HomeMy WebLinkAbout00-00629
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THOMAS A. AND ROSEMARY J.
FRENCH,
FEe 0 3 zaaa tfJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION - EQUITY
: NO. ~-&d-9 H
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
ORDER
AND NOW, this 3z:.d. day of February, 2000, upon application of Plaintiffs, it is
hereby ordered that a special injunction is granted ex parte, immediately enjoining Defendants
Gemini Equipment Company and Robert M. Mumma II, and any other person or entity acting on
their behalf with notice of this Order, from any of the following activities until further Order of
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l (I). entering unto the property of Plaintiffs for any reason;
(2) engaging in any development activities on Plaintiffs' property;
(3) threatening Plaintiffs and/or their property;
(4) blocking Plaintiffs' driveway at any location and in any manner;
(5) tampering, removing or damaging any of Plaintiffs' property;
(6) otherwise harassing Plaintiffs in any manner.
Failure to abide by this Order will result in sanctions upon further application to this Court.
A hearing on the continuation of this injunction shall be held on February -2-, 2000 in
Courtroom L at}'Jo , ~.m.
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Michael W, Winfield, Esquire
Attorney I.D. No, 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O, Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION - EQUITY
: NO, c2ervv~ /"'d'1 ~ ~
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
PETITION FOR SPECIAL RELIEF IN THE NATURE OF PRELIMINARY
INJUNCTION AND EX PARTE PRELIMINARY INJUNCTION
NOW COME, Plaintiffs, Thomas A. and Rosemary 1. French, through their
attorneys, Rhoads & Sinon LLP, and Petition this Court for the issuance of a Preliminary
Injunction and an ex parte Preliminary Injunction pursuant to Pa. R.Civ.P. 1531, and in support
alleges the following:
1. Plaintiffs have filed contemporaneously with this Petition a verified
Complaint in Equity with the Prothonotary of this Court on February 3, 2000, a true copy and
correct of which is attached hereto as Exhibit "A", and the averments of which are hereby
incorporated by reference.
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2. Plaintiffs have brought their Complaint and seek this preliminary
injunction to enjoin Defendants from further trespassing upon Plaintiffs' property, further
interfering with the peaceful and quiet enjoyment of Plaintiffs' property, further destruction of
Plaintiffs' property, and from further harassment of Plaintiffs, the circumstances of which are all
set forth in Plaintiffs' Complaint,
3. Based upon the averments set forth in Plaintiffs' Complaint, additional
trespasses to Plaintiffs' property, interferences with Plaintiffs' rights to peaceful and quiet
enjoyment of their property, additional violations of the breach of the peace, and additional
destruction to Plaintiffs' property, are immediate and imminent, and further warrant the granting
of an immediate and ex parte injunction, and a preliminary injunction following hearing to be
continued throughout the pendency of the action.
4. Based upon the averments set forth in Plaintiffs' Complaint, the hann that
will be suffered by Plaintiffs, should this injunction not be issued, will be irreparable, including,
but not limited to, the deprivation of Plaintiffs' rights to peaceful and quiet enjoyment of its
property and the destruction of Plaintiffs' property.
5. Defendants will suffer no hann as a result of the issuance of the injunction
insofar as the status quo will be preserved and maintained with all legal issues to be fully and
[mally determined by this Court and the appropriate local authorities.
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6. The issuance of the requested injunctions will not be contrary to the public
interest, but rather will protect Plaintiffs' interests to the quiet and peaceful enjoyment, and
preservation, at their property.
7. Plaintiffs are likely to succeed on the merits of their claims.
8. The injunction sought is limited in scope to address the imminent and
immediate threats to the Plaintiffs' rights, as set forth in Plaintiffs' Complaint.
WHEREFORE, Plaintiffs Thomas A. Rosemary J. French respectfully request
that this Court:
(a) issue immediately a special preliminary injunction, ex parte, in the form of
Order attached hereto, in order to preserve the status quo and protect the
rights and interests of Plaintiffs as set forth herein and in Plaintiffs'
Complaint;
(b) set a date for a hearing to continue the special ex parte injunction, and to
determine the propriety for the preliminary injunction requested herein, to
continue during the pendency of the proceeding and until a final
determination can be made on Plaintiffs' claims;
(c) issue a preliminary injunction following a hearing to be held upon Order
of this Court; and,
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(d) grant such other relief this Court deems appropriate.
Respectfully submitted,
By:
Mich e1 W, Winfield
One outh Market Square
P. O. Box 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
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THOMAS A. AND ROSEMARY 1.
FRENCH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
: CIVIL ACTION - EQUITY
v.
: NO.
GEMINI EQUIPMENT COMPANY and
ROBERT M, MUMMA, II,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle,PA 17013
(717)249-3166
,
, .
1\
Michael W. Winfield, Esquire
Attorney I.D, No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O, Bm' 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY 1.
FRENCH,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
: NO.
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
COMPLAINT
NOW COME, Plaintiffs, Thomas A. and Rosemary 1. French, through their
attorneys, Rhoads & Sinon LLP, and file the within Complaint, as follows:
1. Plaintiffs are Thomas A. and Rosemary J. French, husband and wife, adult
individuals, residing at 605 McCormick Road, Mechanicsburg, Upper Allen Township,
Cumberland County, Pennsylvania 17055.
2. Defendant, Gemini Equipment Company ("Gemini"), upon information
and belief, is a Pennsylvania corporation with a listed corporate address of Box E, Bowmansdale,
Pennsylvania 17008.
331450.1
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3. Defendant, Robert M. Mumma, II ("Mumma"), upon information and
belief, is an adult individual maintaining an office and residence in Bowmansdale, Pennsylvania.
Upon information and belief, Defendant Mumma is the President and sole shareholder of
Defendant Gemini.
4. At all times relevant hereto, the actions of Defendant Gemini and or its
agents, employees or representatives, were undertaken at the direction of Defendant Mumma.
5. Defendants are the developers of a development project known as "the
Allen Grange" located in the vicinity ofFord Farm Road and McCormick Road in Upper Allen
Township.
6. Defendants have submitted for approval a preliminary subdivision plan to
the Upper Allen Township Planning Commission. A portion of said Plan has been reproduced
and is attached hereto as Exhibit "A."
7. As indicated on Exhibit "A", Plaintiffs are the record owners of a parcel of
property (upon which their residence is located) adjacent to the area proposed to be developed by
Defendants. Pursuant to said preliminary development plan, Defendants propose constructing a
road through Plaintiffs' property and connecting to Ford Farm Road, an existing private road.
The preliminary plan proposes construction of the road, in part upon a "50' Easement Reserved
for Future Right of Way (street/utilities)", and in part encroaching upon Plaintiffs'
unencumbered property and the private property of Plaintiffs' neighbor.
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8. Although Defendants have submitted for approval their development plans
which include the construction of a street across Plaintiffs' property, said approval has not been
granted. To the contrary, the matter of approval has been tabled by the Township Planning
Commission based upon, inter alia, objections raised by Plaintiffs and other neighbors.
9. Plaintiffs have objected that Defendants' proposed construction of a
roadway across Plaintiffs' property would violate the Upper Allen Township Zoning Code,
including, but not limited to, its provisions respecting setback requirements. A portion of an
earlier, approved subdivision plan showing the setback lines on Plaintiffs' property, is attached
hereto as Exhibit "B".
10. Defendants have not sought a variance from the requirements of the
Township's Zoning Ordinance which provisions prohibit the roadway sought to be constructed
by Defendants without a variance.
11. Plaintiffs also objected that the slope of Defendants' proposed roadway
across Plaintiffs' property exceeds the boundaries of the easement by as much as 25 to 30 feet in
some places. Permission has not been sought by Defendants, nor has it been granted by
Plaintiffs, for such an encroachment.
12. Plaintiffs have also objected to the connection of the proposed road to
Ford Farm Road, a private road which certain property owners along Ford Farm Road are legally
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required to maintain. Plaintiffs object to the added traffic and burden which would result from
the proposed street.
13. Defendants have not obtained a construction permit, a zoning permit, a
zoning variance or an earth disturbance permit, from the Township, nor have the required stream
crossing permits been issued by the Department of Environmental Protection, Subdivision plan
approval has not been given. Notwithstanding Defendants' lack of required permits or
approvals, on February 2, 2000, Defendants, by and through their agents and/or employees
appeared at the residence of Plaintiffs and entered upon the property with heavy construction
equipment, stating their intent to construct the proposed street as planned, without first
permitting the Township authorities to resolve the issues which have been raised by Plaintiffs
and other Township residents in opposition to the development plan.
14. On previous occasions, Defendants had been specifically advised that
permission to enter Plaintiffs' premises for such purposes was expressly denied.
15. Upon learning of Defendants' trespass and imminent plans, the'Upper
Allen Township Police were summoned to the property and, upon arrival, asked Defendants'
employee to leave the premises. Plaintiffs have a well founded fear that Defendants will return
to the premises in an attempt to commence construction imminently.
16. Subsequently, Defendant Robert M. Mumma, II, telephoned Plaintiffs'
attorney making terroristic threats to Plaintiffs. Specifically, Defendant Mumma threatened to
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place construction barriers at Plaintiffs' driveway entrance and to knock down and remove
Plaintiffs' mailbox. On information and belief, Defendants have taken steps to follow through
with their threats.
17. Plaintiffs believe that Defendants intend to return to the property and
commence construction of the road without the necessary approvals and permits, and prior to the
resolution of the objections raised by the Plaintiffs before the appropriate Township officials. It
is also believed that Defendants further intend to block access to Plaintiffs' driveway and remove
Plaintiffs' mailbox.
18. The actions on the part of Defendants constitute an additional unlawful
entry onto the property of Plaintiffs, exceeding any easement rights which otherwise might exist,
and violate Plaintiffs' rights to peaceful use and enjoyment of their property. Moreover,
Defendants' actions constitute a clear threat to breach the peace which could result in injury and
damage if not enjoined.
19. Additionally, the above trespass should it continue or be repeated, will
result in irreparable harm to Plaintiffs' property and constitute a continuing threatened breach of
the peace -- by, inter alia, altering the property grading, destroying vegetation and removing
mature trees all of which contribute to the unique value of the property to Plaintiffs.
20. Plaintiffs have no other remedy at law to prevent the prospective unlawful
entry upon, and destruction to, their property, and have a clear right to relief.
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21. Based upon Defendants' actions in entering upon Plaintiffs' property with
construction equipment and representing their intentions to proceed immediately with the
clearing of trees, earth moving and road grading, and the further threats or trespass and property
damage, the threat of irreparable harm is immediate and imminent, requiring intervention by this
Court in order to protect Plaintiffs' rights and safety.
22. Pursuant to the principles of equity recognized in this Commonwealth, and
pursuant to statutory authority, including but not limited to, the provisions of the Municipalities
Planning Code, Plaintiffs are authorized to seek injunctive relief from this Court to prevent the
development action sought by Defendant, any further interference with Plaintiffs' quiet use and
enjoyment of their property, or any further destruction thereto, until such time as Upper Allen
Township has an opportunity to resolve the issues before it.
23. An injunction, if granted by this Court, would preserve the status quo
insofar as it would enable the parties to proceed before the Upper Allen Township Planning
Commission and Zoning Hearing Board where the issues respecting the proposed development
may be decided by local government officials.
WHEREFORE, Plaintiffs respectfully request that this Court permanently and
preliminarily enjoin Defendants from entering Plaintiffs' property for any reason and from
engaging in any development activities on Plaintiffs' property until further Order of this Court
and further from threatening Plaintiffs and their property, from blocking Plaintiffs' driveway in
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any manner and from tampering, removing or damaging any of Plaintiffs' property, or from
otherwise harassing Plaintiffs in any manner whatsoever.
:1D
Mich el W. Winfield
One S uth Market Square
P. O. ox 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
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VERIFICATION
Thomas A. French, deposes and says, subject to the penalties of 18 Pa, C.S. 94904
relating to unsworn falsification to authorities that the facts set forth in the Complaint are true
and correct to the best of his knowledge, information and belief.
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Date:
Thomas A. French
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THOMAS A. AND ROSEMARY 1.
FRENCH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
v.
: CIVIL ACTION - EQUITY
: NO. da:<:5. tf,,;?,'f' A
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURt. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR AS SOCIA TION
Two Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
.' 1>..;
Michael W. Winfield, Esquire
Attorney I.D, No, 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O, Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION - EQUITY
: NO, O'UJ'VV- (.",29 ~ I-u-
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
COMPLAINT
NOW COME, Plaintiffs, Thomas A. and Rosemary J. French, through their
attorneys, Rhoads & Sinon LLP, and file the within Complaint, as follows:
l. Plaintiffs are Thomas A. and Rosemary J. French, husband and wife, adult
individuals, residing at 605 McCormick Road, Mechanicsburg, Upper Allen Township,
Cumberland County, Pennsylvania 17055.
2. Defendant, Gemini Equipment Company ("Gemini"), upon information
and belief, is a Pennsylvania corporation with a listed corporate address of Box E, Bowmansdale,
Pennsylvania 17008.
331450.1
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3. Defendant, Robert M. Mumma, II ("Mumma"), upon information and
belief, is an adult individual maintaining an office and residence in Bowmansdale, Pennsylvania.
Upon information and belief, Defendant Mumma is the President and sole shareholder of
Defendant Gemini.
4. At all times relevant hereto, the actions of Defendant Gemini and or its
agents, employees or representatives, were undertaken at the direction of Defendant Mumma,
5. Defendants are the developers of a development project known as "the
Allen Grange" located in the vicinity ofFord Farm Road and McCormick Road in Upper Allen
Township.
6. Defendants have submitted for approval a preliminary subdivision plan to
the Upper Allen Township Planning Commission. A portion of said Plan has been reproduced
and is attached hereto as Exhibit "A."
7. As indicated on Exhibit "A", Plaintiffs are the record owners of a parcel of
property (upon which their residence is located) adjacent to the area proposed to be developed by
Defendants. Pursuant to said preliminary development plan, Defendants propose constructing a
road through Plaintiffs' property and connecting to Ford Farm Road, an existing private road.
The preliminary plan proposes construction of the road, in part upon a "50' Easement Reserved
for Future Right of Way (street/utilities)", and in part encroaching upon Plaintiffs'
unencumbered property and the private property of Plaintiffs' neighbor.
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8. Although Defendants have submitted for approval their development plans
which include the construction of a street across Plaintiffs' property, said approval has not been
granted. To the contrary, the matter of approval has been tabled by the Township Planning
Commission based upon, inter alia, objections raised by Plaintiffs and other neighbors.
9. Plaintiffs have objected that Defendants' proposed construction of a
roadway across Plaintiffs' property would violate the Upper Allen Township Zoning Code,
including, but not limited to, its provisions respecting setback requirements. A portion of an
earlier, approved subdivision plan showing the setback lines on Plaintiffs' property, is attached
hereto as Exhibit "B".
10. Defendants have not sought a variance from the requirements of the
Township'sZoning Ordinance which provisions prohibit the roadway sought to be constructed
by Defendants without a variance.
II. Plaintiffs also objected that the slope of Defendants' proposed roadway
across Plaintiffs' property exceeds the boundaries of the easement by as much as 25 to 30 feet in
some places. Permission has not been sought by Defendants, nor has it been granted by
Plaintiffs, for such an encroachment.
12. Plaintiffs have also objected to the connection of the proposed road to
Ford Farm Road, a private road which certain property owners along Ford Farm Road are legally
- 3-
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required to maintain. Plaintiffs object to the added traffic and burden which would result from
the proposed street.
13. Defendants have not obtained a construction permit, a zoning permit, a
zoning variance or an earth disturbance permit, from the Township, nor have the required stream
crossing permits been issued by the Department of Environmental Protection. Subdivision plan
approval has not been given. Notwithstanding Defendants' lack of required permits or
approvals, on February 2, 2000, Defendants, by and through their agents and/or employees
appeared at the residence of Plaintiffs and entered upon the property with heavy construction
equipment, stating their intent to construct the proposed street as planned, without first
permitting the Township authorities to resolve the issues which have been raised by Plaintiffs
and other Township residents in opposition to the development plan.
14. On previous occaSIOns, Defendants had been specifically advised that
permission to enter Plaintiffs' premises for such purposes was expressly denied.
15. Upon learning of Defendants' trespass and imminent plans, the Upper
Allen Township Police were summoned to the property and, upon arrival, asked Defendants'
employee to leave the premises. Plaintiffs have a well founded fear that Defendants will return
to the premises in an attempt to commence construction imminently.
16. Subsequently, Defendant Robert M. Mumma, II, telephoned Plaintiffs'
attorney making terroristic threats to Plaintiffs. Specifically, Defendant Mumma threatened to
-4-
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- ~ "'-i
place construction barriers at Plaintiffs' driveway entrance and to knock down and remove
Plaintiffs' mailbox. On information and belief, Defendants have taken steps to follow through
with their threats,
17. Plaintiffs believe that Defendants intend to return to the property and
commence construction of the road without the necessary approvals and permits, and prior to the
resolution of the objections raised by the Plaintiffs before the appropriate Township officials. It
is also believed that Defendants further intend to block access to Plaintiffs' driveway and remove
Plaintiffs' mailbox.
18. The actions on the part of Defendants constitute an additional unlawful
entry onto the property of Plaintiffs, exceeding any easement rights which otherwise might exist,
and violate Plaintiffs' rights to peaceful use and enjoyment of their property. Moreover,
Defendants' actions constitute a clear threat to breach the peace which could result in injury and
damage if not enjoined.
19. Additionally, the above trespass should it continue or be repeated, will
result in irreparable harm to Plaintiffs' property and constitute a continuing threatened breach of
the peace -- by, inter alia, altering the property grading, destroying vegetation and removing
mature trees all of which contribute to the unique value of the property to Plaintiffs.
20. Plaintiffs have no other remedy at law to prevent the prospective unlawful
entry upon, and destruction to, their property, and have a clear right to relief.
- 5 -
21. Based upon Defendants' actions in entering upon Plaintiffs' property with
construction equipment and representing their intentions to proceed immediately with the
clearing of trees, earth moving and road grading, and the further threats or trespass and property
damage, the threat of irreparable harm is immediate and imminent, requiring intervention by this
Court in order to protect Plaintiffs' rights and safety,
22. Pursuant to the principles of equity recognized in this Commonwealth, and
pursuant to statutory authority, including but not limited to, the provisions of the Municipalities
Planning Code, Plaintiffs are authorized to seek injunctive relief from this Court to prevent the
development action sought by Defendant, any further interference with Plaintiffs' quiet use and
enjoyment of their property, or any further destruction thereto, until such time as Upper Allen
Township has an opportunity to resolve the issues before it.
23. An injunction, if granted by this Court, would preserve the status quo
insofar as it would enable the parties to proceed before the Upper Allen Township Planning
Commission and Zoning Hearing Board where the issues respecting the proposed development
may be decided by local government officials.
WHEREFORE, Plaintiffs respectfully request that this Court permanently and
preliminarily enjoin Defendants from entering Plaintiffs' property for any reason and from
engaging in any development activities on Plaintiffs' property until further Order of this Court
and further from threatening Plaintiffs and their property, from blocking Plaintiffs' driveway in
- 6 -
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any manner and from tampering, removing or damaging any of Plaintiffs' property, or from
otherwise harassing Plaintiffs in any manner whatsoever.
By:
Mich el W. Winfield
One S uth Market Square
P. o. ox 1146
Harrisburg, P A 171 08-114
(717) 233-5731
Attorneys for Plaintiffs
-7-
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VERIFICATION
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Thomas A. French, deposes and says, subject to the penalties of 18 Pa. C.S. 94904
!.~,:
relating to unsworn falsification to authorities that the facts set forth in the Complaint are true
and correct to the best of his knowledge, information and belief.
~
Thomas A. French
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2247 NORTH fRONT STREET
HARRISBURG, PA 17110-1027
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FES 0 3 2000.tt>
THOMAS A. AND ROSEMARY J.
FRENCH,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - EQUITY
: NO. 8-W - 19 L.tt ft)~
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
ORDER
AND NOW, this -5rd day of February 2000,
hereby ORDERED that said Motion is granted and Plaintiffs are author'
provide service of
process by U.S. Mail addressed to Gemini Equipment ., at their last known post office box
address listed in the Complaint, and
stmg on Plaintiffs' property a copy of the pleadings
and Order( s) of this Co . In addition to the above, Plaintiffs shall seek service of process by
office or by any other means authorized under the Rules of Civil Procedure
~~li~~l~ to thp'l:;!p pr9c~egiRg87
pt ~t(S ( f'lt1 ;;L<eJ)+w o.fut.> ( 50 v[ Ie
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Michael W. Winfield, Esqnire
Attorney I.D, No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY 1.
FRENCH,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
CIVIL ACTION - EQUITY
: NO. '}O<::n-("l"t .z:tf,\
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
PETITION REQUESTING SPECIAL ORDER DIRECTING
METHOD OF SERVICE PURSUANT TO P A. R.CIV.P. 430
NOW COME Plaintiffs, Thomas A. and Rosemary 1. French, through their
attorneys Rhoads & Sinon LLP, and hereby move this Court for a special order directing the
method of service of the Complaint, Petition for Special Relief in the Form of Injunction, and
any Orders issued by this Court upon Defendants, Gemini Equipment Company and Robert M.
Munnna, II, as follows:
1. This petition is filed concurrently with a Complaint in Equity and Petition
for Special Relief in the Nature of Preliminary Injunction, the averments of which are
incorporated herein by reference.
331646.1
~ft._=
2. The only known present corporate address for Defendant Gemini
Equipment Company includes a post office box - but no street address - as follows: Box E,
Bowmansdale, Pennsylvania 17008.
3. Defendant Robert M. Mumma, II is believed to own a residence located in
York County, located at the end of a private drive, with no trespass signs posted.
4. As a consequence, service by the Sheriff will require that the York County
Sheriff be deputized, unless alternate methods of service are permitted by this Court.
5. Given the nature of the relief sought (including special relief in the form
of an ex parte preliminary injunction), expedited service upon Defendants is necessary in order
to immediately protect Plaintiffs' personal and property rights.
6. Pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure, this
Court is permitted to authorize alternate methods of service of process.
7. Plaintiffs request, pursuant to Rule 430, that they be permitted, in addition
to service by the Sheriff, to serve Defendants by mailing to the last known post office box for
Gemini Equipment Co. (as set forth in the Complaint), and by posting a copy of all pleadings and
Orders of this court in a visible place on Plaintiffs' property.
