown in the underlying districts. Relief from maximum impervious surface requirements may only be sought according to the regulations in this section.
(3) The impervious surface on any lot in an LDR or MDR1 District used exclusively as a dwelling may exceed the maximum permitted in the underlying zoning district by an additional 5% of the lot area or 1,500 square feet, whichever is less, provided that all of the following requirements are met:
(a) The additional 5% impervious surface shall not be permitted on any lot where a new principal building has been constructed within the prior 10 years, or where, during that same period, an addition has been added to the principal building following the removal of more than 75% of its building area.
(b) 100% of the direct volume of stormwater runoff from all impervious surface exceeding what is permitted in the underlying zoning district shall be recharged for a 100-year storm event.
(c) The design and location of the recharge system shall be approved by the Township Engineer. The Township Engineer may require that a percolation test be submitted with the permit application showing rates sufficient to empty the system within 24 hours. Construction may not disturb steep slopes, woodlands or any area within the dripline of trees greater than 15 inches dbh. Disturbance of trees between six inches and 15 inches dbh is prohibited if an alternative location for the recharge system is feasible. Every tree greater than six inches dbh that is removed shall be replaced on the lot in accordance with Table 7.5.1, Tree Replacement, and the replacement trees shall be selected from the list of recommended trees set forth in § A177-1: Recommended trees and shrubs, or comparable tree approved by the Township Arborist. If the lot cannot accommodate all of the additional trees, the excess trees shall be planted on publicly owned land after receiving approval from the public entity having ownership.
(d) The expansion shall only be permitted if site conditions allow for on-site recharge.
(e) A covenant running with the land shall be recorded requiring the property owner to maintain the recharge basin at all times so that it will operate as designed.
(f) The property owner shall provide to the Township a certification from a qualified engineer every five years that the stormwater management system required by this section has been inspected and is functioning as designed. If there is evidence the system is not functioning as designed, the Township can require this inspection and certification prior to the expiration of the five-year period.
(4) The impervious surface on any lot within the Historic Resource Overlay District may exceed the maximum permitted, subject to the regulations in § 155-7.1H and § 155-4.4: Institutional districts.
(5) The impervious surface within special districts may exceed the maximum permitted, subject to the regulations in Article VI: Special Districts.
(6) For the purpose of determining the amount of impervious surface on a lot served by a common driveway with a length greater than 100 feet, the total impervious surface of that common driveway shall be allocated evenly among the lots served, unless it is otherwise allocated in a recorded covenant approved by the Township and binding on the properties affected, in which case such recorded allocation shall control. Shared driveways less than 100 feet in length shall not count towards impervious coverage for the portion that is shared and shall not be greater than the maximum permitted driveway width in Article VIII: Parking Standards.
(7) The following shall not be considered as impervious surface, except in the IC3 and IE3 Districts:
(a) Wood decks less than 200 square feet if constructed with a space between each plank and if the deck is constructed over a pervious surface. Once the deck exceeds 200 square feet, one-half of the entire deck area shall be considered impervious surface.
(b) Pathways six feet or less in width that employ a porous paving system and which are not intended for automobile use.