8. Plaintiffs will also seek to have service made throughthe Sheriff's office.
-2-
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,-"
9. The requested alternate methods of servIce are necessary to ensure
notification to the Defendants' of this action and to preserve the rights of Plaintiffs which
underlie this action.
WHEREFORE, Plaintiffs respectfully request that this Court issue an Order
pursuant to Pa. R.Civ.P. 430, authorizing service by U.S. Mail addressed to Defendant Gemini
Equipment Co.'s last known post office box address, and by posting a copy of the pleadings and
Order(s) of this Court upon Plaintiffs' property
By:
Mich el . Winfield
One outh Market Square
P. O. ox 1146
Harris urg, PA 17108-114
(717) 233-5731
Attorneys for Plaintiffs
- 3 -
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Michael W. Winfield, Esquire
Attorney J.D. No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O, Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
Plaintiffs
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - EQUITY
: NO. 2000-629 Equity
PRAECIPE TO ACCEPT BOND FOR FILING
TO THE PROTHONOTARY:
Kindly file the attached bond in the above-captioned action and mark the record
accordingly.
331830.1
RHOADS & SINON LLP
By: ~~~~ N~uJI;v
One South Market Square
P. O. Box 1146
Harrisburg, P A 171 08-1146
(717) 233-5731
Attorneys for Plaintiffs
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THOMAS A. AND ROSEMARY J.
FRENCH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
: CIVIL ACTION - EQUITY
: NO. 2000-629 Equity
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GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
ORDER
AND NOW, this 4th day of February 2000, upon Motion of Plaintiffs, it is hereby
ORDERED that Plaintiffs are permitted to serve all process and notices upon Defendants by
mailing same to Gemini Equipment Company, Box E, Bowmansdale, PA 17008. It is further
ORDERED that the hearing scheduled for Monday, February 7, 2000 at 3:30 p.m., is hereby
continued to be rescheduled by the Court. It is further ORDERED that the injunction granted by
this Court, dated February 3, 2000, shall remain in full force and effect until such time as the
hearing is reconvened.
BY THE COURT:
~{.(lJ4 rJ4-//J ,
/ esley Oler, Jr. tf;f/Z--
filE COpy
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Michael W. Winfield, Esquire
Attorney I.D, No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
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THOMAS A. AND ROSEMARY J.
FRENCH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - EQUITY
v.
: NO. 2000-629 Equity
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
MOTION TO CONTINUE HEARING PURSUANT TO PA.
R.CIV.P.1531(D) AND FOR ALTERNATIVE SERVICE OF
PROCESS PURSUANT TO PA. R.CIV.P. 430
NOW COME, Plaintiffs, Thomas A. and Rosemary 1. French, through their
attorneys, Rhoads & Sinon LLP, and hereby moves this Court for a continuance of the hearing
on the special injunction in this matter, scheduled for February 7, 2000 at 3:30 p.m., and for
permission to provide alternative service of process upon Defendants of original process and all
Orders granted thus far. In support, Plaintiffs aver the following:
1. Plaintiffs have attempted to all means available to them to provide
immediate service of process upon Defendants Gemini Equipment Company and Robert M.
Mumma, II, but have been unsuccessfuL
2. Among the attempts made by Plaintiffs, are the following:
331909.1
"
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,
(a) numerous personal service attempts by a process server to the
residence of Robert M. Mumma, II have failed to result in service
of process. Attempts were made during the evening of February 3,
2000 and again on multiple occasions on February 4, 2000;
, however, there was no response at the Mumma residence;
(b) On February 4, 2000, Plaintiffs' process server telephoned Gemini
Equipment Company's telephone number which was determined to
connect to the residence of Robert M. Mumma, II. A male
individual answered the phone and confirmed the address;
however, when the process server arrived at the home, there was
no answer at the door;
(c) Subsequent phone calls placed by Plaintiffs' process server
resulted in receiving only an answering machine;
(d) Plaintiffs have attempted to contact other counsel known to
represent Mr. Mumma in other matters; however, those counsel
contacted indicated that they do not represent Mr. Mumma with
respect to these matters. No further information was available;
and,
~
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(e) Gemini Equipment Company has no address other than a post
office box in Bowmansdale.
3. Based upon the foregoing, it appears unlikely that service of process will
be effectuated upon Mr. Mumma or Gemini Equipment Company prior to the hearing scheduled
for Monday, February 7, 2000, or at any time subsequent thereto without special order of this
Court allowing for special service of process.
4. Rule 430 of the Pennsylvania Rules of Civil Procedures permits this Court
to allow for service of process by alternative means.
5. Pursuant to said Rule and based upon the foregoing, and the continued
difficulties Plaintiffs are likely to encounter in attempting to serve process, Plaintiffs request that
this Court permit Plaintiffs to effectuate service by mailing original process and notices of
hearing to Gemini Equipment Company's post office box address.
6. Additionally, Pa. R.Civ.P. 1531, which requires that an injunction granted
ex parte be dissolved unless a hearing on the continuance of the injunction is held within five
days after the granting of the injunction, permits the Court, upon cause shown, to direct an
alternate date for said hearing without dissolving the ex parte injunction.
7. Based upon the foregoing, and in order to permit process to be served
upon Defendants so that they may be aware of the issues before them and participate at the
hearing, Plaintiffs respectfully request that this Court continue the hearing scheduled for
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Monday, February 7, 2000, until such time as the Court deems appropriate under the
circumstances of this case.
WHEREFORE, Plaintiffs Thomas A. Rosemary 1. French respectfully request
that this Motion be granted and that the Court order the relief requested herein.
Respectfully s bmitted,
e
RHOADS &j''f~
By: till
Mi hael W. Winfield
On South Market Squar
P. O. Box 1146
Harrisburg, PA 17108-114
(717) 233-5731
Attorneys for Plaintiffs
!
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. "
~, .
VERIFICATION
Michael W. Winfield, deposes and says, subject to the penalties of 18 Pa. C.S.
94904 relating to unsworn falsification to authorities, that he is the attorney for Thomas A. and
Rosemary J. French, and that the facts set forth in the foregoing Motion To Continue Hearing
Pursuant To Pa. R.Civ.P. 1531(d) And For Alternative Service Of Process Pursuant To Pa.
R.Civ.P. 430 to are true and correct to the best of his
Micha I W. Winfield
Date:
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Michael W, Winfield, Esquire
Attorney J.D. No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - EQUITY
v.
: NO. 2000-629 Equity
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
AFFIDAVIT OF SERVICE
I, Michael W. Winfield, Esquire, an attorney in the law offices of Rhoads & Sinon
LLP, hereby certify that I have served true and correct copies of the Complaint, Petition for
Specilll Relief in the Nature of Preliminary Injunction and Ex Parte Preliminary Injunction
(with executed Order granting ex parte, et lII.) on February 4, 2000; and Motion to Continue
Hearing Pursullnt to Pa. R.Civ.P. 1531(d) and for Alternative Service of Process Pursuant
to Pa. R.Civ.P. 430 (with Order granting Motion, et at.) on February 5, 2000, in the above-
captioned matter, by first class mail, as indicated below:
Robert M, Mumma, II
BoxE
Bowmansdale, PA 17008
Gemini Equipment Company
BoxE
Bowmansdale, P A 17008
By:
Michae W. Winfield
One So Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
332081.1
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CERTIFICATE OF SERVICE
I hereby certifY that on February 7, 2000, a true and correct copy of the Affidavit
of Service was served by means of United States mail, first class, postage prepaid, upon the
following:
Robert M. Munnna, II
BoxE
Bowmansdale, P A 17008
Gemini Equipment Company
BoxE
Bowmansdale, P A 17008
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THOMAS A. AND
ROSEMARY 1. FRENCH, :
Plaintiffs
v.
GEMINI EQUIPMENT
COMPANY and ROBERT:
M. MUMMA, II,
Defendants
.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 2000-629 EQUITY TERM
ORDER OF COURT
AND NOW, thiF~ day of February, 2000, upon request of Robert M. Mumma,
II, Defendant, a hearing is scheduled for Thursday, February 10, 2000, at 8:30 a.m., in
Michael W. Winfield, Esq.
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Attorney for Plaintiffs
Robert M. Mumma, II
Gemini Equipment Company
BoxE
Bowmansdale, P A 17008
Defendants, Pro Se
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BY THE COURT,
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Michael W. Winfield, Esquire
Attorney I.D, No. 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
Plaintiffs
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - EQUITY
: NO. 2000-629 Equity
PRAECIPE TO ACCEPT BOND FOR FILING
TO THE PROTHONOTARY:
Kindly file the attached bond ($50,000.00), in place of the previous bond
($25,000.00), in the above-captioned action and mark the record a cordingly.
333213,j
By:
RHOADS
ichae . Wi leld
One So th Market Square
P. O. B x 1146
Harrisburg, P A 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
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THOMAS A. AND
ROSEMARY J. FRENCH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
GEMINI EQUIPMENT CO. AND
ROBERT M. MUMMA, II,
Defendants
No. 2000-629 EQUITY
PRELIMINARY INJUNCTION
AND NOW, this 10th day of February, 2000,
upon consideration of the issue of the continuation of the
preliminary injunction issued on February 3, 2000, and
following a hearing held on this date, and the Court
finding that Plaintiffs have shown:
(1) a likelihood that they will prevail with
respect to their position that the
right-of-way across Plaintiffs'
property, which is the subject of this
proceeding, may not be improved for
purposes of a road to serve the land in
the Allen Grange subdivision without
township approval under its subdivision
and land development ordinance;
(2) that immediate and irreparable harm
would be incurred by them if excavation,
regrading, and/or cutting of trees on
their property were not enjoined pending
such approval or further Order of Court;
and
(3) that Plaintiffs' right to the
preliminary injunction provided for
herein is clear and will operate to
substantially restore the parties to the
status quo as it existed prior to the
alleged wrongful conduct;
NOW, THEREFORE, IT IS ORDERED, adjudged and
decreed that, pending township approval or further Order of
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Court, Defendants' activities upon Plaintiffs' property
shall be limited to the physical area of the easement,
shall be confined to such conduct as is necessary to design
of the contemplated street, and shall not include
excavating, grading, the clearing of trees, or the blocking
of Plaintiffs' driveway. Any vegetation which is cut by
the Defendants shall be removed from the property.
THIS PRELIMINARY INJUNCTION is conditioned
upon the filing of a bond or deposit of legal tender by
Plaintiffs in the amount of $50,000.00 in accordance with
Pennsylvania Rule of Civil Procedure 1531(b) within 15 days
of the date of this order. In the event that Plaintiffs do
not do so, the preliminary injunction shall be deemed
automatically dissolved.
NOTHING in this order is intended to
represent an indication by the Court as to its view of the
legal merits of either party's position on the issue of
township approval of the improvement proposed by Defendants
within the aforesaid right-of-way. Nothing in this order
is intended to affect any activities of Defendants outside
of Plaintiffs' premises.
THIS ORDER replaces the preliminary
injunction issued ex parte by the Court on February 3,
2000.
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Michael W. Winfield, Esqui
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
For the Plaintiffs
Robert M. Mumma, II, Pro Se
6880 SE Harbor Circle
Stuart, FL 34996
Defendant
Gemini Equipment Company
Box E
Bowmansdale, PA 17008
Defendant
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THOMAS A and ROSEMARY J.
FRENCH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v.
No. 2000-629 Equity
GEMINI EQUlPJ\IIENT COMPANY
and ROBERT M, MUMMA, II
NOTICE TO PLEAD
TO: Michael W, Winfield, Esquire
One South market Square
P,O, Box 1146
Harrisburg, PA 17108-1146
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER WITHIN TWENTY
(20) DAYS FROM SERVICE HEREOF OR A JUDGJ\IIENT MAY BE ENTERED
AGAINST
YOU
Dated: February 22,2000
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THOMAS A. and ROSEMARY J.
FRENCH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - EQUITY
v.
No, 2000-629 Equity
GEMINI EQUIPMENT COMPANY
and ROBERT M, MUMMA, II
ANSWER TO COMPLAINT WITH NEW MATTER
AND NOW comes Defendant, Robert M. Mumma, II, Pro Se, and replies as
follows:
1. Admitted.
2. Admitted,
3. Admitted in part and Denied in part, While it is admitted that Defendant
Mumma is an adult individual and maintains an office in Bowmansdale,
Pennsylvania, and further is the President of Defendant, Gemini, it is denied that
Defendant Mumma resides in Bowmansdale, Pennsylvania, To the contrary, he
resides in Stuart Florida at 6880 South East Harbor Circle,
4, Admitted,
5. Admitted,
6, Admitted
7, Admitted in part, Denied in part. While it is admitted that Plaintiffs are
record owners of a parcel, upon which their residence is located, it is denied that
Defendants propose constructing a road through Plaintiff's property, To the contrary,
Defendant has a Right of Way on the property to construct a street and it is denied
that any part is encroaching on Plaintiffs unencumbered property and that of
Plaintiff's name. To the contrary, it is averred that the property of Plaintiff is
encumbered with a right of Way in favor of Defendants.
8. Denied, While preliminary plans have been submitted, it is not necessary
to obtain approval from the township planning commission to construct the road on
the Right of Way,
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9, Denied, It is denied that the proposed construction of a roadway in the
Right of Way ion favor of Defendants violates Upper Allen Township Zoning Code.
It is further Denied that Exhibit B has set back requirements and involves the Upper
Allen Township Zoning Ordinance as such.
10. Denied, It is denied that the Township Zoning Ordinance prohibits
defendants from constructing a roadway, nor requires a variance,
11. Denied. It is denied that Defendant's proposed roadway exceeds the
boundary for the Easement and permission is not necessary, as there is no such
encroachment,
12, Admitted in part, Denied in part, While Plaintiffs may have objected to
the connection ofthe proposed road to the Ford Farm road, it is denied that plaintiff's
have standing to object to said connection as the Right of Way authorizes this
connection,
13, The averments of Paragraph 13 are conclusions of and therefore strict
proof thereof is demanded at a Hearing. It is averred that Defendant do not need a
construction permit, a zoning permit, a zoning variance, nor stream crossing permits,
by Department of Environmental Protection, It is further denied that a subdivision
plan is necessary in order to construct the road, as such was part of the original Right
of Way, It is averred that the Township authorities do not have standing to object to
Plaintiffs construction of a road at this time,
14. Admitted in part, Denied in part. It is admitted that Plaintiffs have
objected to Defendants entering the premises, however it is averred that they do not
have a right to object to said entering as it is part of the easement of record,
15, Admitted in part, Denied in part, It is admitted that Plaintiffs wrongfully
engaged the Upper Allen Township police to handle what is a property matter. It is
averred that Defendants have a right to maintain use and construction on the Right of
Way,
16, Denied. It is denied that Defendant, Robert M, Mumma, II, made
terroristic threats. To the contrary, Defendant Mumma has expressed and continues
to express his rights to use the Right of Way as he sees fit.
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17, Denied. It is denied that Defendant intends to complete construction
without approvals, It is averred however, that the Plaintiffs driveway is actually
constructed in violation of existing plans,
18, Denied, IT is denied that Defendants have or plan any unlawful entry onto
Plaintiff s property, To the contrary, Defendants have the right to use the Easement
as he sees fit in accordance with properly recorded easement. There is no threat to
breach the peace and an injunction is not necessary,
19. Denied. I t is denied that there will be any irreparable harm to Plaintiff s
property,
20, The averments of Paragraph 20 are conclusions oflaw, no response is
necessary and therefore strict proof thereof is demanded at a Hearing,
21. Denied, IT is denied that any of Plaintiff' s rights are violated by
Defendant's action, to the contrary, Defendants actions are in accordance with
Defendants rights to the Right of Way Easement.
22, Paragraph 22 is a conclusion of law to which no response in necessary,
However, if a response is deemed necessary, strict proof thereof is demanded at
hearing, It is denied that plaintiff's have standing to enforce the provisions of the
Municipality Planning Code.
23, Denied, It is denied that status quo would be preserved by the issuance of
an injunction. To the contrary, the injunction is a confiscation of Defendant's
property rights.
WHEREFORE, Defendant requests that the Preliminary Ex Parte Injunction be
dissolved,
NEW MATTER
24, Plaintiffs come to this Court with unclean hands requesting equitable relief.
25, It is averred that Plaintiffs have designed their property so that it violates
building height restrictions in the subdivision plan.
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26, It is averred that plaintiffs have completed their driveway without prior
required approval.
27, Plaintiffs have constructed a drainage pipe in violation of the subdivision
plan and encroaching on property that is not owned by Plaintiffs,
28, As a result of unclean hands, the equitable relief requested by plaintiffs
should be denied,
Dated: February 22, 2000
17108-1268
""""""""......
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VERIFICATION
I, Robert M. Mumma, II, verify that the information contained in the foregoing
document is true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C,S,A 9 4904, relating to unsworn falsifications to authorities,
n., ~ tl,1(f(L
BY:~~AAJ.AllcWfk..
Robert M, Mumma, II
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THOMAS A. AND ROSEMARY J.
FRENCH,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - EQUITY
v.
: NO. 2000-629 Equity
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
ORDER
AND NOW, this 4th day of February 2000, upon Motion of Plaintiffs, it is hereby
ORDERED that Plaintiffs are permitted to serve all process and notices upon Defendants by
mailing same to Gemini Equipment Company, Box E, Bowmansdale, PA 17008. It is further
ORDERED that the hearing scheduled for Monday, February 7, 2000 at 3:30 p.m., is hereby
continued to be rescheduled by the Court. It is further ORDERED that the injunction granted by
this Court, dated February 3, 2000, shall remain in full force and effect until such time as the
hearing is reconvened.
BY THE COURT:
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Michael W. Winfield, Esquire
Attorney J.D. No, 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P,O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - EQUITY
: NO. 2000-629 Equity
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
MOTION TO CONTINUE HEARING PURSUANT TO PA.
R.CIV.P.1531(D) AND FOR ALTERNATIVE SERVICE OF
PROCESS PURSUANT TO PA. R.CIV.P. 430
NOW COME, Plaintiffs, Thomas A. and Rosemary J. French, through their
attorneys, Rhoads & Sinon LLP, and hereby moves this Court for a continuance of the hearing
on the special injunction in this matter, scheduled for February 7, 2000 at 3:30 p.m., and for
permission to provide alternative service of process upon Defendants of original process and all
Orders granted thus far. In support, Plaintiffs aver the following:
1. Plaintiffs have attempted to all means available to them to provide
immediate service of process upon Defendants Gemini Equipment Company and Robert M.
Mumma, II, but have been unsuccessful.
2. Among the attempts made by Plaintiffs, are the following:
331909.1
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(a) numerous personal service attempts by a process server to the
residence of Robert M. Mumma, II have failed to result in service
of process. Attempts were made during the evening of February 3,
2000 and again on multiple occasions on February 4, 2000;
however, there was no response at the Mumma residence;
(b) On February 4,2000, Plaintiffs' process server telephoned Gemini
Equipment Company's telephone number which was determined to
connect to the residence of Robert M. Mumma, II. A male
individual answered the phone and confirmed the address;
however, when the process server arrived at the home, there was
no answer at the door;
(c) Subsequent phone calls placed by Plaintiffs' process server
resulted in receiving only an answering machine;
(d) Plaintiffs have attempted to contact other counsel known to
represent Mr. Mumma in other matters; however, those counsel
contacted indicated that they do not represent Mr. Mumma with
respect to these matters. No further information was available;
and,
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(e) Gemini Equipment Company has no address other than a post
office box in Bowmansdale.
3. Based upon the foregoing, it appears unlikely that service of process will
be effectuated upon Mr. Mumma or Gemini Equipment Company prior to the hearing scheduled
for Monday, February 7, 2000, or at any time subsequent thereto without special order of this
Court allowing for special service of process.
4. Rule 430 of the Pennsylvania Rules of Civil Procedures permits this Court
to allow for service of process by alternative means.
5. Pursuant to said Rule and based upon the foregoing, and the continued
difficulties Plaintiffs are likely to encounter in attempting to serve process, Plaintiffs request that
this Court permit Plaintiffs to effectuate service by mailing original process and notices of
hearing to Gemini Equipment Company's post office box address.
6. Additionally, Pa. R.Civ.P. 1531, which requires that an injunction granted
ex parte be dissolved unless a hearing on the continuance of the injunction is held within five
days after the granting of the injunction, permits the Court, upon cause shown, to direct an
alternate date for said hearing without dissolving the ex parte injunction.
7. Based upon the foregoing, and in order to permit process to be served
upon Defendants so that they may be aware of the issues before them and participate at the
hearing, Plaintiffs respectfully request that this Court continue the hearing scheduled for
.....
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Monday, February 7, 2000, until such time as the Court deems appropriate under the
circumstances of this case.
WHEREFORE, Plaintiffs Thomas A. Rosemary J. French respectfully request
that this Motion be granted and that the Court order the relief requested herein.
By:
Mi hael W. Winfield
On South Market Squar
P. O. Box 1146
Harrisburg, P A 171 08-11
(717) 233-5731
Attorneys for Plaintiffs
--
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VERIFICATION
Michael W. Winfield, deposes and says, subject to the penalties of 18 Pa. C.S.
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TIIOMAS A. and ROSEMARY 1.
FRENCH,
PENNSYL VANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiffs
CIVIL ACTION - EQUITY
v,
No, 2000-629 Equity
GEMINI EQUIPMENT COMPANY
and ROBERT M. MUMMA, II
CERTIFICATE OF SERVICE
The undersigned hereby states that she has served a time-stamped copy of the foregoing, "Answer to Complaint
With New Matter," on the below-named individnals in the matter indicated:
First Class Mail, Postage Pre-Paid
Michael W. Winfield, Esquire
One South market Square
P,O, Box 1146
Harrisburg, PA 17108-1146
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Attorney I.D, No. 72680
RHOADS & SINON LLP
Oue South Market Square, 12th Floor
P,O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V Al'lIA
Plaintiffs
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: NO. 2000-629 Equity
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER
NOW COME, Plaintiffs, Thomas A. and Rosemary 1. French, through their
attorneys, Rhoads & Sinon LLP, and file the within Reply to Defendants' New Matter, as
follows:
24. - 28.
Denied. The averments contained in paragraphs 24 through 28
constitute conclusions oflaw to which no response is required and the same are denied.
334535.1
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WHEREFORE, Plaintiffs Thomas A. and Rosemary 1. French, respectfully request
that Defendant's New Matter to Plaintiffs Complaint be dismissed and judgment be entered in
Plaintiffs favor.
By:
MIChae W. Winfield
One So th Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certifY that on March 14, 2000, a true and correct copy of Plaintiffs'
Reply to Defendants' New Matter was served by means of United States mail, first class, postage
prepaid, upon the following:
Joshua D. Lock, Esquire
Strawberry Square
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
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Lynne G. Ritter
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Michael W. Winfield, Esquire
Attorney I.D, No, 72680
RHOADS & SINON LLP
One South Market Square, 12th Floor
P.O. Box 1146
Harrisburg, P A 17108.1146
(717)233-5731
Attorneys for Plaintiffs
THOMAS A. AND ROSEMARY J.
FRENCH,
Plaintiffs
v.
GEMINI EQUIPMENT COMPANY and
ROBERT M. MUMMA, II,
Defendants
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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: CIVIL ACTION - EQUITY
: NO. 2000-629 Equity
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as "settled, discontinued and ended",
with prejudice.
347438.1
By:
Mich I . Winfield
One S uth Market Square
P. O. Box 1146
Harrisburg, PA 17108-114
(717) 233-5731
Attorneys for Plaintiffs
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CERTIFICATE OF SERVICE
I hereby certifY that on June 12, 2000, a true and correct copy of Praecipe to
Settle, Discontinue and End was served by means of United States mail, first class, postage
prepaid, upon the following:
Joshua D. Lock, Esquire
Strawberry Square
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
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Lynne G. 'tter
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THIS DEED,
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MADE THE
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12th day of JUNE in the year one ~
thousand nine hundred ninety-eight (199B)
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BETWEEN
D. SHARON KIPP, single person, and JEFFREY P.
CARCHIDI, single person, of Mechanicsburg, Cumber-
land County, Pennsylvania,
Grantors,
and
THOMAS A. FRENCH and ROSEMARY J. FRENCH, husband
and wife, of Mechanicsburg, Cumberland County,
Pennsylvania,
Grantees:
WITNESSETH, that in consideration of ONE
and No/100 Dollars ($ 1.00 ), in hand paid, the receipt
whereof is hereby acknowledged, the said Grantors do hereby grant
and convey to the said Grantees, their and assigns:
ALL THAT CERTAIN tract or parcel of real estate situate in Upper
Allen Township, Cumberland County, Pennsylvania, being more
particularly bounded and described as follows:
BEGINNING at a point on the northern legal right-of-way line of
McCormick Road at the southeast corner of other lands of Gemini
Equipment Co.; thence along the eastern line of other lands of
Gemini Equipment Co. North 05 degrees 17 minutes 40 seconds West
a distance of 505.43 feet to a point: thence continuing along the
northern line of other lands of Gemini Equipment Co. due west a
distance of 20.64 feet to a point; thence continuing along the
eastern line of said other lands of Gemini Equipment Co. North 05
degrees 12 minutes 00 seconds West a distance of 49.24 feet to a
point; thence continuing along the same North 19 degrees 54
minutes 10 seconds East a distance of 224.47 feet to a point on
the southwest corner of Lot No. 2 on the hereinafter described
Final Subdivision Plan: thence along the same South 76 degrees 26
minutes 33 seconds East a distance of 319.22 feet to a point on
the western right-of-way line of Ford Farm Road (private road):
!, PLAINTIFF'S
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BOOK i 79 Tt,GE 339
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thence along the same due South 650.91 feet to a point; thence
along the northern right-of-way line of Ford Farm Road by a curve
to the right having a radius of 22.00 feet a distance of 34.62
feet to a point on the legal right-of-way line of McCormick Road;
thence along the same North 89 degrees 49 minutes 50 seconds West
294.46 feet to a point at the southeast corner of other lands of
Gemini Equipment Co., the point and place of BEGINNING.
CONTAINING 5.645 acres.
BEING Lot No.1, Final Subdivision Plan Ford Farm Road, dated
August 8, 1986, revised August 15, 1986, recorded in the office
of the Recorder of Deeds of Cumberland County in Plan Book 52,
Page 7.
ALSO BEING Lot No.1, Preliminary and Final Resubdivision Plan of
Lot No.8 and No.9 Ford Farm Road, dated August 7, 1992, last
revised October 16, 1992, recorded in the Office of the Recorder
of Deeds of Cumberland County in Plan Book 66, Page 41.
BEING the same premises which Gemini Equipment Co. (erroneously
referred to as Gemini Equipment Company, Inc. in prior deeds), a
domestic corporation, of the City of HarriSburg, Dauphin County,
Pennsylvania, by deed dated January 30, 1994 and recorded Febru-
ary 2, 1994 in the Cumberland County Recorder of Deeds Office in
Deed Book 101, Page 78, granted and conveyed unto D. Sharon Kipp,
single person, and Jeffrey P. Carchidi, single person, the
Grantors herein.
UNDER AND SUBJECT to Covenants, Restrictions and Reservations
Applicable to Final Subdivision Plan Ford Farm Road, dated May
20, 1987, recorded in the Office of the Recorder of Deeds of
Cumberland county in Miscellaneous Book 334, Page 451.
UNDER AND SUBJECT to a fifty (50) foot easement reserved for
future right-of-way (street/utilities) extending along the
northern portion of the above described Lot No. 1 and as shown on
the above described Final Subdivision Plan for Ford Farm Road.
TOGETHER with the non-exclusive right to use Ford Farm Road, as
shown on the above described Final Subdivision Plan, for the
purposes or uninterrupted access to and from the above described
Lot.
FURTHER, Grantor, its successors and assigns, hereby reserves the
right, SUbject to municipal approval, to construct at the north-
ern terminus of Ford Farm Road (between Lot No. 3 and Lot No. 4
on the above described Final Subdivision Plan, approximately 250
feet east of the western line of the Subdivision Plan) a cul-de-
BOOK 179 PAGE 340
sac in lieu of extending Ford Farm Road to the western line of
the Subdivision. In the event that Grantor, its successors and
assigns, shall elect in construct the cul-de-sac and terminate
Ford Farm Road as indicated then, in that event, Grantee, their
heirs, successors and assigns, specifically waive, relinquish and
discharge any private rights or other rights that Grantee, their
heirs, successors and assigns, may have with respect to that
portion of Ford Farm Road which is not constructed.
AND the said Grantors hereby covenant and agree that they will
warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said Grantors have hereunto set their hands
and seals the day and year first above written.
Signed, .Sealed .~d Delivered
in ~h. Presence of
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COMMONWEALTH OF PENNSYLVANIA
(SEAL)
(SEAL)
: 58.
COUNTY OF CUMBERLAND :
On this, the IJ)'Lh day of ,::;U )~-'~ ,1998, before me,
the undersigned officer, personally appeared D. SHARON KIPP,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, and acknowledged
thai: she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Notarial Seal
Valerie S. Stacknick. NolaI)' Public
Shiremans10wn Bora. Cumberland County
My Commission Expires Nov. 30. 2000
Member, Pennsylvania AssociatIOn of Notaries
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the I;) IJ-hday of Q l1LL- ,1998, before me,
the undersigned officer, personally appeared JEFFREY P. CARCHIDI,
known to me (or satisfactorily proven) to be the person whose >
name is subscribed to the within instrument, and acknowledged, .;,.";"i"::".__,. "
that he executed the same for the purposes therein containep~~~~~~~i~~. '
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IN WITNESS WHEREOF, I hereunto set my hand and Officiat/~~i:;;l;:'::'';~;\:;' ~;
seal. ... 0"\;.1 . ~ ~'~1 ,..~ 1
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My Commission Expires: .,:;PS~,~.,,'''''''
Notarial Seal
Valerie S. Stacknick. Notary Public
Shiremanstown Boro, Cumberland County
My Commission Expires Nov, 30. 2000
Member, Pennsylvania Association of Notaries
I do hereby certify that the precise residence and complete
post office address of the within named grantees is 712 carriage
Lane, Mechanicsburg, Pennsylvania 17055.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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SUBDIVISION AND LAND DEVELOPMENT
Chapter 220
From the
CODE
of the
TOWNSHIP OF UPPER ALLEN
GENERAL CODE PUBLISHERS CORP.
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SUBDIVISION AND LAND DEVELOPMENT
Chapter 220
From the'
CODE
of the
TOWNSHIP OF UPPER ALLEN
)
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
.,'
[printed as slated for adoption at time of adoption of Code.
Consult municipal records for possible amendments
adopted thereafter and for date of Code adoption.]
GENERAL CODE PUBLISHERS CORP.
72 Hinchey Road
Rochester, New York 14624
1993
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Chapter 220
SUBDIVISION AND lAND DEVELOPMENT
ARTICLE I S 220-23. Easements.
I General Provisions
S 220-1. Title. ARTICLE V
Ii 220.2. Authority: purpose. Improvements and Construction
I Ii 220.3. Definitions. Requirements ,
S 220-24. Monuments and markers.
I ARnCLE II * 220-25. Streets.
Application of Regulations S 220.26. Sewer and water systems.
Ii 220-4. Plat appro"al required prior to Ii 220-27. Stonn drainage.
I development of subdivision. S 220.28. As-built plans.
! ~
Ii 220-5. Plat approval required prior to S 220.29. Curbs.
I sale or development of lot. S 220-30. Sidewalks. II
S 220-31. Street name signs.
ARTICLE III S 220.32. Trees and landscaping. ,
I Plat Requirements and S 220.33. Right of governing bod)' to
Processing Procedures [
change utility and street I
S 220-6. Preparation and filing of plat. improvement specifications.
.
t S 220-7. Preliminary' plat procedures. S 220.34. Public grounds, open space,
S 220-8. Preliminary' plat specifications. recreation and preservation of
S 220.9. Final plat procedure. natural and historic features.
I S 220.10. Final plat specifications. S 220-35. Contributions.
,
S 220-36. Staging. I"~
I ARTICLE IV
Design Standards ARTICLE VI
S 220-11. Suitability of land. Storm water Management Plan
I * 220-12. Street system. and Design Criteria
S 220-13. Cul-de-sac streets. S 220-37. Scope.
I S 220-14. Street alignment. S 220-38. Content of SWMP: general
S 220-15. Street widths. drainage plan.
S 220-16. Street grades. S 220-39. Design standards.
S 220-40. Erosion and sedimentation
I S 220-17. Street intersections. control.
S 220-18. Standard street construction. S 220-41. Ownership and maintenance
I S 220-19. Blocks. program.
S 220-20. Building lines. S 220-42. Stonnwater management
S 220-21. Lots. construction standards.
I S 220-22. Storm drainage.
I 22001
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UPPER ALLEN CODE
* 2:U-2
ARTICLE Vll
Fees
Ii 220-.B. Prelimina~' and final plats.
* 220--1-1. Construction of improvements.
* 220--15. Escrow accounts.
ARTICLE LX
Administration and Enforcement
* 220--17. Enforcement.
* 220--18. Violations and penalties.
S 220-49. Effect on existing provisions.
* 220-50. Higher standards to prevail.
ARTICLE VIII
Variances and'Waivers
S 220--16. Procedures governing variances
and waivers.
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen at
time of adoption of Code: see Ch. I, General Provisions. Article 1. Amendments noted
where applicable.]
GENERAL REFERENCES
PlanDing Commission - Set! Ch. 58.
Park and Recreation Trust Account - See Cb. 75. An. II.
Zoniog - See Ch. 2-15.
Fees - See Ch. ..:\..250.
ARTICLE I
General Provisions
S 220- 1. Title.
This chapter shall be known and may be cited as the "Upper Allen Township Subdivision and
Land Development Ordinance."
S 220-2. Authorit).: purpose.
This chapter is adopted pursuant to the provisions of the Pennsylvania Municipalities Planning
Code (Act 247). effective January 1. 1969, and amended December 21. 1988,1 for the purpose
of promoting and protecting safety. health and morals; to provide for the coordinated
development of Upper Allen Township. Cumberland County, Pennsylvania: to provide for the
general welfare by guiding and protecting amenity. convenience and future governmental.
economic, practical, social and cultural facilities; to guide development and growth. as well as
to guide uses of land and structures and the type and location of streets. public grounds and
other facilities; and to encourage and promote flexibility, economy and ingenuity in the layout
and design of subdivisions and land developments.
1 Editor's Note: See S3 P.S. ~ 10101 et seq.
22002
....
* 220-3
SUBDIVISIOK AND LAND DEVELOPME!'<l
* 110-3. Definitions.
I"
* 220-3
The following word~ and phrases. as used in this chapter. shall have the meanings hereb"
ascribed thereto unless the context clearly indicate~ a different meaning:
APPLIC.~I- A landowner or developer. as hereinafter defined. who has filed an
application for development. including hislher heirs. successors and assigns.
APPLICATION FOR DEVELOPME!\l- Every application. whether preliminary.
tentative or final. required to be filed and approved prior to the Start of construction or
development. including but not limited to an application for a building permit. for the
approval of a subdivision plat or plan or for the approval of a development plan,
CARTWAY - The area of a street. road or alley used for vehicular traffic.
CLEAR SIGHT TRIANGLE - An area of unobstructed vision at street intersections
defined by two (3) stteet lines and by a line of sight between two (3) points on the street
lines at a given distance from the intersection.
COMMISSION - The Planning Commission of Upper Allen Township. Cumberland
County. Pennsylvania.
COMPREHENSIVE PLAN - The complete plan for the continuing development and
redevelopment of Upper Allen Township. as recommended by the Planning Commission
and currently adopted by the Township Commissioners.
COUNTY - County of Cumberland. Pennsylvania.
CUL-DE-SAC - A street open at one (1) end for vehicular or pedestrian access, with the
opposite end tenninating in a vehicular turnaround.
DEVELOPER - Any landowner. agent of such landowner or tenant with the pennission
of such landowner who makes or causes to be made a subdivision of land or a land
development.
EASEMENT - A right granted to use certain land area for a special purpose consistent
with the general property rights of the owner.
ENGINEERING SPECIFICATIONS - The engineering specifications of the
municipality, as adopted and revised. from time to time. by the governing body.1
ENGINEER. REGISTERED - A professional engineer licensed as such in the
Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP - A professional engineer, licensed as sucb in tbe
Commonwealth of Pennsylvania, duly appointed as tbe Engineer for the municipality.
GOVERNING BODY - The Board of Commissioners of Upper Allen Townsbip,
Cumberland County, Pennsylvania.
LAND DEVELOPMENT - Any of the following activities:
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2 Editor's Note: Said eagiDeeriDg spedf\catioDs are on file in the oMc:e of the Townsbip Sec:retary.
22003
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S 220.3
UPPER ALLE~ CODE
~ ::0-3
A. The improvement of one (1) lot or two C) or more contiguous lots, tracts or parcels of
land for any purpose invoh"ing a group of two (2) or more residential or
nonresidential buildings. whether proposed initially or cumulativel\'. or 11 sinl!1e
nonresidential building on a lot or lots. regardless of the number of occupants -or
lenure: or the division or allocation of land or space. whether initially or cumulatively,
between or among two (2) or more existing or prospecrive occupants by means of or
for the purpose of streets. common areas. leaseholds. condominiums. building groups
or other features,
B, A subdivision of land.
C. Development in accordance with Section 503 (1.1) of the Municipalities Planning
Code (Act 170 of 1988. as amended).3
LANDOWNER - The legal or beneficial owner or owners of land. including the holder of
an option or contract to purchase (whether or not such option or contract is subject to any
condition). a lessee if he/she is authorized under the lease to exercise the rights of the
landowner or another person having a proprietary interest in land.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as
permitted by law and to be used, developed or built upon as a unit.
MOBILE HOME - A transponable single-family dwelling intended for pennanent
occupancy. contained in one (1) unit or in two (2) or more units designed to be joined into
one (1) integral unit capable of again being separated for repeated towing. which arrives at
a site complete and ready for occupancy except for minor and incidental unpacking and
assembly operations. and constructed so tbat it may be used without a pennanent
foundation.
.i'
MOBILE HOME PARK - A parcel. or contiguous parcels, of land which has been so
designated and improved tbat it contains two (2) or more mobile home lots for the
placement thereon of mobile homes.
MUNICIPALITY - The Township of Upper Allen, Cumberland County, Pennsylvania.
OPEN SPACE - A parcel or parcels of land in a subdivision or land development. as
approved by the governing body, reserved or dedicated for public use and recreation or
visual enjoyment.
PLAT - The map or plan of a subdivision or land development, whether preliminary or
final.
PUBLIC RECREATION FACILITIES/PUBLIC GROUNDS - Recreation facilities
owned and/or operated by an agency of the municipality or other governmental body,
including;but not limited to, parks, swimming pools, golf courses. etc.
RIGHT-OF- WAY, STREET - A strip of land between propeny lines for use as a road or
street.
3 Editor's Note: See 53 P.s. fi 10503 (1.ll
22004
,
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~ 220-3
SUBDIVISIO!\' AND LAND DEVELOPMHrr
* 220-:'
SANITARY SEWER - A pipe for conveying sewage. excluding storm-. surface and
ground waler.
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STORM SEWER - A pipe, ponding area or open ditch or drainage channel for conveying
rainwater. surface water. condensate. cooling water or similar liquid wasre. exclusive of
sewage or industrial waste. to a natural watercourse or other outlet as approved,
STREET - A strip of land. including the entire right-of-way. including a street. avenue.
boulevard. road. highway. freeway. parkway. lane. alley and viaduct and any other way
used or intended to be used by vehicular traffic or pedestrians. whether public or private,
"Streets" are further classified as follows:
A. COLLECTORS - Roads giving minimal emphasis on travel mobility. low travel
speeds. full land access and neighborhood penetration and serving minor traffic
generators. such as local elementary schools. small individual industrial plants,
offices. commercial facilities and warehouses. not served by principal or minor
arterials,
,
B. MINOR ARTERIALS - Roads giving greater emphasis to land access with a lower
level of through-rraffic mobility than principal arterials and serving larger schools.
industries, hospitals and small commercial areas not incidentally served by principal
arterials.
I
,
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C. PRINCIPAL ARTERIALS - Roads providing minimal land access while retaining a
high degree of through-traffic mobility and serving major centers of urban activity
and traffic generation.
D, FREEWAYS - Limited-access roads designed for large volumes of traffic between
communities of fifty thousand (50,000) or more to major regional traffic generators
(such as central business districts, suburban shopping centers and industrial areas):
freeways should be tied directly to arterial roads. with accessibility limited to
specified interchanges to avoid impediment of through traffic.
E. INTERSTATE HIGHWAYS - Limited-access highways for traffic between major
regional areas or larger urban communities of fifty thousand (50.000) or more: these
highways extend beyond state boundaries, and access and egress are limited to
interchanges located by the United States Department of Transportation.
F. NEIGHBORHOOD STREETS - Streets providing access 10 individual properties
but not designed to provide more than a slight degree of traffic mobility.
STREET WIDTH - The shortest distance between the lines delineating the right-of-way
of a street.
STRUCTURE- Any man-made object having an ascertainable stationary location on or
in land or water, whether or not affixed to the land.
SUBDIVISION - The division or redivision of a lot, tract or parcel of land, by any
means, into two (2) or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines for the purpose. whether immediate or future, of lease,
partition by the court for distribution to heirs or devisees, transfer of ownership or building
or Jot development; provided, however, that the "subdivision" by lease of land for
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* 220-3
UPPER ALLE~ CODE
~ 220- 7
agricultural purposes imo parcels of more than ten (10) acres. not involving any new street
or easemem of access or an\' residemial dwelling. shall be exempted,
Sl'RVEYOR - A registered surveyor. as defined by the Professional Engineers and
Professional Land Surveyors Registration Law of the Commonwealth of Pennsylvania. ~
TOPOGRAPHIC MAP - A map showing the elevations of the ground by contours or
elevations. based on the United States Coast and Geodetic Survey datum.
ARTICLE II
Application of Regulations
S 220-4. Plat approval required prior to development of subdivision.
~o subdivision or land developmem of any lot. tract or parcel of land located in Upper Allen
Township shall be effected and no street. sanitary sewer. storm sewer. water main or other
facilities in connection therewith shall be laid out. constructed, opened or dedicated for public
use or travel or for the common use of occupants of buildings thereon unless and umil a final
subdivision plat has been approved by the governing body. in the manner prescribed herein.
and recorded: nor otherwise used except in strict accordance with the provisions of this chapter.
S 220-5. Plat approval required prior to sale or development of lot.
No lot in a subdivision or land developmem may be sold. no permit to erect. alter or repair any
building upon land in a subdivision or land development may be issued and no building may be
erected in a subdivision or land development unless and until a final subdivision plat has been
approved by the governing body and recorded and until construction of the improvements
required in connection therewith has been guaranteed in the manner prescribed herein.
ARTICLE III
Plat Requirements and Processing Procedures
S 220-6. Preparation and filing of plat.
Whenever a subdivision or land development is desired to be effected. a plat of the layout of
such subdiVision or land development shall be prepared. filed and processed according to the
requirements of this chapter. A letter of transmittal shall accompany any data that is submitted
for consideration, together with the required fees and a completed application form.
S 220-7. Preliminary plat procedures.
A. The applicant shall file with the governing body twelve (12) copies of a preliminary plat of
tbe proposed layout of the subdivision or land development.
~ Editor', Note: See 63 P.S. ~ 148 et seq.
22006
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~ 220- 7
SUBDIVISION AND LAND DEVELOPME1'<'T
S ::::0-8
B. If the applicant is proposing conditions which can be placed on the sne onlv afrer rhe
granting of a variance or a special exception. the governing blJdy shall requi're that the
subdivider refrain from filing a linal plat until the required approval for the conditions is
obtained.
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C. The go\'erning body shall refer copies of the preliminary plat for review ro the Townsllip
Engineer. the Planning Commission. the Zoning Officer and the County Planning Agencv
and may refer copies to such other public agencies whose recommendations ~ou-Id b~
pertinent to the processing of the plat.
D. Subsequent to submission of a preliminary plat. the Township Engineer shall review the
same and shall advise the !!Overning bodv as to the suitabilitv of all emrineerin" details and
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specifications. as to the feasibility of stonn drainage and sanitary sewer systems. as to the
adequacy of the street layout and as to the suitability of the land for development purposes.
He/she may require that percolation tests be conducted, at the expense of the applicant. in
accordance with the applicable statues.
E. Subsequent to submission of a preliminary pial, the Commission may request the
comments and suggestions of agencies of the municipality. such as the Police Department.
Fire Department and Park and Recreation Board. of the Mechanicsburg Area School
District and of such other public or private agencies or institutions as it may deem
desirable. Upon completing its review and taking into account the recommendations of the
Township Engineer. the Township Zoning Officer and the County Planning Agency. the
Commission shall make recommendations to the governing body. No preliminary plat shall
be considered by the Commission unless it has been filed with the governing body at least
eleven (11) regular business days prior to the meeting of the Commission~
F. Within ninety (90) days after the preliminary plat is filed, the governing body shall approve
it. approve it with conditions or disapprove it and shall communicate its decision. in
writing. to the applicant. Such communication shall be given to the applicant personally or
mailed to himlher at hislher last known address not later than fifteen (15) days following
the decision and, if the plat is disapproved, shall specify the defects found in the
application. the reqqirements which have not been met and the provisions of any statute or
ordinance which have not been fulfilled.
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~ 220-8. Preliminary plat specifications.
A. The preliminary plat shall be drawn on a copy of the topographic map drawn to a scale of
one (1) inch equals one hundred (100) feet or less, showing:
(1) The proposed name oCthe subdivision or land development.
(2) The name of the subdivider.
(3) The name of the registered owner.
(4) The North point, scale and date.
(5) The name and seal of the engineer, surveyor or other qualified person responsible for
the map.
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(3) Parcels of land intended to be dedicated or reserved for schools. open space. parks.
playgrounds or other public. semipublic or community purposes.
(4) The names of the record owners of adjoining unplatted land.
(5) Reference to recorded subdivision plats of adjoining platted land by record name. date
and number.
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~ 220-8
UPPER ALLEN CODE
~ :!20-8
(6) Trac: boundaries. with bearings and distances.
(7) Topography. with elevations based on the United States Coast and Geodetic Surve\'
datum and showing contours at vertical intervals or one ( I) root or as required by th~
Township Engineer.
(8) The approximate location of watercourses. wetlands. sinkholes or other subsidences.
tree masses. rock outcrops. floodplains and existing buildings and the actual location
of sewers. inlets. water mains. easements. fire hydrants. railroads and existing or
confirmed streets and their established grades.
(9) Adjacent streets.
B. A topographic map shall be submitted. drawn to a scale of One (1) inch equals One hundred
(100) feet or less. showing:
(1) The layout. names. widths of rights-of-way, easements. cartways and paving of
proposed streets and whether they are intended to be dedicated to the municipality.
(2) The layout of 10lS. showing dimensions, lot numbers and the approximate area of each
lot. '
(6) The layout. dimensions and paving of off-street parking facilities and off-street
loading facilities. together with proposed access drives and traffic flows.
(7) The location of the floodplain if any part of the land within the subdivision or land
development is included within a floodplain area shown on the Township Floodplain
MapS adopted by the governing body and a statement indicating building restrictions
within such areas.
(8) The nature, approximate size and approximate location of any buildings. structures,
streets or other improvements on adjoining land and within four hundred (400) feet of
the boundaries of the land included within the subdivision or land development.
(9) The location and size of all existing natural features, including wooded areas with
trees of a caliper of six (6) inches or more, rock outcropping, wetlands, watercourses,
sinkholes, subsidence, etc.
(10) A list of variances/special exceptions which apply to the land parcel being developed.
(11) Signature blocks for all approving and reviewing agencies, including the governing
body. Commission. Township Engineer and County Planning Commission.
S Editor's Nore: Said map is OD file iD the oOice orehe TOWDShip Secretary.
22008
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* 22(1.8
SUBDIVISION .A.NO L.A.ND DEVELOP~IEi'JT
S ::0-9
C. If construction is to occur in phases. a plan shall be pro"ided showing the progression of
phases. how each phase relates tll complete and future phases and a time line indic;uin"
when each phase is to be commenced and completed. "
D, The preliminary plat shall be 'lccompanied by the following d'lta and maps:
(1) A profile oi each street. including grades and street cross sections.
(:) The location and size of existing and proposed utility mains 'lOd fire hydrants.
(3) Plans and reports of the proposed sanitary sewer system and storm Water drainage
system in sufficient detail to enable an engineering review to determine the adequacy
and feasibility of the proposed systems. Data submitted shall include hydraulic
computations.
(4) If an on-site sanitary sewage disposal system is proposed to be used, the necessary
data (including percolation tests) to determine the adequacy and feasibility of the
proposed system and to comply with all governmental regulations.
(5) The depth of the waler table.
(6) The erosion and sedimentation control plan.
(7) The completed planning module for land development, as required by the
Pennsylvania Department of Environmental Resources.
~ 220-9. Final plat procedure.
A. The applicant shall file with the governing body twelve (1:) copies of a final plat of the
proposed layout of all or a portion of the subdivision or land development. An applicant
proposing a subdivision of three (3) or fewer 10ls for residential or agricultural purposes,
not including aI/ached or multifamily dwelling unils, may submit a final plat at the same
time as submission of a preliminary plat or, wilh the approval of the Commission, may
eliminale the preliminary plat and submit a final plat initially,
B. The governing body shall refer copies of the final plat for review to the Township
Engineer. the Commission, the Zoning Officer and the County Planning Agency and may
refer copies to such other public agencies whose recommendations would be pertinent to
the processing of the plat.
e. When a final plat is referred to the Township Engineer, he/she shall review the same and
advise the goveming body whether it corresponds to the approved preliminary plat and any
conditions attached thereto, whether it complies with all specifications applicable to final
plats and the amount of bonding or ocher security necessary to guarantee the construction
of public improvements and community facilities.
D. When a final plat is referred to the Commission, the Commission may request the
comments and suggestions of agencies of the municipality, such as the Police Department,
Fire Department and Park and Recreation Board, of the Mechanicsburg Area School
District and of such otber public or private agencies or institutions as it may deem
desirable., Upon completion orits review and taking into account the recommendations of
the Township Engineer, the Township Zoning Officer and the County Planning Agency,
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UPPER ALLEN CODE
* 220.Q
the Commission shall make recommendations to the governing body. No tinal plat shall be
considered by the Commission unless il has been tiled with the governing bodv al least
ele\'en ( 11) regular business days prior to the meeting of the Commission, - .
E, \Vithin ninety (qO) days after the final plat is filed. the governing body shall approve it.
approve it with conditions or disapprove it and shall communicale its decision. in writing.
to the applicant. Such communication shall be given to the applicant personally or maile-d
to him/her at hislher last known address not later than fifleen (15) davs following the
decision and. if the plat is disapproved. shall specify the defects found i~ the applic;tion.
the requirements which have not been met and the provisions of any statute or ordinance
which have not been fulfilled. If the governing body approves the final plat. with or
without conditions, it shall set the amount of bonding or other security necessary to
guarantee the construction of public improvements and community facilities and shall state
such amount in its communication to the applicant. Upon approval of a final plat without
conditions, the governing body and Commission shall signify such approval by
endorsement on the plat. If the final plat is approved with conditions. the governing body
and Commission shall not endorse the plat until all of the conditions have been fulfilled.
F. If a final plat does not correspond with the approved preliminary plat and any conditions
attached thereto, it shall be deemed to be a revised preliminary plat.
G. Any revised preliminary plat, whenever filed. and any final plat not filed within thirty.six
(36) months after the date of approval of the preliminary plat. with or without conditions.
shall pe required to conform with any intemIediate changes in Chapter 245, Zoning. and
this chapler.
H. Before the approval of the governing body is endorsed on any final plat. the applicant shall
comply with the following condilions:
(1) The applicant will agree, in writing, in a form provided by the municipality, that
he/she will construct or instaIl all of the improvements shown on the final plat or
required as a condition of approval thereof, including streets, curbs, gutters.
sidewalks, sanitary sewers, storm water drainage facilities, utility facilities,
streetlights, fire hydrants, shade trees, recreation facilities, open space areas and any
other improvements, all in accordance with governing specifications and all within
such time limits as are specified by the governing body.
(2) The applicant shall furnish a bondlsuretylline of credit acceptable to the governing
body, in such amount and containing such terms and conditions as shall be approved
by the gov~rning body, to guarantee the performance by the applicant of the
alUeement referred to in Subsection H(1) above. This bond/surety/line of credit shall
i;clude the provision that the township be provided written notice thirty (30) days
prior to the expiration of said bond/surety/line of credit
I. If the applicant does not satisfactorily construct or install all of the improvements included
within the agreement referred to in Subsection H(l) above, the governing body shaIl
institute appropriate legal or equitable proceedings to enforce the bond or other security
referred to in Subsection H(2) hereof or, if no bond or other security is enforceable or if the
proceeds thereof are insufficient to pay the cost of completing the construction or
installation of such improvements or the cost of making repairs or corrections thereto. to
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* 220-<)
SUBDIVISIOI' AND LAND DEVELOPMENT
* 220-10
collect the same from the applicant. The governing body. at its option. may also proceed to
complele such impro\'ements or to make repairs and corrections therelO prior to receiving
the cost thereof from the surety on the bond. from the other security or from the applicant.
All funds recovered from the surety. from the other security or from the applicant shall be
used solely for such improvements and not for any other municipal purpose,
J. No changes. erasures. modifications or revisions shall be made on any final piat of a
subdivision or land development after approval has been given by the governing body and
endorsed. in writing. on the plat. unless the plat is first resubmitted to the governing body.
Correctians or adjustments made to the original plat after recording shall render the plat
vaid.
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K, After the appraval of the governing body is endorsed on the final plat and the requirements
of Subsection H(2) are fulfilled. the municipality shall record two (2) copies of the final
plat in the affice of the Caunty Recorder af Deeds and forthwith file. in the office of the
municipality. a recarder's certificate that the final pial has been recarded (with the Deed
Book ar Plan Baak and page number indicated) and faur (4) copies and one (l)
reproducible capy of the final plat with the Recorder's seal affixed. No lots shall be sold
and no buildings or structures shall be erected until completion of the requirements af this
subsection,
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~ 220-10. Final plat specifications.
The final plat shall be an a sheet eighteen by twenty-faur (18 x 24) inches and shall show:
A. Primary control paints approved bv the Township Engineer or a description and "ties" to
such contral paints. to which all dimensians, angles, bearings and similar data on the plat
shall be referred.
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B. Tract boundary Jines, right-af-way lines af streets. easements and other rights-of-way and
property lines of lats and ather sites, with accurate dimensions. bearings or deflection
angles and radii. arcs and central angles of all curves,
C. The name and right-af-way width af each street ar other right-of-way.
D. The lacatian, dimensions and purpase af easements.
E. Numbers ta identify each lat and/or site.
F, The purpose for which sites ather than lats are dedicated ar reserved.
G. Frant building lines an alllats and ather sites.
fl. The lacation af the flaadplain if any part af the land within the subdivisian or land
develapment is included within a flaadplain area shawn an the Tawnship Flaadplain Map'
adopted by the gaverning bady and a statement indicating building restrictions within such
areas.
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, Edilorls Note: Said map is 00 file io tbeoflicf., ortbe Towasbip Secretary.
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S 220-10
UPPER ALLEN CODE
~ ::2tl-! 1
I. The location and description of survey monument, ,md all permanent rererence
monuments.
], The names of the record owners of adjoining unplatted land,
K, Reference to recorded subdivision plats of adjoining platted land by record name. date and
number.
L. Certification of title showing thar the applicant is the owner of the land.
M, Certification by a licensed surveyor or licensed engineer certifying to the accuracy of the
survey and plat.
22012
N, A statement by the owner dedicating streets. rights-of-way and any sites for public uses
which are to be dedicated.
0, Signature blocks for all approving or reviewing agencies. including the governing body.
Commission. Township Engineer and County Planning Commission,
p, Other data. The plat shall be accompanied by the following data in a form prescribed by
the engineering specifications:
(1) Final plans and profiles of streets showing grades at a minimum scale of fifty (50) feet
horizontal to five (5) feet vertical.
(2) Cross sections of streets showing the type of construction. the width of the right-of-
way. the width of the cartway. the location and width of sidewalks and the location
and size of utility mains.
(3) Plans and profiles of proposed sanitary andlor stormwater sewers. with grades and
pipe sizes indicated. and a plan of any proposed water distribution system showing
pipe sizes and the location of valves and fire hydrants.
Q, Such certificates. affidavits (such as variances or special exceptions). endorsements or
dedications as may be required by the Commission or the governing body of the
municipality in the enforcement of these regulations.
ARTICLE IV
Design Standards
S 220-11. Suitability of land.
Land which is unsuitable for development because of hazards to life, safety. health or property
shall not be subdivided or developed until such hazards have been eliminated or unless
adequate safeguards against such hazards are provided for in the subdivision or land
development plan. Land having any of the following characteristics shall be deemed unsuitable
for development within the meaning of this section:
A. Land subject to flooding or which has a high groundwater table.
B. Land which, if developed, will create or aggravate a flooding condition upon other land,
C. Land subject to subsidence/sinkholes.
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* 220-11
SUBDIVISIOt\ AND LAND DEVELOPME!\'T
S 22()-12
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0, Land subject to underground fires,
E. Land with slopes of fifteen percent (15'iC) or greater.
F. Land which. because of topography. means of access or othet pertinent reason. is
considered hazardous by the Board of Commissioners.
G. Wetlands. as defined by the Pennsylvania Department of Environmental Resources and the
United States Army Corps of Engineers.
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S 220-12. Street system.
The arrangement. character. extent. width. grade and location of all streets shall conform to the
Official Map and the Comprehensive Plan 7 and shall be considered in their relation to existing
and planned streets. to topographical conditions and to public convenience and safety and in
their appropriate relation to the proposed uses of the land to be served by such streets. Where
not shown on the Official Map or Comprehensive Plan, the arrangement and other design
standards of streets shall conform to the provisions established herein:
A. The arrangement of streets in a new subdivision or land development shall make
provisions for the continuation of existing streets in adjoining areas.
B, Where adjoining areas are not subdivided, the arrangement of streets in a proposed
subdivision or land development shall make provision for the proper projection of streets
into the unsubdivided land and shall carry such streets to the boundaries of the
unsubdivided land. The owner of the unsubdivided land shall be given written notice of the
pending subdivision or land development, setting forth the effect of the projection of the
proposed streets across boundaries on any future development in the un subdivided land
and stating a time when the owner may appear and present objections thereto. If objections
are presented, the final determination shall be within the discretion of the Board of
Commissioners.
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C. If an arterial street or collector street existing or indicated on the Comprehensive Plan
abuts or traverses any portion of the proposed subdivision or land development, no lots
shall be laid out with direct access onto such street. Access to ,such street shall be provided
only by intersecting streets with at least eight hundred (800) feet between intersections.
D. Proposed streets shall conform to any local, county and state road or highway plans which
have been prepared, adopted and/or filed as required by law.
E. In commercial and industrial areas, adequate off-street loading and unloading space shall
be provided in accordance with Chapter 245, Zoning.
'F. Neighborhood streets shall be laid out so as to discourage through traffic.
G. Where the proposed subdivision or land development contains or is adjacent to a highway
designated as a "limited-access highway" by the appropriate highway authorities, provision
shall be made for a marginal access street, at a distance acceptable, for the appropriate use
of the land between the highway and such street. The governing body may also require rear
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7 Editor's Note: Said map aDd pl8D 8ft 08 file ia tbe office of the TOWbSbip Secretary.
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* 220-12
UPPER ALLEN CODE
* 22(1-12
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service access. double-frontage lots or such other treatment which will provide protection
for abutting properties, reduction in the number of intersections with major streets and
separation of local and through traffic.
H, [n approving names of streets. cognizance shall be given to existing or platted street n"mes
within the postal delivery district served by the post office, New streer, shall bear the ,ame
name of any continuation or alignment with an existing or planed street. See also * 220-:; 1 '
I. New half or partial streets will not be permitted, except where essential to reasonable
subdivision or land development of a tract in conformance with the other requirements and
standards of these regulations and where. in addition. satisfactory assurance for the
dedication of the remaining part of the street can be secured.
1. Wherever a tract to be subdivided or developed borders an existing half or partial street.
the other part of the street shaH be ploued within such tract.
K. Dead-end streets shaH be prohibited, except as stubs to permit future street extension into
adjoining tracts or when designed as cul-de-sacs,
L. New reserve strips, including those controlling access to streets. shall be avoided.
M, No street shall be laid out or opened which extends to or crosses any boundary between the
municipality and any other municipality. except with the specific apprm'al of the governing
body and upon such conditions as the governing body may impose. If the street is proposed
to serve a commercial area. an industrial area or a residential area of fifty (SOl dwelling
units or more located in another muqicipaliry, the street shall not be approved unless the
area is also served by a street in the other municipality and unless the relevant traffic
facilities of tbis municipality are adequate to handle the anticipated volume.
N, Proposed private streets (streets not offered for dedication) are prohibited unless designed
and constructed in accordance with applicable provisions herein, including but not limited
to such standards as private right-of way width, curbs. sidewalks, street width. typical cross
sections, drainage improvements, traffic controls and setbacks. Maintenance agreements
obligating all parties served by tbe private street shall be required.
O. Where a new subdivision or land development abuts an existing street. tbe applicant shall
provide any required dedication for widening the existing street, including but not limited
to. right-of-way and cartway width. The required right-of-way shall be provided for public
safety and convenience. Where the cartway is widened by tbe installation of curbing or
other required improvements, fill.in pav'ing shall be required. For state routes, the plan
shall show the existing legal limit of the state right-of-way and any additional right-of-way
being dedicated to the township. The right-of-way to be dedicated sball be measured from
the center line of the existing street or state route.
P. The applicant for a subdivision or land development abutting a state route shall be
responsible for obtaining a Pennsylvania Department of Transportation (PennDOT)
highway occupancy permit for any proposed improvements and completion of said
improvements.
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SUBDIVISI01\ A,f\;D LAND DEVELOPME!\'T
~ 220-13
* 220-15
* 220-13. Cul-de-sac streets.
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A, Residential cul-de-sacs shall be provided at the closed end with a paved turnaround having
a minimum radius to the outer pavement edge or curb line of fony (40) feet and a property
line radius of fifty (50) feet. Commercial and industrial cul-de-sacs shall be adequate for
the type of use 10 be serviced.
B, Temporary dead-end streets on approved plans may be used. provided thaI the developer.
on his/her own land. constructs a stabilized all-weather turnaround of the same radius as
would be required for a permanent street. the turnaround 10 be removed when the street is
continued.
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C. Permanent cul-de-sac streets shall be kept to a minimum and shall not be less than two
hundred fift" (250) feet, as measured from the intersecting street right-of-wav, nor exceed
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six hundred (600) feel in length or serve more than twenty (20) dwelling units.
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* 220-14. Street alignment.
A. Curves.
(1) Whenever street lines are deflected, connection shall be made by horizontal curves.
(2) A tangent shall be required between curves, except on neighborhood streets.
B. Sight distance. To assure adequate sight distance. horizontal and vertical curves shall be
provided on all streets as required by the engineering specifications.
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~ 220-15. Street widths.
A. Street right-of-way widths and cartways shall be not less than as shown on the following
table:
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Street or Road Widths
Minimum
Right-of- Way
(feet)
Minimum Cartway
Between Curbs
(feet)
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1)'pe of
Street/Road
Development
All types
Determined by Pennsylvania
Department of Transportation
and governing body
Arterial
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Commercial,
industrial
or residential
60 to 80
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Neighborhood
Residential lot
50
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B. Provision for additional street width (right-of-way) may be required by the governing body
and/or Commission in specific cases:
(1) For public safety and convenience.
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UPPER ALLEN CODE
* ::~(I-l'i
C I In commercial and industrial areas or in high-density residential development.
\:; I Where existing streets do not meet the requirements of Subsection A.
* 220-16. Street grades.
Streets shall be logically related to the topography so as to produce usable roads and reasonable
grades. The grade uf streets shall be as follows;
A. Center-line grades.
(1) The center-line grade should be not less than three-fourths of one percent (-)14 of 1 cr),
(2) Center-line grades shall not exceed;
(a) For a neighborhood street. ten percent (10%),
(b) For collector and arterial streets. six percent (6%).
(3) Vertical curves shall be used at changes of grade and shall be designed in accordance
with the Pennsylvania Department of Transportation publication (latest edition).
Guidelines for Design of Local Roads and Streets,
8, Leveling area. Where the grade of any street at the approach to an intersection exceeds
seven percent (7%). a leveling area shall be provided having not greater than two-percent
grades for a distance of fifty (50) feet. measured from the nearest right-of-way line of the
intersecting street. If the street descends a grade in excess of seven percent (7%) into a T-
intersection. the leveling area shall extend for a distance of one hundred (100) feet. The
grades shall be connected by a vertical curve of adequate length to obtain sight distances
required.
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~ 220.17. Street intersections.
A. Intersection design.
(1) Streets shall be laid out to intersect as nearly as possible at right angles, No street
shall intersect another at an angle of less than seventy-five degrees (75%).
(2) Multiple intersections involving the junction or crossing of more than two (2) streets
are prohibited. Where this proves impossible, such intersections shall be designed
with extreme care for both pedestrian and vehicular safety.
(3) To the fullest extent possible. intersections with major traffic streets shall be located
not less than eight hundred (800) feet apart. measured from center line to center line,
(4) Streets entering opposite sides of another Slreet shall be laid out either directly
opposite one another or with a minimum offset of one hundred fifty (150) feet
between their center lines.
B. Curb radii. Minimum curb radii at street intersections shall be twenty feet (20) for
intersections involving only neighborhood streets, thirty.five (35) feet for intersections
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* ::;O-l~
~ :20-21
including other type streets or such greater radius as is suitable to the specific intersection,
Property line corners shall be rounded with a concentric radius as provided for the curb,
* 220-18. Standard street construction.
The type of construction shall be in accordance with the current PennDOT publication.
Guidelines for Design of Local Roads and Streets. and'or as approved by the Township
Engineer. Construction operations shall be in accordance with PennDOT Specifications. Form
408 (latest edition).
~ 220-19. Blocks.
A. The length. width and shape of blocks shall be determined with due regard to:
(1) Provision of adequate sites for buildings of the type proposed,
(2) Topography.
(3) Requirements for safe and convenient vehicular and pedestrian circulation.
B. Blocks should have a maximum length of one thousand six hundred (1.600) feel and. so far
as .practicable. a minimum length of five hundred (500) feet. In the design of blocks longer
than one thousand one hundred (1.100) feet. special consideration shall be given to the
provision of satisfactory fire protection.
~ 220-20. Building lines.
A. The minimum building line. measured from the required right-of-way line, shall be
regulated by Chapter 245. Zoning.
B. Corner lots shall have extra width to permit the appropriate building setback from both
streets. For purposes of this section. the term "building line" shall be the line parallel to the
front lot line set so as to provide the minimum front yard required by Chapter 245. Zoning,
or such greater front yard as the applicant may have designated on hislher plan. The
building line shall be uniform for all lots abutting the same street.
~ 220-21. Lots.
The arrangement and other design standards of lots shall conform to the following
requirements:
A. Every lot shall abut a street.
B. Through lots are discouraged, except where desired along limited-access highways or
required due to the limitations of a specific site.
(1) Reverse-frontage lots adjacent to limited-access highways must face on an interior
street and back on such thoroughfares. Where a lot is permitted to have reverse
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~ 220-21
UPPER ALLEN CODE
* :2()~23
frontage. a landscape screen shall be provided by the developer between the 101 and
the limited-access highway.
(2) Access to other through lots shall be limited to the street of lower classification,
C. Lot size shall be controlled by the provisions of Chapter 245. Zoning,
D, Lot requirements for subdivisions or land developments containing single-family attached
dwellings, multifamily dwellings. commercial uses or industrial uses shall be controlled by
the provisions of Chapter 245. Zoning.
* 220-22. Stonn drainage.
A. Stonnwater drainage facilities, Facilities to accommodate stonnwater drainage as a result
of the proposed development of any tract of land under this chapter must confonn to the
requirements of Article VI herein. as well as the engineering specifications as are or shall
be adopted by the governing body.
B. Existing drainageways. Where a subdivision is traversed by a watercourse. drainageway.
channel or stream. there shall be provided a drainage easement confonning substantially
with the line of such watercourse. drainageway. channel or stream. The easement to be
provided shall not be less than twenty-five (25) feet wide or shall be of such greater width
as will be 'adequate to preserve the unimpeded flow of natural drainage or for the purpose
of installing a stonnwater sewer.
C. Approval. The subdivider or developer shall obtain approval of all applicable pennits from
the Pennsylvania Department of Environmental Resources and any other agency having
jurisdiction and submit a copy of the approvals to the township.
D. Comprehensive Drainage Plan. If a Comprehensive Drainage Plan has been adopted by the
municipality, the facilities for disposal of stonnwater shall be designed in coordination
with such Comprehensive Drainage Plan.
~ 220-23. Easements.
A. Minimum widths. The following minimum widths of easements shall be provided unless
otherwise specified:
(1) Underground public utility facilities (other than sanitary sewers): twenty (20) feet.
(2) Overhead public utility facilities: twenty (20) feet.
(3) Drainage facilities: twenty-five (25) feet.
(4) Sanitary sewer facilities: thirty (30) feet.
B. Building setback. See Chapter 245, Zoning.
C. Location. Easements for public utilities shall, whenever possible, be centered on lot lines.
Drainageways, channels or stream easements may be located as necessary to adequately
meet the engineering requirements for the facility.
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SUBDIVISION AND LAND DEVELOPMEJ\j
9 22(1-24
D, Transmission lines. Where narural gas. petroleum or high-tension lines are located within
or adjacent to the subdivision or land development. the applicant shall provide the
Planning Commission with a statement from the utility company involved setting forth any
special conditions which they may require.
E, The applicant shall provide the Commission with statements from the utility companies
in\'olved as to the adequacy of utility easements.
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ARTICLE V
Improvements and Construction Requirements
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* 220-24. Monuments and markers.
A. Placement and marking. Monuments and markers must so be placed that the scored or
marked point coincides exactly with the point of intersection of the lines being
monumented. They must be set so that the top of the monument or marker is level with the
surface of the surrounding ground. Concrete monuments shall be marked on top with a
brass or bronze dowel in compliance with the engineering specifications.
B. Location of monuments. Monuments must be set at:
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(1 ) One (l) corner of a lot comprising a single lot subdivision or at one (I) predominant
intersection of a street and a property line of a lot in a subdivision comprised of not
more than five (5) contiguous lots or parcels,
(2) All roadway horizontal curve PC's and PT's,
(3) At least three (3) predominant line intersections or line angles in subdivisions of more
than five (5) lots or parcels and in any land development program; when any program
of development and/or the Township Engineer may require additional monuments at
designated points.
(4) Such other points as may be required by the Township Engineer and the governing
body when usual conditions may create sight problems or cause unusual deviation
from nonnal surveying practice.
C, Location of lot markers. Markers must be set:
(1) At the beginning and ending of curves along street property lines if not monumented.
(2) At points where lot lines, either front or rear, intersect curves.
(3) At angles in propeny lines of lots.
(4) At all other lot corners.
D. Removal. Any monuments or markers that are removed must be replaced by a registered
engineer or registered surveyor at the expense of the person moving them.
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* :20-25
UPPER .~LEK CODE
S 220.26
* 220-25. Streets.
A, Street, shall be graded, surfaced and improved in accordance with the plan,. profile, and
cro" sections prepared by the applicant in accordance with Ihe engineering specification>
and approved by the governing body.
B, Subsurface drainage and all utilities shall be installed prior to placing the ,;treet surface. in
compliance with the engineering specifications.
C. Driveway entrances or aprons within the street right-of.way shall be surfaced to their full
width. the type of surface to be the same as specified by the engineering specifications for
streetS. Where sidewalks are installed. the required driveway surfacing shall end at the
street side of the sidewalk. The driveways shall be installed so that the continuation of
surface water flow will not be impeded.
S 220-26. Sewer and water systems.
A. Sewers.
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(1) Where a public sanitary sewer system is available within one thousand (l.000) feet of
or where plans approved by the governing body provide for the installation of such
sanitary sewet facilities to within one thousand (l.ooo) feet of a proposed subdivision
or land development, the subdivider or developer shall provide the subdivision or land
development with a complete sanitary sewer system as designed by a registered
professional engineer and shall connect the same to the existing sanitary sewet system
or provide for the connection thereof to the proposed sanitary sewer system at the
terminus thereof as shown on the approved plans. and the termini of said lines to be
installed shall be capped by the subdivider or developer. Where it is necessary to
cross lands not owned by the subdivider or developer in order to connect or provide
for the connection of the sewer system within the subdivision or land development to
the public sanitary sewer system, the subdivider or developer shall not be required to
make said connection but. in lieu thereof. shall contribute the cost thereof to the
municipality or the municipal authority which shall make the connection.
(2) Where a public sanitary sewer system is not available within one thousand (1,000)
feet of or where no plans have been approved by the governing body to provide for
the installation of such sewer facilities to within one thousand (1,000) feet' of a
proposed subdivision or land development. but such facilities will. in the opinion of
the governing body, become available within a period of five (5) years, then the
subdivider or developer shall install in the subdivision a complete sanitary sewer
system as designed by a registered professional engineer and connecting lines to such
proposed sanitary sewer system, and said subdivider or developer shall cap all termini
thereof.
(3) Where the installation of a sanitary sewer system is required as herein provided, the
Engineer of the municipality shall approve the design thereof and shall inspect
construction of all sanitary sewers constructed by the subdivider or developer in order
to give assurance that said sanitary sewer system will coordinate and have congruity
with the overall comprehensive sewer plans of the municipality. All sewage pumping
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SUBDIVISIOl\' AND LAND DEVELOPMEt'-.'T
g ::20-27
slalions and interceptors to be installed by the subdivider or developer shall be
designed by a reg.istered professional engineer and approved by the Engineer of the
municipality. who shall inspect construction thereof.
(4) Desig.n, approval of design and inspection fees of the Engineer of the municipality.
required under this section. shall be paid by the subdivider or developer.
(5) Where installation of a sanitary sewer system is not required under the aforesaid
provisions of this section or if required and a public sanitary sewer system is not then
a\'ailable for use. the subdivider or developer of the lot shall provide for each lot, at
the time improvements are erected thereon. a private sewage disposal system
consisting of a septic tank and tile absorption field or other approved sewage disposal
system. All such individual sewage disposal systems shall be constructed in
accordance with the rules, regulations, requirements and standards of the
Pennsylvania Department of Environmental Resources and shall be approved by the
Township Sewage Enforcement Officer.
B. Water.
(l) Where a water main supply system is within one thousand (1.000) feet of or where
plans provide for the installation of such public water facilities ro within one thousand
(1.000) feet of a proposed subdivision or land development, the subdivider or
developer shall provide the subdivision or land development with a complete water
main supply system to be connected ro the existing or proposed water main supply
syste m.
(2) If water is ro be provided by means other than by private wells owned and maintained
by the individual owners of lots within the subdivision or development, applicants
shall present evidence to the governing bOdy that the subdivision or development is to
be supplied by a certificated public utility, by a bona fide cooperative association of
101 owners or by a municipal corporation. authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission or an
application for such certificate, a cooperative agreement or a commitment or
agreement to serve the area in question, whichever is appropriate, shall be acceptable
evidence,
(3) Fire hydrants shall be installed so that each structure will be within six hundred (600)
feet of a fire hydrant or as approved by the official or agency designated by the
governing body to provide recommendations on fire safety. In residential subdivisions
or land developments, the six hundred (600) feet shall be measured only along street
lines.
~ 220-27. Storm drainage.
A. The subdivider or developer shall install a stormwater sewer system in accordance with
approved plans and profiles. The system shall be designed by a registered professional
engineer and be approved by the Township Engineer. The subdivider or developer shall
submit his/her engineer's calculations upon which the size of conduits, culverts, ponding
areas and other portions of the proposed storm sewer system has been based.
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UPPER ALLEN CODE
* ::0-30
8, \\'here a public storm sewer system of adequate capacity is available within one thousand
(1.000) feer of ur where plans approved by the governing body provide for the installation
of such a Slorm sewer syslem to within one thousand (1.000) feer of a proposed
subdivisiun or land development. the subdivider or developer shall connect the storm
sewer system for the subdivision or land development to such existing public Storm sewer
system or shall provide for the connection of the same to such proposed public Slorm sewer
syStem.
C. If no public storm sewer system of adequate capacity is presently a\'ailable within one
thousand (1.000) feet of the proposed subdivision or land development but a natural
drainage course of adequate capacity exists within such distance, the governing body may
require the subdivider or developer to connect the storm sewer system within the
subdivision or land development to such existing natural drainage course,
D. Where it is necessary to cross lands not owned by the subdivider or developer in order to
connect or provide for the connection of the storm sewer system within the subdivision or
land development to a public storm sewer system or a natural drainage course, the
subdivider or developer shall not be required 10 make said connection but. in lieu thereof.
shall contribute the cost thereof to the municipality which shall make the connection.
E. Design. approval of design and inspection fees of the Township Engineer. required under
this section. shall be paid by the subdivider or developer.
~ 220-28. As-built plans.
The subdivider or developer will furnish the municipality with as-built plans for water systems.
sanitary sewer systems and storm sewer systems within the subdivision or land development.
~ 220-29. Curbs.
Curbs shall be installed in accordance with the engineering specifications.
~ 220-30. Sidewalks.
Wherever the lots in a proposed subdivision or land development will result in a density of four
(4) or more dwelling units per net acre or where multifamily dwellings are provided. sidewalks
shall be installed in accordance with the engineering specifications. The governing body may
require installation of sidewalks in any subdivision or land development where the evidence
indicates that sidewalks are necessary for the public safety or to provide for the continuity of
pedestrian circulation or where the proposed subdivision or land ~velopment is within one
thousand (1.000) feet of existing required sidewalks. Curb cut ramps to provide access for the
disabled shall be installed at all street intersections and shall be designed and constructed in
accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
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* 220-31
SUBDIVISION AND LAND DEVELOPMEt\'T
* 220-34
~ 120-31. Street name signs.
The subdi\'ision or land development shall be provided with street name signs at all
imersectitJRs, Such signs shall conform tu township specificatiuns and shall be installed by the
subdivider or develuper. at his/her expense. in a manner specified by the Township Engineer.
Street names shall be subject to approval by the governing body and the postal authorities.
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Ii 120-32. Trees and landscaping.
In all subdivisions or land developments. the subdivider or developer shall provide trees in
accordance with a plan approved by the governing body, Trees shall not be plamed within the
right-of-way of any street or road or in any location where they may interfere with the
installation and maintenance of sidewalks or utilities.
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Ii 220-33. Right of governing body to change utility and street improvement
specifications.
In cases where any of the foregoing requirements are not deemed appropriate by the governing
body to serve in the public interest. the governing body shall reserve the right 10 increase.
change. alter or substitute the materials, manner and specification for any utility or street
improvement.
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9 220-34. Public grounds, open space. recreation and presen'ation of natural and historic
features.
A. Where a proposed school, park. playground, easement or other publicly owned or operated
facility is shown in the Comprehensive Plan or where deemed necessary by the governing
body and Planning Commission, the governing body may require the reset\'ation of such
area within the subdivision or land development. The size and location for any reservation
of land shall be suitable for the designated purpose as determined by the governing body
and Planning Commission.
B. In the layout and design of a subdivision or land development. the subdivider or developer
shall make provisions for the preservation of natural features which would add to the
aesthetic value and living amenities for the residents of the municipality, the preservation
of trees and wooded areas. the protection and preservation of watercourses and the
protection and preservation of historical points of interest.
C. If a subdivision or land development is within one thousand (1,000) feet of an historic
districr designated in Chapter 155, Historic Districts, enacted by the governing body, or if
the subdivision or land development encompasses or abuts land on which is situated an
historic property included within an official listing approved by the governing body, the
subdh'ider or developer shall be subject to such requirements and restrictions, including
buffer zones and screening, as may be imposed by the governing body for the purpose of
protecting and preserving such areas.
D, Open space.
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* 220- 34
UPPER ALLEN CODE
* 220-34
( 1) Every subdivision or land development for residential purpose, containing an
aggregate of fifty (501 or more dwelling units shall contain open space for
recreational. scenic or aesthetic purposes according to the following schedule:
(a) For subdivisions or land developments containing one hundred (100) dwelling
units or fewer. the minimum amount of open space shall be three (3) acres.
(b) For subdivisions or land developments containing more than one hundred ( 100)
dwelling units. the minimum amount of open space shall be determined by
applying the ratio of three (3) acres per one hundred (100) dwelling units to each
one hundred (100) dwelling units or fraction thereof,
(2) Contribution to Township Recreation Land Acquisition and Improvement Fund.
(a) Every subdivision or land development for residential purposes shall contribute
to the Township Recreation Land Acquisition and Improvement Fund (the
"fund") an amount as shall be set. from time to time. by rc,olution of the Board
of Commissioners per proposed dwelling unit to be constructed, This
contribution to the fund shall be paid at the time of issuance of building pennits.
Payment of the required contribution shall be included as a condition of approval
of such subdivision and land development plans,
(b) Waiver of monetary requirement.
[1] The governing body may require any subdivision or land development to
substitute a donation of recreation land in lieu of the above monetary
recreation contribution to the fund, When the governing body determines
that a particular development has unique physical characteristics. such as
size, location and topography. among other things. such that it would be
better served by internal recreation areas. it may substitute such a
requirement in lieu of the monetary contribution to the fund.
[1] When the monetarv contribution requirement is waived, which the
governing body may permit for any subdivision containing fifty (50) or
more dwelling units. the developer must set aside recreation land according
to the following fonnula:
[a] For subdivisions or land developments containing between fifty (50)
and one hundred (100) dwelling units, the minimum amount of open
space shall be three (3) acres.
[b] For subdivisions or land developments containing more than one
hundred (100) dwelling units, the minimum amount of open space
shall be determined by applying the ratio of three (3) acres per one
hundred (100) dwelling units to each one hundred (100) dwelling units
or fraction thereof.
[3] The location and distribution of open space shall be approved by the
governing body after reviewing the considerations pertaining to each
particular subdivision or land development. As a general rule, the open
space in subdivisions or land developments which border land which is
already subdivided or developed shall be located along the border of such
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SUBDIVISlOl\ AND LAND DEVELOPMENT
* 220-34
land or lands: open space in subdivisions or land developments which do
not border on land which is already subdivided or developed shall be
located in the interior of the proposed subdivision or land development. To
the extent consistent with all other considerations. the open space shall be
concentrated in one (1) or more bulk areas of nOI less than three (3) acres
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[4] Open space shall be suitably graded where necessary. provided with a
vegetative cover and. unless otherwise approved by the governing body.
landscaped. Ownership of the open space may remain in the subdivider or
developer. may be vested in an association of property owners or may be
dedicated to the township as approved by the governing body. Proper
provisions satisfactory to the governing body must be made for
maintenance and preservation of the open space.
(c) The required recreation contribution to the fund will not be waived in the case of
a developer who sets aside recreation land within a development without being
required to do so by the governing body.
(d) The moneys in the fund shall be used exclusively by the township for the
purposes of acquiring and developing new recreation areas in the township and
of acquiring. installing and developing capital improvements in new or existing
recreation areas in the township. !l is not intended that moneys from the fund be
used to provide for tbe routine and necessary maintenance and upkeep of the
township's recreation areas; such moneys are intended to be provided by and
through the township's annual budget process. Authorization of expenditures
from the fund shall be made by the governing body after taking into
consideration the recommendations of the township' S Park and Recreation
Board. The governing body shall establish administrative procedures for the
investment and disbursement of all moneys maintained in the fund,
(3) The location and distribution and access to the recreation area of the open space shall
be approved by the governing body after reviewing the considerations pertaining to
eacb particular subdivision or land development. As a general rule, tbe open space in
subdivisions or land developments which border land which is already subdivided or
developed shall be located along tbe border of such land or lands: open space in
subdivisions or land developments which do not border on land which is already
subdivided or developed shall be located in the interior of the proposed subdivision or
land development. To the extent consistent with all other considerations, the open
space shall be concentrated in one (1) or more bulk areas of not less than three (3)
acres each.
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, (4) Open space shall be suitably graded, where necessary, provided with a vegetative
cover and, unless otherwise approved by the governing body, landscaped. Ownership
of the open space may remain in the subdivider or developer, may be vested in an
association of property owners or may be dedicated to the municipality. If the open
space/recreation area is to be dedicated to the township, the transfer of ownership of
the land shall be afforded for dedication within three (3) years of final approval and
recording of the final subdivision plan or the first phase if the subdivision is
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UPPER ALLEN CODE
* :~O. 38
developed in phases. Proper provisions must be made for maintenance and
presef\'ation of the open space.
E. If a natural watercourse or drainageway abuts or runs through the proposed subdivision or
land development, the subdivider or developer shall set aside as open space a strip of land.
on each side of such watercourse. fifty (50) feet in width (measured from the nearest edge
or bank) and running the entire length of that portion of the watercourse which abuts or
runs through the subdivision or land development. Such open space shall be in addition to
the open space required in Subsection D of this section. Subdivisions or land developments
on land which abuts or comes within five hundred (500) feet of the Yellow Breeches Creek
shall be subject to such additional requirements as the governing body may deem
necessary to protect and preserve that watercourse.
S 220-35. Contributions.
If a proposed subdivision or land development will result in the need to construct or expand
traffic facilities, sanitary sewer facilities, storm sewer facilities or other public facilities.
primarily to serve the proposed subdivision or land development. the subdivider or developer
may be required to contribute toward the cost of such construction or expansion. and he/she
should consider such a request in hislher planning.
S 220-36. Staging.
When necessary to prevent hazardous conditions or other conditions adverse to the public
health. safety and convenience, the governing body may require a subdivision or land
development to be developed in two (2) or more stages and may set time periods for the
development of each stage. Such a requirement may be imposed at any time.
ARTICLE VI
Stormwllter Management Plan and Design Criteria
S 220-37. Scope.
A. A stonnwater management plan (SWMP) shall be required for each subdivision or land
development plan at both the preliminary and final submittal stages, As an integral part of
the SWMP. erosion and sedimentation control measures shall be included. A SWMP must
be approved prior to the construction of any improvements.
B. All SWMP's shall be prepared and certified by a professional engineer.
S 220-38. Content of SWMP; general drainage plan.
A. The SWMP shall contain the following:
(1) A general description of the proposed project.
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SUBDIVISION AND LAND DEVELOPME1'<l
S 220-38
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(2) The project location on a seven-and-five-tenths-minute United States Geol02ical
Survey map. including boundaries and the area of the drainage area in which the
project is located,
(3) Topographic features of the project site and adjacent lands that may impact upon the
storm water management design.
(a) This data shall include:
[1] Flow direction arrows to indicate the natural drainage pattern of the site,
[2] Contour lines at two-foot intervals for slopes of ten percent (10%) or less.
[3] Contour lines at five-foot intervals for slopes of greater than ten percent
(10"<).
(b) Contour data shall be based on the United States Geological Survey bench mark.
and the location or description of said bench mark shall be indicated on the plan,
(4) The names of the owner! s) of all aojoining land.
(S) The names of existing or proposed developments of adjacent land and the locations
and dimensions of all streets andior easements in each development.
(6) The existing and proposed use of the tract.
(7) The total number of lots and the total acreage of the site.
(8) Tract boundaries with bearings. distances and curve data,
(q) Identification of existing storm water drainage facilities. within and beyond the
subdivision or land development, which may be impacted by the proposed project.
(10) Runoff calculations and related design computations of the total drainage basin
necessary to substantiate the proposed temporary and permanent stormwater
management facilities. i.e.: pre- and post-development drainage area delineation,
curve number'coefficient weighting. time of concentration calculations and flow paths
used, hydrograph computations and basin routing. All calculation sheets shall be
signed by the designer and checked before final submission.
(11) The design and specifications of temporary and permanent stormwater management
facilities.
(12) The staging or implementation schedule for constructing the proposed stormwater
control system.
(13) Provisions to ensure adequate maintenance of stormwater management facilities.
(14) The signature of the preparer certifying the accuracy of the plan.
B. If the subdivision or land development is to be developed in stages, a general drainage plan
for the entire tract shall be provided, with the first stage and appropriate development
stages for the drainage system indicated thereon.
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UPPER ALLE~ CODE
~ 220-30
* 220-39. Design standards.
A. Computation, for determining stormwater runoff and for the design of stormwarer
management facilities shall be based upon the Rational Method as described in the
PennDOT Design Manual (latest edition). Pan 2. Chapter 10. or the SoiI-Cover-Complex
Method described in either TR-55 (latest edition). Urban Hydrology for Small Watersheds:
the United States Depanment of Agriculture. Soil Conservation Service. Engineering Field
Manual: or the Soil Conservation Service National Engineering Handbook.
B. Computations based upon an alternative method may be accepted upon recommendation of
the Township Engineer and approval of the governing body. The following standards shall
apply. All designs and calculations shall take into consideration the entire upstream
drainage basin.
22028
(1) All predevelopment calculations. unless in woodland. shall be based upon the
assumption of grass cover, and predevelopment stormwater runoff shall be calculated
for the two., five-, ten- and twenty-five-year storm events. Where the site contains
existing impervious surface, up to fifty percent (50%) of the impervious area may be
considered as an existing predevelopment condition.
(2) All stormwater detention pond design and calculations shall be accompanied by the
following:
(a) Either singular or composite inflow hydrographs.
(b) Stage-storage data.
(c) Stage-discharge data.
(d) Storage-routing calculation.
(e) Other data as required by the Township Engineer.
(3) Postdevelopment release rates from storage structures shall coincide with all
predevelopment runoff rates for the primary outlet structure.
(4) Storage structures shall be sized to store the difference between the postdevelopment
twenty-five-year peak runoff and the predevelopment twenty-five-year peak runoff for
the primary outlet structure.
(5) All storage structures or facilities will be designed with emergency spillways
sufficient to handle the one-hundred-year postdevelopment storm event.
(6) Culverts, pipes and other water-carrying structures shall be designed, using the
Rational Method, to handle peak discharge from the ten-year postdevelopment storm
event. Cross culverts under the township roads shall be designed to pass the twenty-
five-year runoff through the proposed site and shall be designed to carry the twenty-
five-year postdevelopment flow.
(7) Inlet efficiency computations shall be provided in accordance with the PennDOT
Design Manual, Part 2, Chapter 10 (as revised), or other accepted method.
(8) The minimum pipe size in a storm sewer system shall be fifteen (15) inches.
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SUBDI\'ISION AND LAND DEVELOPMENT
* :!:!0-3Q
(<J) Pipe materials and placement shall conform 10 accepted locations according 10 the
PennDOT Design Manual. Pan 2, Chapter 10 (as revised),
(10) Pipe underdrain shall be provided in all roadway sag conditions and as otherwise
required by the Township Engineer.
(I I) The SWMP shall include calculations indicating velocities of flow, grades. sizes and
capacities of water-carrying structures, debris or sedimentation basins and detention
ponds and sufficient design information to construct such facilities.
(12) Concentrated flow from stormwater facilities shall not discharge directly onto a
township road.
(13) Subsurface infiltration will only be considered as an alternative if no other
management is feasible from a technical point of view. The lack of space for
delention ponds will not be considered as a reason for permitting subsurface
infiltration.
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(14) Subsurface infiltration shall not be permitted in areas where it will adversely affect
subsurface sewage disposal.
(15) Subsurface infiltration will only be permitted after the applicant has completed an
engineering study of the site. This study shall include but is not limited to:
(a) Soil compatibility and permeability, as proven by geotechnical analysis,
(b) A maintenance program.
(C) Calculations as per a proven theory or acceptance by an authority in the field of
subsurface infiltration.
(16) All natural drainageways and existing contouring of predevelopment drainage
patterns shall be preserved to the maximum extent possible, and post development
drainage patterns shall simulate predevelopment patterns.
(17) Calculations for development shall anticipate the maximum area to be impervious as
permitted in Chapter :!45. Zoning.
(18) Stormwater runoff shall be based on the following twenty-four-hour storm events:
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Stonn Frequency
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Rainfall
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3.8
4.7
5.1
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10
25
50
100
(19) Maximum permitted velocities are as follows:
(a) Three (3) feet per second where only sparse vegetation can be established.
22029
6-inch tock rip-rap
9-inch rock rip-rap
Asphalt
Durable bedrock
12-inch rock rip-rap
Concrele or sleel
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(b) Four (4) feet per second under normal conditions where vegetation can he
established by seeding.
Ie) Five (5) feet per second where a dense. vigorous sod can be quickly established
or whete water can be lemporarily diverted during establishmem of vegetation,
(d) Six (6) feet per second where well-established sod is in existence.
(e) For lined water-carrying channels, Ihe following:
Maximum Velocity
(feet per second)
Channel Lining
(f) Ten (10) feet per second for open channel flows.
(20) The minimum permitted velocity of all channels/pipes shall be three (3) feet per
second.
(21) Horizontal and vertical alignment changes of the collection system shall be achieved
through the use of manholes andlor inlets.
(22) The minimum slope for unlined, open channels shall be two percent (2%): the
minimum slope for pipes and lined channels shall be one-half percent (1f~%).
(23) Energy dissipaters/erosion-conlrol devices shall be placed at the outlets of all pipes
where flow full velocities exceed maximum permitted channel velocities.
(24) Vertical pipes. inlets and other surface-water receiving structures shall be installed
with trash racks or so designed to control trash accumulation.
(25) Stormwater runoff channels shall be designed and installed to avoid trapping excess
sediment, except if structures are so designed to trap sediment.
(a) Where stormwater detention basins are also intended for sediment conlrol. they
will be redesigned 10 meet the requirements of Chapler 102. Erosion Control. of
the Rules and Regulations of the Pennsylvania Department of Environmental
Resources.
(b) Storage of equivalent storm water runoff for a portion of a property may be
considered in lieu of storage of generated runoff, provided that:
[1] The site is located so that il is physically impossible to detain runoff from
the proposed facilities or drainage problems exist upgrade that would
impact upon the site or downgrade properties.
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SUBDIVISION .A.ND LAND DEVELOPME!\'T
* 22(1-41
[:] The impact of genera red runoff discharging off rhe site, from the subdivision
or land development is determined by the Township Engineer fO be
negligible and nor detrimental to adjacent properties.
[3] Implementation of equivalent sfOrage shall be determined applicable and
feasible by the Township Engineer.
[4] The use of parking lots for detention storage may be approved by the Board
of Commissioners after review and recommendations from the Township
- Engineer,
[5] No storm water runoff or natural drainage water shall be so diverted as to
overload existing drainage systems or create flooding or the need for
additional drainage structures on other private properties or public lands
without approved provisions being made by the developer for properly
handling such conditions.
(26) Grading for major subdivisions and land developments shall be to the street right-of-
way line and, where extreme cuts andlor fills are proposed, as may be required by the
Township Engineer.
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~ 220-40. Erosion and sedimentation control.
In those areas involving residential development where there are no new improvements being
proposed (i.e., no new streets. drainageways, detention ponds, etc.) andior other stormwater
management facilities. a typical individual lot erosion and sedimentation control plan or
notation shall be placed on the subdivision or land development plan. In all other instances. the
erosion and sedimentation control plan shall be submitted to the County Conservation District
for its review and approval prior to final plan approval.
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~ 220-.H. Ownership and maintenance program.
Each SWMP shall contain provisions which clearly set forth the ownership and maintenance
responsibility of all temporary and permanent stormwater management facilities and erosion
and sedimentation control facilities, including:
A. A description of temporary and permanent maintenance requirements.
B. Establishment of suitable easements for access to all facilities by county and township
officials.
C. Identitication of the party or entity responsible for ownership and maintenance of both
temporary and permanent stormwater management and erosion control facilities. In
meeting this requirement, the following priority is herein established: The applicant shall
offer to dedicate the stormwater management facilities to the township. Dedication of the
facilities to the township shall be done in accordance with the requirements of this chapter.
As a condition of township acceptance of said facilities. the applicant shall provide funds
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UPPER ALLEN CODE
* 220-44
in accordance with the appropriate fee schedule established by the Township Board of
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* 120-42. Stonnwater management construction standards.
Basic construction criteria. Construction standards of Slormwater management and erosion
control facilities shall be in accordance with the approved plans and accompanying
specifications. if any, Theconstruction details and standards of the following publications. in
their most recent revision, shall control:
A. PennDOT. Form 408, Specifications.
B, PennDOT. RC Series. Roadway Construction Standards,
C. Construction and materials specifications as have been or shall be adopted by the Board of
Commissioners.
ARTICLE VII
Fees
~ 220-43. Preliminary and final plats.
At the time of filing a preliminary subdivision plat or a final subdivision plat, the applicant shall
deliver to the municipality a check payable to the municipality in an amount as set by
resolution of the governing body. At the time of filing a preliminary land development plat and
at the time of filing a final land development plat, the applicant shall deliver to the municipality
a check payable to the municipality in an amount as set by resolution of the governing body.
Said amount shall be used by the municipality to cover the costs of processing the plat.
including engineering review costs, legal review costs (if necessary), administrative costs and
other costs. If said amount is not sufficient to cover such costs. the applicant shall furnish
additional amounts, from time to time, when called upon to do so. All amounts so furnished
shall be held by the municipality in escrow until the plat has been fully processed and shall be
governed by the provisions of 9 220-39. No plat shall be released to the applicant until all costs
of processing it have been paid.
* 220-44. Construction of improvements.
Upon approval by the governing body of a final plat, the applicant, in addition to all bonds or
other security required, shall deliver to the municipality a check payable to the municipality in
an amount determined by resolution of the governing body. Said amount shall be used by the
municipality to cover the costs of assuring the proper construction and completion of said
improvements, including inspection during installation, .inspection upon completion.
administrative costs and other related costs. If said amount is not sufficient to cover such costs,
the applicant shall furnish additional amounts. from time to time. when called upon to do so.
All amounts so furnished shall be held by the municipality in escrow until all improvements
8 Editor's Note: See Ch. AlSO. Fees.
22032
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SUBDIVISION A.ND LAND DEVELOPME)\'T
* 220-4 ~
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have been completed and shall be governed by the provisions of * 220-34, l\io lot shall be sold
and no permit to erect. alter or repair any building shall be issued with respect to the land
included in said final plat until all costs of assuring the proper construction and completion of
improvements have been paid.
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Deposits shall be credited to each escrow account as they are made. and costs shall be charged
against each escrow account as they are incurred. The applicant shall be furnished with the
details thereof upon request. A minimum charge for administrative costs. as set by resolution of
the governing body. shall be charged against each escrow account. At such time as the escrow
account may be terminated. any excess amount remaining therein after all costs have been paid
shall be refunded to the applicant.
ARTICLE VIll
Variances and Waivers
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~ 220-46. Procedures governing variances and waivers.
A. Where. owing to special conditions. a literal enforcement of the provisions of this chapter
will result in unreasonable hardship. the governing body may make such reasonable
variances thereto which are in accordance with modem and evolving principles of site
planning and land development and which are not contrary to the public interest and so that
the spirit of this chapter shall be observed and substantial justice done.
B. The governing body may alter site requirements to encourage and promote flexibility.
economy and ingenuity in the layout and design of subdivisions and land developments
and to encourage other practices which are in accordance with modern and evolving
principles of site planning and development.
C. An application for any variance or waiver shall be submitted, in writing. by the applicant at
the time the preliminary plat is filed with the governing body. The application shall state
fully the grounds and all the facts relied upon by the applicant and specific provisions or
sections of the ordinance for which the waiver is being sought.
D. Wherever a variance is requested by the applicant, the governing body shall refer the
mailer to the Planning Commission for its review. The Planning Commission shall study
the request. make findings, record the findings in its minutes and submit the findings to the
governing body.
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ARTICLE IX
Administration and Enforcement
~ 220-47. Enforcement.
It shall be the duty of the Building Inspector, Zoning Officer or other such duly authorized
representative of the governing body and they are hereby given the power and authority to
enforce the provisions of this chapter. The Zoning Officer shall require that the application for a
22033
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UPPER .~LE~ CODE
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building or a zoning pennit contain all infonnalion necessa[\ to enable him/her 10 ascenain
whether the proposed building. alteration or use is located in an approved subdivision or land
development. )\;0 building or zoning pennit shall be i"ued untillhe Zoning Officer has cenified
that the site for the prc'posed building. alteration or use complies with all of the provisions of
this chapter and conforms to the site description as indicated on the approved and recorded final
plat.
* 220-48. Violations and penalties.
A. Any person, partnership or corporation who or which has violated the provisions of any
subdivision or land development ordinance enacted under this chapter or prior enabling
laws shall. upon being found liable therefor in a civil enforcement proceeding commenced
by a municipality. pay a judgment of not more than five hundred dollars ($500,). plus all
court costs. including reasonable attorney fees. incurred by the municipality as a result
thereof. No judgment shall commence or be imposed. levied or payable until the date of
Ihe determination of a violation by the District Justice. If the defendant neither pays nor
timely appeals the judgment. the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues shall constitute a
separate violation. unless the District Justice determining that there has been a violation
further determines that there was a good-faith basis for lhe person. partnership or
corporation ,'iolating this chapter to have believed that there was no such violation. in
which event there shall be deemed to have been only one (1) such violation until the fifth
day following the date of the determination of a violation by the District Justice. and
thereafter each day that a violation conrinues shall consritute a separate violation.
B, The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown.
tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. Nothing contained in this section shall be construed or interpreted to grant to any person or
entity other than the municipality the right to commence any action for enforcement
pursuant to this section.
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* 220-49. Effect on existing provisions.
Nothing in this chapter hereby adopted shall be construed to affect any suit or proceeding now
, pending in any coun. any rights accrued or liability incurred or any cause or cau.~es of action
accrued or existing under any ordinance repealed by this chapter. nor shall any right or remedy
of any character be lost. impaired or affected by this chapter.
~ 220-50. Higher standards to prevail.
In any case where a provision of this chapter is found to conflict with the provision of a zoning.
building. fire, safety or health ordinance or code of this municipality or law, rule or regulation
of the Commonwealth of Pennsylvania, the provision which established the higher standard for
the promotion and protection of the health and safety of the people shall prevail. In any case
where a provision of this chapter is found to be in conflict with the provisions of another
ordinance or code of this municipality or law, rule or regulation of the Commonwealth of
22034
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~ 220-50
SUBDIVISION .AND LAND DEVELOPMHiT
* :20-50
Penn,,'h'ania which establishes a lower standard for the promotion and protection of the health
and safety of the people. the provisions of this chapter shall be deemed to prevail. and such
Llther ordinances or codes are hereby declared to be repealed to the extent that they may be
fLlund in conflict with this chapter.
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ORDINANCE NO. 488
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AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN
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CUMBERLAND COUNTY, PENNSYLVANIA, AMENDING CHAPTER
220 OF THE CODIFIED ORDINANCES OF THE TOWNSHIP,
ENTITLED SUBDMS/ON AND LAND DEVELOPMENT, TO REVISE
SUBMISSION DATES AND REVIEW DEADLINES FOR
SUBDIVISION AND LAND DEVELOPMENT PLANS.
Be it ordained by the Commissioners of the Township of Upper Allen as follows:
Section 1.
Chapter 220, Article III of the Code of the Township of Upper Allen, entitled Plat
Requirements and Processing Procedures is amended and revised as follows:
Subsections (E) and (F) of ~220-7, Preliminary plat procedures, shall be amended as set
forth below:
~220-7(E). The last sentence of such subsection shall be replaced with the
following: "No preliminary plat shall be considered by the
Commission unless it has been filed with the governing body no later
than on the first business day of the month in which the next regular
meeting of the Commission is to be held."
9220-7(F). The first sentence of such subsection shall be replaced with the
following: 'Within ninety (90) days after the date of the regularly-
scheduled meeting of the Commission at which the plan is presented,
subject to the requirements of ~220-7(E), the governing body shall
approve the preliminary plat, approve it with conditions or disapprove
it and shall communicate its decision, in writing, to the applican!."
Subsections (D) and (E) of 9220-9, Final plat procedures, shall be amended as set forth
below:
9220-9(D)
The last sentence of such subsection shall be replaced with the
following: "No final plat shall be considered by the Commission
unless it has been filed with the governing bOdy no later than on the
first business day of the month in which the next regular meeting of
the Commission is to be held."
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g220-9(E) The first sentence of such subsection shall be replaced with the
following: 'Within ninety (90) days after the date of the regularly-
scheduled meeting of the Commission at which the plan is presented,
subject to the requirements of 9220-9(0), the governing body shall
approve the final plat, approve it with conditions or disapprove it and
shall communicate its decision, in writing, to the applicant"
Section 2.
If any provision of this Ordinance shall be held invalid, its invalidity shall not affect any
other provisions of this Ordinance that can be given effect without the invalid provision,
and for this purpose the provisions of this Ordinance are hereby declared to be severable.
Section 3.
All other Ordinances or parts of Ordinances inconsistent herewith shall be and hereby are
repealed.
Section 4.
Nothing in this Ordinance hereby adopted, shall be construed to affect any suit or
proceeding impending in any Court, or any rights acquitted or liability incurred, or any
cause or causes of action acquired or existing, under any act or ordinances hereby
repealed as cited in Section 3 of this Ordinance; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by this Ordinance.
Section 5.
This Ordinance shall become effective immediately.
ORDAINED this 16th day of June, 1994.
Attest:
(~1.Sf
D:IWP51 'MANAGERISUBDIV.l
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UPPER ALLEN TOWNSHIP
ORDINANCE NO. 497
AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN,
COUNTY OF CUMBERLAND, COMMONWEALTH OF
PENNSYLVANIA. TO AMEND THE CODE OF THE
TOWNSHIP OF UPPER ALLEN. CHAPTER 220,
SUBDIVISION AND LAND DEVELOPMENT, TO ALLOW
PRELIMINARY/FINAL LAND DEVELOPMENT PLANS UNDER
CERTAIN CONDITIONS, TO CLARIFY PROVISIONS
REGARDING ACCESS TO SUBDIVIDED LOTS. AND TO
CLARIFY AND EXPAND REQUIREMENTS FOR THE
SUBMISSION OF AS-BUILT PLANS FOR UTILITY
IMPROVEMENTS; AND TO AMEND CHAPTER 245,
ZONING REGARDING CERTAIN DEFINITIONS.
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BE IT ORDAINED by the Commissioners of the Township of Upper Alien as follows:
SECTION 1.
Chapter 220, Section 220-9A of the Code of the Township of Upper Allen, entitled
Final Plat Procedure, is hereby amended to read as follows:
A. The applicant shall file with the governing body thirteen (13)
copies of a final plat of the proposed layout of all or a portion of the
subdivision or land development. Where, upon review of a written
request from the, applicant/developer, a proposed subdivision or land
development plan meets the following criteria, the Planning Commission
may review and the Board of Commissioners may approve the plan as
both a Preliminary and Final plan in one submission, thereby excusing
the applicant from submitting a separate Preliminary plan. Such plan
shall be identified as a .Preliminary/FinaIM plan.
(1) Any subdivision of land which contains no more than
three (3) lots, does not propose the construction of public
or private streets or other improvements to be dedicated to
the public, and does not propose the establishment of new
public easements or rights-of-way other than an
unimproved drainage easement or additional right-of-way
dedication to an existing street, may be considered as a
Preliminary/Final subdivision, provided that such plan and
supporting documents comply in all applicable respects
with the requirements for both preliminary and final
subdivision plans.
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(2) Any land development plan which proposes no more
than one (1) residential structure containing not more than
six (6) dwelling units or one (1) non-residential structure
with no more than three (3) prospective occupants or
tenants located on a single parcel of land, which does not
propose the construction of public or private streets or
other improvements to be dedicated to the public, and does '
not propose the establishment of new public easements or
rights-of-way other than an unimproved drainage easement
or additional right-of-way dedication to an existing street,
may be considered as a Preliminary/Finalland development,
provided that such plan and supporting documents comply
in all applicable respects with the requirements for both
preliminary and final land development plans. -
SECTION 2.
Chapter 220, Section 220-21A. of the Code of the Township of Upper Allen, entitled
Lots is hereby amended to read as follows:
A. All lots created through subdivision shall have direct access to
a public street, or to a private street constructed to public street
specifications, existing or proposed. The minimum frontage shall be fifty
(50) feet. Frontage shall be measured along the street right-of-way line.
Where both currently existing and dedicated right-of-way lines exist,
measurement of lot frontage shall be taken at the dedicated right-af-way
line. Frontage along streets classified as principal arterials, freeways or
interstate highways as defined by this ordinance, or other limited access
streets, shall not be considered in fulfillment of this requirement unless
permitted access is obtained from the proper state or local authority.
SECTION 3.
Chapter 220, Section 220-28 of the Code of the Township of Upper Allen, entitled
As-Built Plans, is hereby amended to read as follows:
The subdivider or developer shall furnish to the municipality reproducible mylars and,
whenever available, electronic data files, of all drawings showing the water system,
sanitary sewer system, and storm sewer system, modified as necessary to show the
facilities as constructed. All drawings must be 24w x 36", and must be signed and
sealed by a professional engineer or professional land surveyor attesting to the
correctness of the facility information shown. Electronic data files shall be in a format
designated by the Township at the time as-built drawings are prepared. The
Township intends to use prints of the mylar drawings to provide information to
designers and contractors as required by the Commonwealth of Pennsylvania Act 287
as amended, and to maintain municipal records.
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Where applicable, the drawings must be accompanied by sanitary sewer lateral
installation reports, to be prepared on a form provided by the Township. The sanitary
sewer lateral installation report must contain, as a minimum, the following
information:
A. Development name, street name and manhole numbers;
B. The measurement to locate the wye or tee branch along the centerline
of the main sewer from the downstream manhole to the center of the
wye or tee branch;
C. The measurements to locate the upper free end of the lateral pipe,
including the horizontal distance from the centerline of the main to the
lateral pipe end, the depth from the ground surface or top of curb to the
invert of the lateral pipe, and the horizontal distance from two front
property markers or two front house corners.
SECTION 4.
Chapter 245, Article II Terminology, Section 245-13 Definitions, shall be amended to
read as follows:
Under the'term BUILDING, sub-paragraph F. entitled Required Minimum Building
Setback Line shall be changed to read as follows:
F. REQUIRED MINIMUM BUILDING SETBACK LINE - The line within a
property defining the required minimum distance required by this
ordinance according to zoning district location, between any main
building or structure and the front, side or rear property line. It shall be
a straight line parallel to the front, side or rear property line of rectilinear
lots. On a curvilinear lot, such fine shall be radial to the arc. No point
on the parallel to the tangent shall be a distance less than the minimum
required. The required minimum building setback shall be measured
from the existing legal right-of-way line of the street, or from the
dedicated right-of-way line, whenever such additional right-of-way
dedication has been made.
Chapter 245, TABLE OF DIMENSIONAL REQUIREMENTS is hereby amended to
change the wording of the titles of two column headings as follows:
The third column from the left, entitled shall be changed to Minimum
Lot Width at the Required Minimum Building Setback Line (feet).
The column heading over the columns labelled Front, Side, and Rear,
entitled shall be changed to Required Minimum Building Setback (feet).
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SECTION 5.
If any provision of this ordinance shall be held invalid, its invalidity shall not affect any
other provisions of this ordinance that can be given effect without the invalid
provision, and for this purpose the provisions of this ordinance are hereby declared
to be severable.
SECTION 6.
All other ordinances or parts of ordinances inconsistent herewith shall be and hereby
are repealed.
SECTION 7.
Nothing in this ordinance hereby adopted shall be construed to affect any suit or
proceeding pending in any Court, or any rights acquired or liability incurred, or any
cause or causes of action acquired or existing, under any act or ordinances hereby
repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or
remedy of any character be lost. impaired or affected by this ordinance.
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SECTION 8.
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This ordinance shall become effective immediately.
ENACTED AND ORDAINED THIS 21st DAY OF NOVEMBER. 1996
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BOARD OF COMMISSIONERS
TOWNSHIP OF UPPE
ATTEST:
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ZONING
Chapter 245
From the
CODE
of the
TOWNSHIP OF UPPER ALLEN.
GENERAL CODE PUBUSHERS CORP.
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Chapter 245
From the
CODE
of the
TOWNSHIP OF UPPER ALLEN
COUNTY OF CUMBERLAND
COMMONWEAL1H OF PENNSYLVANIA
{Printed as adopted 8-20-1992 as Ord. No. 465 and as
slated for amendment at time of adoption of Code. Consult
municipal records for posSl"ble amendments adopted
thereafter and for date of Code adoption.]
GENERAL CODE PUBUSHERS CORP.
72 Hinchey Road
Rochester, New York 14624
1993
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,
Chapter 245
ZONING
ARTICLE I f 245-18. Uses permitted by right.
General Provisions 1245-19. Uses permitted by special
I 245-1. Title. exception. -
I 245-2. Statutory authoqty. I 245-20. Nonpermitted uses.
I 245-3. Conformance required. I 245-21. Uses by special exception.
I 245-4. Submission of County I 245-22. Accessory uses and structures.
Planning CommisSion I 245-23. Table of Use Regulations.
recommendations. I 245-24. Fences.
I 245-5; Purpose. I 245-25. Outdoor swimming pools.
I 245-6. Remedies. I 245-26. Accessory buildingslstorage
1245-7. .. Clllnmunity development sheds.
objectives. 1245-27. Home occupations.
I 245"8. Provisions to be miniml1lJl I 245-28. Boardinghouses.
requirements; more restJ:ictive
proviSions to prevail. I 245-29. Conversion apartments.
I 245-9. Repealer. I 245-30. Apartment dwellings.
1245-10. Effect on proceedings pending I 245-31. Extractive operations.
under previous legislation.
1245-11. Coordination with subdivision ARTICLE V
ordinance. Dimensional Requirements
I 245-32. Exceptions to heigh~
ARTICLE n limitations.
Terminology I 245-33. Special front yard.
I 245-12. Word usage. requirements.
I 245-13. Definitions. I 245-34. Traffic viSibility across
comers.
ARTICLE ill I 245-35. Projections.
Zoning Districts I 245-36. Multiple frontage lots.
1245-14. Districts estabHsheti. f 245-37. Spacing of nonresidential
I 245-15. Zoning Map. buildings on property in single
ownership.
1245-16. Interpretation of district
boundaries. ARTICLE VI
Performance Standards
ARTICLE IV I 245-38. Compliance required.
Use Regulations
I 245-39. Noise.
1245-17. Use of buildings, structures
and land restricted. I 245-40. Smoke and gases.
24501
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UPPER ALLEN CODE
~ 245-41. Odor. ~ 245-66. Temporary signs.
~ 245-42. Heat. ~ 245-67. Sign area.
~ 245-43. Glare. ~ 245-68. Size limitations and
~ 245-44. Vibrations. restrictions.
~ 245-45. Buffering. ~ 245-69. Off-premises advertising signs.
~ 245-46. Buffer yards. ~ 245-70. Real estate development signs.
~ 245-71. Industrial park signs. -
ARTICLE vn ~ 2415-72. Signs permitted in all districts
Floodplain Regulations without permit.
~ 245-47. Intent. ~ 245-73. Signs prohibited in all districts.
~ 245-48. Inspection by state ~ 245-74. Variances.
departments; jurisdiction of U45-75. Enforcement by Zoning
Department of Environmental Officer.
Resources. ~ 245-76. Permits to build new
~ 245-49. Specific floodplain areas. permanent sign or alter or
~ 245-50. Special requirements of move existing permanent sign.
floodplain areas. ~ 245-77. Permits for temporary signs.
~ 245-51. Change in the Floodplain ~ 245-78. Violations and penalties.
Conservation District. ~ 245-79. Fees.
~ 245-52. Permitted uses and activities.
~ 245-53. Uses by special exception. ARTICLE IX
~ 245-54. Dispute over floodplain district Off-Street Parking and Loading
boundaries. ~ 245-80. Off-street parking.
~ 245-55. Municipal liability.' ~ 245-81. Driveways and access drives.
~ 245-56. Flood control facilities. ~ 245-82. Required off.street parking
~ 245-57. Production/storage of spaces.
hazardous materials. ~ 245-83. Change in requirements.
~ 245-58. Special permits. ~ 245-84. Conflict with other uses.
~ 245-59. Jurisdiction of Department of ~ 245-85. Continued maintenance of
Environmental Resources. parking facilities.
~ 245-86. Use of common parking lots.
ARTICLE vm ~ 245-87. Fractional parking spaces.
Signs ~ 245-88. Location of parking spaces.
~ 245-60. Intent. ~ 245-89. Design standards.
~ 245-61. Permitted signs. ~ 245-90. Required off.street loading
~ 245-62. Setback requirements. berths.
~ 245-63. Number restricted. ~ 245-91. Off -street loading facility
~ 245-64. Height limit. specifications.
~ 245-65. Safety and maintenance. ~ 245-92. SpeclaI exceptions for off-
street parking.
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ARTICLE X
Nonconformities
Continuation of preexisting
nonconforming lots and
structures.
Restoration.
Abandonment.
Changes in use.
~ 245-95.
~ 245-96.
~ 245-97.
ARTICLE XI
Planned Residential Development
~ 245.98. Purposes.
~ 245-99. Definitions.
~ 245-100. Eligibility.
~ 245-101. Permitted uses.
~ 245-102. Density restrictions.
~ 245-103. Land in two or more
municipalities.
~ 245-104. Design, bulk and location
standards.
~ 245-105. Development in stages.
~ 245-106. Stan.dards for location and
management of open space.
~ 245-107. Application for tentative
approval.
~ 245-108. Public hearings.
~ 245-109. Findings.
~ 245-110. Status of plan after tentative
approval.
~ 245-111. Application for final approval.
~ 245-1U. Atlmini<tration and review.
~ 245-113. Adoption and amendment of
regulations.
ZONING
ARTICLE xn
Atlmini<tration and Enforcement
~ 245-114. Powers and duties of Zoning
Officer.
~ 245-115. Limits of authority.
~ 245-116. Enforcement.
~ 245-117. Violations and penalties.
~ 245-118. Bullding permits.
~ 245-119. Occupancy permits.
~ 245-120. Fees.
~ 245-121. Applications for special
exception or variance.
245-121.1 Conditional Use (Ind.)
ARTICLE xm
Zoning Bearing Board
~ 245-122. Establishment of Board.
~ 245-123. Membership; election of
officers.
~ 245"124. Removal of members.
~ 245-125. Interpretation appeals.
~ 245-126. Variance appeals.
~ 245-127. Special exceptions.
~ 245-128. Challenge to validity of
ordinances.
~ 245-U9. Parties appellant before board.
~ 245-130. Bearings required; notice of
hearings.
~ 245-131. Conduct of meetings.
~ 245-132. Records and decisions.
~ 245-133. Appeals to court.
~ 245-134. Time limit for special
exceptions and variances.
ARTICLE XIV
Amendments
~ 245-135. Power to amend.
~ 245-136. Initiation of amendments.
~ 245-137. Public meeting.
24503
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UPPER ALLEN CODE
~ 245-3
Table of Use Regulations
Table of Dimensional
Requirements
[HISTORY: Adopted by the Board of Commiuloners of the Township of Upper Allen
8-20-1992 as Ord. No. 465. Amendments noted where appllcable.]
PIamIiDg rn_....... _ See Ch. 58.
Historic districts - See Ch.155.
JDDk andjoDkyards - See Ch.160.
GENERAL REFERENCES
S_on and land developmeut - See Ch. 2ZO.
Fees - See Ch. A2S0.
ARTICLE I
General Provisions
~ 245-1. Title.
This chapter contains an ordinance regulating the use of land area, watercourses and water
bodies; the size, height, bulk, location, erection, construction, repair, maintenance, alteration,
razing, removal and use of structures; areas and dimensions of land and bodies of water to be
occupied by uses and structures, as well as areas, courts, yards and other open spaces and
distances to be left unoccupied by uses and structures; and the density of population and
intensity of use. This chapter may be cited as the "Upper Allen Township Zoning Ordinance."
~ 245-2. Statutory authority.
Section 601 of the Pennsylvania Muni~ipaIities Planning Code (Act 247 of 1968, P.L. 80S, as
amended)l provides that the Upper Allen Township Commissioners may implement
comprel;lensive plans or accomplish any of the puxposes of Act 247 by enacting a zoning
ordinance.
~ 245-3. Conformance required.
This chapter requires that, within Upper Allen Township, in the County of Cumberland of the
Commonwealth of Pennsylvania, no land, body of water or structure shall hereafter be used or
occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered unless inconformity with all the regulations and procedures
herein specified for the district in which such land, body of water or structure is located.
1 Editor's Note: See 53 P.5. U0601.
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. ZONING
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~ 245-4. Submission of County Phlnning Commission recommendations.
The Cumberland County Planning Commission is empowered under Sections 607 and 609 of
the Pennsylvania Municipalities Planning Code (Act 247? to submit its recommendations on
the proposed adoption, amendment or repeal of any municipal zoning ordinance or part thereof.
Proposals shall be submitted to the Tri-County Regional Planning Commission at least thirty
(30) days for amendments and forty-five (45) days for new ordinances in advance of action by
the Township Commissioners.
~ 245-5. Purpose.
The zoning regulations and districts herein set forth have been made in accordance with the
Comprehensive Plan and are designed to:
A. Promote, protect and facilitate the public health, safety, morals and general welfare,
coorriin.t...d and practical community development, proper density of popu1ation, civil
defense, disaster evacuation,aiIports and national defense facilities and the provision of
adequate light and air, police protection, vehicle parking and loading space, transportation,
water, sewerage, schools, public grounds and other public requirements; as well as
B. Prevent overcrowding of land, blight, danger and congestion in travel and transportation
and loss of health, life or property from fire, flood, panic or other dangers.
~ 245-6. Remedies.
In any case where any building, strUcture or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained or Used in violation of this chapter or any duly
enacted amendment hereof, ,the governing body or any owner of real estate within the district in
which such building, structure or land is situate may, in addition to other remedies provided by
law, institute appropriate action or proceedings to prevent, restrain, correct or abate such
building, strUcture or land or to prevent in or about such premises any act, conduct, business or
use constituting a violation.
~ 245-7. Community development objectives.
This chapter provides a legal basis and framework for future community development Its
provisions are guided by the goals, objectives and proposals contained within the Upper Allen
Township Comprehensive Plan.
~ 245-8. Provisions to be minimum requirements; more restrictive provisions to prevail.
The provisions of this chapter shall be held to be minimtlTl) requirements to meet the purposes
stated herein. Where the provisions of this chapter impose greater restrictions than those of any
statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the
2 Editor's Note: See 53 P.s. f!i 10607 and 10Ci09, respectively.
24505
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UPPER ALLEN CODE
~ 245-12
provisions of any statute, other ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulations shall prevail.
~ 245-9. Repealer.
Ordinance No. 329, as amended, of the Township of Upper Allen, Cumberland County,
Pennsylvania, entitled ''The Upper Allen Township Zoning Ordinance," and all other
ordinances and parts of ordinances in conflict herewith be and the same are hereby re~ed.
~ 245-10. Effect on proceedings pending under previous legislation.
Nothing in this chapter shall be construed to affect any suit or proceeding pending in any court
or any rights acquired or liability incurred or any cause or causes of action acquired or existing
under any act or ordinance hereby repealed as cited in ~ 245-9 of this chapter; nor shall any just
or legal right or remedy of any character be lost, impaired or affected by this chapter.
~ 245-11. Coordination with snbdivision ordinance.
When the Zoning Officer or the Township Commissioners deem it necessary in order to fulfill
the purposes set forth in ~ 245-5 of this chapter, they may require an applicant for any permit
under this chapter to comply with appropriate design standards and improvement and.
construction requirements of Chapter 220, Subdivision and Land Development
ARTICLE n
Terminology
~ 245-12. Word usage.
A. As used in these regulations, words expressed in the singular include the plural meanings;
and words expressed in the plural include the singular meanings.
B. The word "person" includes a corporation, unincorporated association and a partnership, as
well as an individual.
C. The words ''building'' and "street" are used generally and shall be construed as if followed
by the phrase "or part thereof."
D. The word "may" is permissive; the words "shall" and "will" are mandatoI)'.
E. Words used in the present tense include the future tense.
F. The words "used" or "occupied," as applied to any land or building, shall be construed to
include the words "intended, amnged or designed to be used or occupied"
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ZONING
~ 245-13
~ 245-13. Definitiollli.
The following words or phrases, when used in these regulations, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Any word or term not defined herein shall be used with a meaning of standard usage.
ABANDONED VEmCLE - Those vehicles without registration andlor inspection which
have been parked on private andlor public property. For the purpose of this definition,
vehicles missing essential driving parts shall be considered "abandoned."
ACCESS DRNE - A paved sunace, other than a street, which provides vehicular access
from a street or private road to a lot" Access drives" shall be located and constructed so as
to provide safe ingress and egress with respect to the lot If the "access drive" provides
access to a state highway, issuance of an access permit by the Pennsylvania Department of
Transportation shall be required prior to the issuance of any permit under this chapter.
ACCESSORY USE - Any use or structure which is customarily incidental to a permitted
use and not nonnally conducted as an independent use is permitted in all districts except
the Conservation District If the primary/principal use is only permitted by special
exception, an "accessory use" to such primary use shall also require a special exception.
Any "accessory use" shall be limited to thirty percent (30%) of the building coverage/use
for each parcel.
ADULT ENTERTAINMENT FACILITIES - Those establishments open to the general
public, excepting minors under the age of eighteen (18), which is not limited to but
includes adult bookstores, adult theaters and any other facility whose principal purpose is
to provide adult entertainment.
A. ADULT BOOKSTORE - An establishment open to the general public, excepting
minors under the age of eighteen (18) years, in which twenty percent (20%) or more
of the occupied sales or disp~ay area offers for sale, rent or lease, for loan or for view
upon the ptemises pictures, photographs, drawings, motion picture films or similar
visual representations of sexual conduct or sexual excitement or books, pamphlets,
magazines, printed matter or sound recordings containing explicit and detailed
descriptions or narrative accouilts of sexual conduct or sexual excitement or offers for
sale devices, equipment, stiniulants or other materials for use in sexual conduct or
sexual excitement
B. ADULT THEATER - An establishment open to the general public, excepting minors
under the age of eighteen (18) years, in which there is offered for view motion picture
films, commonly referred to as "X-rated movies" or the equivalent thereof, nude
dancing or similar visual representation of sexual conduct or excitement.
AGENT - Any person, other than the developer, who, acting for the developer, submits
to the Commission and the Township Commissioners plans for the purpose of obtaining
approval thereof.
ALLEY - A public thoroughfare other than a side street which affords only a secondary
means of access to abutting property and not intended for general traffic circulation.
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24507
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UPPER ALLEN - CODE
~ 245-13
ALlERATION - As applied to a building or structure, any change or rearrangement in
the total floor area or any enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.3
AMENDMENT - A change in use in a district which includes revisions to the zoning text
andlor the Official Zoning Map. The authority for any "amendment" lies solely with the
Township Commissioners.
ANIMAL HUSBANDRY - The raising and keeping of livestock and poultry with the -
intent of producing capital gain or profit or the intent of selling any livestock or poultry
products, provided that the keeping of livestock or poultry as farm pets or for domestic
pUIposes pursuant to the regulations of this chapter shall not be construed as "animal
husbandry."
APARTMENT - A building occupied by three (3) or more dwelling units (see
"dwelling").
AREA - The total outside surface of anything, as measured in square feet
A. LOT AREA - The area contained within the property lines of individual parcels of
land shown on a subdivision plan, excluding any area within a street right-of-way and
including the area of any easement
B. BUll..DING AREA - The total of areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive of uncovered
porches, terraces and steps (gross living area).
AUTOMOBn.E - A self-propelled free-moving vehicle, primarily for conveyance on a
street or roadway.
AUTOMOBn.E BODY SHOP -,A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers andlor accessories of motor vehicles, provided
that all repair and paint work is pettonned within an enclosed building and all motor
vehicle parts, refuse and similar articles are stored within a building or enclosed area.
Mechanical repairs, the sale of lubricants, etc., mayor may not be included as accessory
uses.
AUTOMOBn.E GARAGE, PRIVATE - An accessory building for the storage of one (1)
or more motor vehicles accessory and incidental to the primary use of the premises,
provided that no business, occupation or service is conducted for profit therein nor space
therein for more than one (1) motor vehicle is leased to a nonoccupant of the premises.
AUTOMOBn..FJGASOLINE STATION - A building on a lot or part thereof that is used
primarily for the retail sale of gasoline, oil or other fuel and which may include facilities
used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing
motor vehicles and other vehicles, not to include mechanical repairs or body work.
AUTOMOBn.E REPAIR GARAGE - A building on a lot used primarily for mechanical
repairs, which mayor may not include the sale of gasoline or other motor vehicle fuel and
3 EdItor's Note: See also the deliDition or"strnclnre aIteralion."
24508
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ZONING
~ 245-13
accessories, facilities for washing motor vehicles and motor vehicle rentals, but' not
including motor vehicle sales nor storage of motor vehicles.
AUTOMOBILE SALES GARAGE - A building on a lot designed and used primarily for
the di$play or sale of new and used motor vehicles where mechanical repairs and body
work nmy be conducted as an accessory use incidental to the primary use.
AUTOMOBILE WASHING (CAR WASH) - A building on a lot designed and used
primarily for the washing and polishing of motor vehicles.
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AUTOMOBILE WRECKING - The dismantling or wrecking of used motor vehicles or
n:aileI'll or the storage, sale or dumping of dismantled, partially dismantled, obsolete or
wrecked vehicles or their parts.
~ASEMENT - A story, partly underground but having one-half (V2) or more of its height
(measured from floor to ceiling) above the average level of the adjoining ground. A
"basement" shall be counted as a story for the pllIpose of height measurement or
determining floor area only if the vertical distance between the ceiling and the average
level of the a4joining ground is more than five (5) feet or if used for business or dwelling
purposes.
BEER DISTRIBUTORSHIP - A business licensed and regulated by the state, which
offers beer/malt beverages for sale for off-premises consumption.
BOARD or ZONING HEARING BOARD - The Upper Allen Township Zoning Hearing
Board.
BOARDINGHOUSE - A building where, for compensation, provisions are made for
lodging and meals for at least three (3) but not more than fifteen (15) persons; an existing
building and its appurtenant structures specifically designed or otherwise suitable in whole
or in part for the accommodation of roomers.
BUFFER YARD - An open area whose dimensions normally exceed the normal building
sethack or yard requirement, used to protect low-density uses and zoning districts from
adjacent higher-density uses and districts.
BUILDING - Any construction on a lot having a roof supported by columns or walls and
intended for shelter, housing or enclosure of persons, animals or chattels and including
cov=d porches or bay windows and chimneys.
A. ACCESSORY BUILDING - A building subordinate to and detached from the main
building on the same lot and used for purposes customarily incidental to the main
building.
B. BUILDING LINE - A line parallel to the front, side or rear lot line, set so as to
provide the required yard.
C. MAIN BUILDING - A building in which is conducted the principal use of the lot on
which it is located.
D. BUILDING COVERAGE - The percentage of the plot or lot area covered by the
building area.
24509
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1245-13
UPPER ALLEN CODE
E.
BUILDING HEIGHT - A vertical distanc;e measured, from the mean elevation of the
proposed. finished grade at the front of the building to the highest point of the
roof fo.r flat roofs, to the decklines of mansard roofs and to the mean height
between eaves and ridge for gable, hip and gambrel roofs, but not including'
chimneys; towers, spires,:elevator .penthouses, tanks..and,s,i,milar. projections~.
F.
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REQUIRED MINIMUM BUILDING SETBACK LINE - The rear line of the minimum front yards -I
as herein desfgned for each district, measured from the street right-of-way 1 ine.
BUSINESS SERVICE - Those activities limited to the service and repair of furniture, ~
office equipment, medical supplies and equipment and commercial appliances; the supply
and servicing of vending machines; frozen food lockers; the painting and assembly err ,'__,
signs; printing, copy and photostating services; arts, crafts, drafting and stationery ..
supplies; food catering; interior decoration; taxidermy; upholstering; and laundry and
dry-cleaning plants. Uses which shall not be interpreted to be abusiness servicea
establishments are retail shops and stores; gasoline and motor vehicle stations; '.
vehicular sales, service and repair; mortuaries; warehouses and distribution facilities; ~
and contractor's offi ce.
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CAMP - Anyone (1) or more of the following, not to include a hospital, place of
deention, school offering general instruction or mobile home park:
A.
. TYPE 1 ~ Any area of 1 and or water of a design or character used for seasonal,
recreational of similar temporary living purposes which may include any building
or group of buildings of a temporary or seasonal nature such as cabins, tents or
, shel terS.
B.
. ..
TYPE 2 ~ Any land and buildings thereon used for any assembly of persons for what
are commonly known as "day-camp. purposes, whether or not conducted for profit '
and occupied by adults or children, either as individuals, families or groups.
CARTWAY - The portion of a street or alley intended for vehicular use.
.' .'
CHURCH - A place of worship, including convents, parish houses and other housing for
religiouspersonnel. ' .
CLEAR SIGHT TRIANGLE - An area of unobstructed vision at street intersections defined by
two (2) street lines and by a line of sight between two (2) points on the street lines
at a given distance from the intersection.
CLUSTER DEVELOPMENT - A planned development of single-family dwellings on one (1) common
lot or individual lots with modified dimensional requirements, arranged in clusters and
separated by considerable open space. To qualify for a acluster developmenta, a tract
of land must be at least five (5) acres and no more than fifty (50) acres.
COMMISSION - The Upper Allen Township Planning Commission, unless otherwise noted.
COMMUNICATION FACILITIES (non-publicly regulated) - Including telephone or telegraph
exchanges, radio or telephone broadcasting towers and microrelay exchanges which are not
subject by the Pennsylvania Utilities Commission.
COMMUNICATION FACILITIES (publicJy regulated) - Including telephone or telegraph
exchanges and microrelay exchanges which are subject to the jurisdiction of the
Pennsyl vania Util ities Commi ssion. .: ..' '. I . .. .
24510
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ZONING
CONDOMINIUM - A type of ownership arrangement not a land use, wherein parts of a
building typically are owned separately by persons and other parts, such as halls,
stairs and recreation ~reas, are owned jointly by such persons. A .condominium" may be
residential, commercial or industrial in nature.
, -
CONTRACTOR'S OFFICE AND STORAGE - A building and lot used for the office operation and
storage of materials, equipment, machinery and tools commonly associated with the
various. construction trades.
CONVERSION APARTMENT - One-family dwellings converted for occupancy by not more than two
(2) families.
CROP FARMING - The raising. keeping and sale of field. truck and. tree crops.
CULTURAL FACILITIES - Include art galleries, auditoriums. libraries, museums. community
centers. adult education centers or other similar facilities open to the 'public or
connected with a permitted educational, philanthropic or religious use.
DAY NURSERY CENTERS - Those facilities licensed by the state that provide day care for
remuneration for more than six (6) children who are not relatives of the care giver.
DAY NURSERY HOME - Those facilities licensed by the state that provide days care for
remuneration for up to six (6) children who are not relatives of the care giver.
DISTRICT - A zoning district as laid out on the Zoning Map,4 along the regulations
. pertaining thereto. '
DORMITORY - A building occupied by and maintained exclusively for faculty, students or
other such persons affiliated with a college or other such regional educational,
institution. and when regulated by such institution.
DOUBLE-FRONTAGE LOTS - A lot with street frontage on two (2) sides.
DRIVE-IN STAND - A building no larger than four hundred (400) square feet for the sale
of farm. nursery or greenhouse products produced on the premises where offered for sale,
not to be located closer than fifty (50) feet to any intersection nor within ten (10)
feet of any right-of-way.
DRIVEWAY - A minor vehicular right-of-way providing access between a street and a
parking area or garage within a lot or property.
DWELLING - A building or structure designated for living quarter for o~e (1) or more
families, but not including hotels, boardinghouses or other accommodatlons used for.
transient occupancy.
~A: '.'., SINGlE-FAMiL'Y"DWELLING - A building used by:one (1) 'family, having 'onlY'one.(1)
'; '.,' dwelling unit.and a front, a rear and two .(2) side yar.ds. .... .
4Editor'~ Note: S~id Zoning Map is ~n file i'ri the office of 'the Townshi'p Secretary.
24511
I
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.1
.
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,-
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~ 245-13
UPPER ALLEN CODE
~ 245-13
B. TOWNHOUSE - A building used by either one (1) or more families, having one (1)
dwelling/floor unit amnged overlbesiqe the other, and having a front, rear and two (2) ." "'A
side property lines. This definition includes residential condomininm<.
C. APARTMENT DWELLING - A building(s) located on a lot having a front, a rear
and two (2) side yards, such building(s) containing more than two (2) dwelling units,
all of which have walls, ceilings or floors in common with another dwelling unit.
EXTRACTIVE OPERATIONS - Include any open excavatioDS such as quanies, strip
mines and borrow pits.
FENCE - Any stIUcture CODSttUcted of wood, metal, wire mesh or masonry erected for
the pmpose of screening one property from another, either to assure privacy or to protect
the property screened. For the pmpose of this chapter, a masonry wall is considered to be a
"fence."
-
GOLF COURSE - An area of land laid out for the game of golf, with a series of holes,
each including tee, fairway and putting green, and often one (1) or more nanJIal or artificial
hazards. Such COUISe may include ancillary uses usually =gnized and identified with the
game of golf, such as driving range, pro shop, clubhouse and m;n;~"n-e golf course.
GRADE, FINISHED - The completed surface of lawns, walks and roads brought to
grades as shown on official plans or designs relating thereto.
GROSS BUll.DING AREA - The total area of a building available for construction or
use, as measured from the exterior walls of the building. "Gross building area" should be
used in computing all square footage measurements for buildings, as wen as dimension
requirements.
GROUP HOME:
A. FAMILY -CARE FACILITY - A facility providing shelter, counseling and other
rehabilitative services in a family-like environment for up to eight (8) residents, plus
such minimum. supervisory peISOnnel as may be required to meet stllDdards of the
licensing agency. Residents may not be legally related to the facility operators or
supervisors and, by reason of mental or physical disability, chemical or alcohol
dependency or family or school adjustment problems, require a minim~l level of
supervision but do not require medical or nursing care. A "family-= facility" must
be licensed and/or approved by the Pennsylvania Department of Public Welfare and
may include uses such as foster homes, community residential alternative facilities or
home individual programs.
B. GROUP-CARE FACILITY - A facility providing shelter, counseling and other
rehabilitative services in a family-like environment for more than eight (8) but fewer
than fifteen (15) residents, plus such minimum supervisory personnel as may be
required to meet the standard of the licensing agency. A "group-care facility" !DUSt be
licensed and/or, approved by the appropriate state agency.
HOME OCCUPATION - Any use conducted entirely within an enclosed dwelling which
is clearly incidental or subordinate to the residential occupancy of the dwelling and which
does not change the chamcter thereof. Specifically excluded is the storage and display of
merchandise not produced by such home occupation and any activity involving any
24512
~ ,~
.-...<",
~ 245-13
. ZONING
P45-13
building alterations, window display, construction features, equipment, machinery or
outdoor storage, any of which is visible off the lot on which the use is located.
HOSPITAL - A facility licensed by the state for the diagnosis, treatment or other care of
humans and having facilities for inpatient care, including such establishments as a
sanatorium and preventorium.
HOTEL - A building designed for occupancy primarily as a temporary abiding place for
individuals who are lodged with or without meals, in which building:
A. Fifty percent (50%) or more of the gross floor area shall be devoted to residential use.
-
B. Business may be conducted when accessory and incidental.
C. There may be club rooms, ballrooms and COJIlDlon dining facilities.
D. Such hotel services as maid, telephone and postal services may be provided.
IMPERVIOUS SURFACE ~ Those suIfaces that. do not absoIb precipitation. Parking
areas, driveways, buildings, roads, sidewalks, patios and any similar areas of concrete or
asphalt shall be considered "impervious surfaces." In addition, other areas detennined by
the Township Engineer to be impervious shall also be classified as "impervious swfaces."
All buildings, principal and accessory, are specifically excluded from this definition.
INDUSTRIAL PARK - A tract of land laid out in accordance with an overall plan for a
group of industries, with separate puilding sites designed and arranged on streets, with
utility services, setbacks, side yards, landscaped yards and covenants controlling the
architecture and uses.
JUNK - Any worn, cast-off, discarded or stored material, including but not limited to
unlicensed "ehicles and machinery and equipment ready for destruction or which has been
collected for salvage or' conversion to some use.
JUNKYARD - Any lot, land or structure or part thereof used primarily for the collection,
storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the
collecting, dismantling, storage and salvaging of machinery of vehicles not in running
condition and/or for the sale of parts thereof.
KENNEIlSTABLE - Any lot on which animals are kept, boarded or trained for a fee,
whether in special buildings or runways or not, including but not limited to dog and cat
kennels, horse stables or riding academies.
LAND DEVELOPMENT - The improvement of one (1) or more contiguous lots, tracts
or parcels of land for residential or nonresidential pmposes, whether proposed initially or
cumulatively.
LANDOWNER - The legal or beneficial owner or owners of land, including the holder of
any option or contract to purchase (whether or not such option or contract is subject to any
condition), a lessee having a remaining term of not less than forty (40) years or other
person having a proprietary interest in land.
LOT - Uind occupied or to be occupied by a building and its accessory buildings or by a
dwelling group and'its accessory buildings, together with such open spaces as are required
under the provisions of this chapter for a lot in the district in which such land is situated
24513
~1II.ilill~IlIlaIItI~Ia1" .~>ri>K;""";""" " '~Jij,i<:%._.m.:M"",j'...;u.}.....!;&;im1iM&,k!lJil.l"""~
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~ 245-13
UPPER ALLEN CODE
~ 245-13
and having its principal frontage on a street or on such other means of access as may be
determined in accordance with the provisions of law to be adequate as a condition of the
issuance of a building permit for a building on such land.
A. LOT OF RECORD - A lot which has been recorded in the office of the Recorder of
Deeds of Cumberland County, Pennsylvania
B. CORNER LOT - A lot which has an interior angle of less than one hundred thirty-
five degrees (135") at the intersection of two (2) street lines. A lot abutting on a
curved street or streets shall be considered a "comer lot" if the tangent to the curve at
the points beginning within the lot are at the points of intersection of the side lot lines
with the street lines intersecting at an angle of less than one hundred thirty-five
degrees (1350).
C. INTERIOR LOT - A lot other than a comer lot.
D. THROUGH LOT - An interior lot having frontage on two (2) parallel or
approximately parallel streets.
E. LOT DEPIH - The mean distance from the street line of the lot to its opposite rear
line measured in the general direction of the side lines of the lot
F. LOT WIDTII - The distance measured between the side lot lines at the required
building setback line.
LOT LINES - Any boundary line of a lot
A. REAR LOT LINE - Any lot line which is parallel to or within forty-five degrees
(450) of being parallel to a street line, except for a lot line that is itself a street line
and, in the case of a corner lot, the owner shall have the option of choosing which of
the two (2) lot lines which are not street lines is to be considered a "rear lot line." In
the case of a lot having no street frontage or a lot of an odd shape, only the one (l) lot
line further from any street shall be considered a "rear lot line."
B. SIDE LOT LINE - Any lot line which is not a street line or a rear lot line.
C. SlREET LINE - The dividing line between the street and the lot, also known as
"right-of-way line."
MAJOR TIIOROUGHFARES:
A. MAJOR TIIOROUGHFARE - A street or highway designated as an existing or
planned major thoroughfare.
B. RESTRICTED ACCESS MAJOR TIIOROUGHFARE - A major thoroughfare or
part thereof which, when open to public uses, has limited access from abutting
property and other streets to locations in the manner approved by the township andlor
the Pennsylvania Department of Transportation.
MILL - Where grain, lumber and similar products are stored and processed as a gainful
business.
24514
~ ._~
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fi 245-13
ZONING
p45-13
MOBILE HOME - A transportable single-family dwelling unit intended for permanent
occupancy, which arrives at a site. complete and ready for occupancy except for minor
unpacking and assembly operations.
MOBILE HOME PARK - A parcel(s) which has been planned and improved for the
placement of mobile homes for nontransient use. Such park shaII be subject to a minimum
lot size of five (5) acres.
MOlELS - A group of attached or detached buildings containing sleeping rooms or
living units with accessory facilities designed for temporary use of automobile tourists or -
transients, including auto courts, motels, motor lodges and similar establishments.
MOTOR VEHICLE - See "automobile."
NONCONFORMING BVILDING/SIGNILOT - A structure or lot that does not conform
to a dimensional regulation prescribed by this chapter for the district in which it is located
or to regulations for signs, off.street parking or the environment but which structure or lot
was lawfully in existence prior to enactment of this section or its amendment or prior to the
application of this chapter or its amendment to its location by reason of annexation or
which was lawfully created .as a variance duly authorized by the Zoning Hearing Board.
NONCONFORMING USE - A use of a building or lot that does not conform to a use
regulation prescribed by this chapter for the district in which it is located but which was in
existence at the time the use regulation became effective and was lawful at the time it was
established.
NURSING OR CONVALESCENT FAClllTY - A facility licensed by the state which
provides fu1J-time convalescent or chronic care or b9th for three (3) or more individuals
who, by reasons of chronic illness or infirmity, are unable to care for themselves; a hospital
shall not be construed to be included in this definition.
, .
OCCUPANCY PERMIT - A permit stating that all work indicated on a building permit
has been satisfactorily completed or, in cases not involving construction. a proposed new
use is in conformity with this chapter and the building or lot may be occupied.
OFF-STREET PARKING - Parking of motor vehicles as an accessory use located upon
the same lot as a permitted principal use to serve the parking requirements and needs of the
principal use.
OPEN SPACE - The unoccupied space open to the sky on the same lot with the building.
OUTSIDE STORAGE OR DISPLAY - Storage of materials as a primary use of the land,
necessary and incidental to the normal operation of a primary use, provided that no part of
the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use,
no required parking areas and no part of the required setbacks shall be occupied by outside
storage or display. Outside storage and display areas shall be shielded from public view.
PARKING LOT - An area of land used as a principal use for the parking of motor
vehicles only.
PERSONAL SERVICE ESTABUSHMENT - Service activities such as barbershops,
beauty parlors, self-service laundIy and dIy-cleaning establishments, laundromats, radio
and television repair, repair shops for home appliances and tools, bicycles, guns, locks,
24515
I_~l!lil~-'~ --Jil!:iiIIIiiI>iWiIIlliiJl!lj;j:~'iroii!rbI~J'~,j,~,~ ,-
'- '-' H _ ""'^_= ~.L_~_."
~....."..~
~ 245-13
UPPER ALLEN CODE
~ 245-13
shoes and watches, tailor and,dres<m.nng shops, pet grooming with no overnight boarding
and similar uses providing for individual needs.
PLANNED RESIDENTIAL DEVELOPMENT - A contiguous area of land controlled by
a landowner to be developed as a single entity for a number of residential and
nonresidential units, the development plan for which does not correspond in lot size, bulk
or type of dwelling, density, lot coverage and required open space to the regulations
established in any one (1) residential dislrict created from time to time under the provisions
of a municipal zoning ordinance.
PLAT - A map, plan or layout showing the subdivision of land and indicating the location
and boundaries of individual properties.
PREMISES - Any lot, parcel or tracts of land and any building constructed thereon.
PRIVATE CLUB - Operated for members only and not for profit
PRIVATE RECREATIONAL FACILITY - A privately owned facility for recreational
purposes, including bllt not limited to such uses as parks, nature trails and wildlife
sanctuaries and excluding uses which would commonly be considered a nuisance because
of noise, pollution, etc., such as racing, touring or promotion of motor vehicles.
PRIVATE ROAD - A right-of-way, other than a dedicated street, which provides
vehicular access to two (2) or more lots.
PROFESSIONAL OFFICES - Include but are not limited to offices for real estate, stock-
and bond brokers, accountants, adjusters, appraisers, utility companies, physicians,
lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians,
banks, financial institutions, contractors ( excluding storage) and similar office-oriented
uses.
PUBUC BUilDING (PUBUC SERVICES) - Limited .to government offices.
PUBUC ENTERTAINMENT FAcn..rr:IES - An activity operated as a gainful business
open to the public for entertainment or recreation, including but not limited to motion-
picture theaters, health clubs, miniature golf courses, etc.
A. All outdoor facilities shall be limited to CC, IC, IN and OP Districts.
B. In all districts, adequate measures to prevent noise and other noxious influences from
disturbing nemby residential properties must be taken.
PUBLIC RECREATION FACILITYIPUBUC GROUNDS - Recreation facilities owned
and/or operated by an ageI1CY of the municipality or other governmental body, including
but not limited to paxks, swimming pools, golf courses, etc.
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT, TOPSOil.. STRIPPING - A lot or
land or part thereof used for the purpose of extracting stone, sand, clay, gravel or topsoil
for sale and exclusive of the process of grading a lot preparatory to the construction or
building for which application for a building permit has been made.
RESEARCH TESTINGIEXPERIMENTAL LAB - Including experimental study, testing
and analysis of soils, medicines, new technology, products and similar items and areas of
research.
24516
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-
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~ 245-13
ZONING
~ 245-13
RESTAURANT - Places for the sale and consumption of foods and beverages, including
places with a drive-in or pickup window.
RETIREMENT FACILITY - A facility licensed by the state designed to serve the
housing needs of older persons in a continuum of care environment through facilities
which relate both to dependent and independent persons; such facilities may include
independent living units, sheltered care units, nursing care units and related support
services.
RIGHT-OF-WAY - Land set aside for us.e of a street, alley or other means of travel.-
A. EXISTING RIGHT-OF-WAY - The right-of-way established by the Stale or other
appropriate governing authority and currently in existence.
B. FUTURE RIGHT"OF-WAY - The right-of-way deemed necessary by the Township
Comprehensive Plan.
SANITARY FACILITY or INCINERATOR - A site utilized for the
depositldisposaIfmcineration of waste and refuse. Such facility shall be subject to the
following conditions:
A. A lot area of not less than one hundred (100) acres shall be provided.
B. No sanitary landfilling operation or incineration shall take place within five hundred
(500) feet of any street or property line.
C. The lot shall have direct access to either an arterial or collector highway as shown in
the Comprehensive Plan.
D. It shall be demonstrated that the use, because of its location and proposed method of
operation, will not have an adverse effect on any surrounding portions of Upper Allen
Township. .
E. Such facility is part of a solid waste plan approved by the County Commissioners and
any other pertinent agencies.
SCHOOL - Any place, person, partnership or corporation offering instruction in any
branch of knowledge meeting the requirements of the commonwealth under the
supervision of and approved by the Commonwealth of Pennsylvania ora lawfully
constituted ecclesiastical governing body, person, partnership or corporation meeting the
requirements of the Commonwealth of Pennsylvania.
A. COLLEGE - The same as elementary and secondary school except general
education is provided above the level of the secondary school and may include junior
college, college or university.
B. ELEMENTARY SCHOOL - Any school having regular sessions with employed
instruction which teaches those subjects that are fundamental and essential in general
education for elementary grades.
C. NURSERY SCHOOL - Any place designed and operated to provide regular
instruction and daytime care for two (2) or more children under elementary school
age.
24517
bnill.ifi!l:f"-"~~~lilIUIi 'I '''$"'''"''''l''l1'iD~l>lIill;j,~.d''''o~~_l'r ~
n
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~ 245-13
UPPER ALLEN 'CODE
~ 245-13
D. SECONDARY SCHOOL - The same as elementary school except general education
is provided for secondary grades.
E. TRADFJPROFESSIONAL SCHOOL - A privately operated enterprise for
vocational training in a specific field or fields.
F. VOCATIONAL SCHOOL - The same as elementary and secondary school except
that the primary activity is training in a trade or vocation.
SCREENING - The provision of a barrier to visibility, airborne particles, glare and noise
between adjacent properties, composed entirely of trees, shrubs or other plant materials.
SCREEN PLANTING - A vegetative material of sufficient height and density to conceal
from the view of property owners in adjoining districts the structures and uses on the
premises on which the screen planting is located.
SEWER:
A. PUBUC SEWER - Any municipal or privately owned sewer system in which
sewage is collected from buildings and piped to an approved sewage disposal plant or
central septic tank disposal system. It may also be referred to as "off-lot or off-site
sewer." This shalllnclude capped sewers when installed to township specifications.
B. PRIVAlE SEWER- An on-lot septic tank disposal system generally providing for
disposal of effluent for only one (1) building or a group of buildings on a single lot
SHOPPING CEN1ER - Planned commercial development of a tract of land under single
ownership or agreement whereby various combinations of commercial uses utilize a
reasonable degree of :flexibility in the placement and interrelationship of commercial uses
and parking and loading facilities, provided that permitted uses are limited to those
permitted by this chapter in the.di~trict where such development is proposed.
SHOP/STORE - A single store where the primary activities involve the sale or lease of
retail goods. The wholesale distribution or manufacture of goods is not included.
SIGN - A sign is any structure, device, light or natural object, including the ground itself
or part thereof, or any device attached thereto or painted or represented thereon which will
be used to identify, advertise or attract attention to any object, product, place, activity,
person, institution, orgllI1ization, film, group, commodity, profession, enterprise, industry
or business or which shall display or include any letter, word, model, number, banner, :flag,
pennant, insignia, device or representation used as an announcement, direction or
advertisement and which is .intended to be seen from off the premises or from a parking lot.
The word "sign" shalllnclude signs which are affixed to the inside of windows and glass
doors and which are intended to be seen from roadways or parking lots. No other indoor
sign shall be deemed a "sign" within this chapter.
SPECIAL EXCEPTION - A use permitted in a particular zoning district with the
provision that additional general and specific criteria are met, if granted by the Zoning
Hearing Board.
STORY - That portion of a building included between the surface of any :floor and the
suzface of the :floor next above it; if there is no floor above it, then the space between any
:floor and the ceiling imm".diately above it.
24518
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ZONING
P45-13
STREET - A strip of land, including the entire right-of-way, intended primarily as a
means of vehicular and pedestrian travel. "Streets" are further classified as follows:
A. COlLECTORS - These roads give minimal emphasis on travel mobility, low travel
speeds, full access and neighborhood penetration and serve minor traffic generators
such as local elementary schools, small individual industrial plants, offices,
commercial facilities and warehouses not served by principal or minor arterials.
B. MINOR ARlERIALS - Give greater emphasis to land access with a lower level of
through-traffic mobility than principal arterials and serve larger schools by principal .~
arterials.
C. PRINCIPAL ARlERIALS - Provide minimal land access while retaining a high
degree of through-traffic mobility and serve major centers of urban activity and traffic
generation.
D. FREEWAYS - Limited access roads designed for large volumes of traffic between
communities of lifty thousand (50,000) or more and major regional traffic generators
such as central business districts, suburban shopping centers and industrial areas;
''freeways'' should be tied directly to arterial roads, with accessibility limited to
specified interchanges to avoid impedimentto through traffic.
E. INTERSTATE HIGHWAYS - Umited access highways designed for traffic between
major regional areas or larger urban communities of fifty thousand (50,000) or more;
these highways extend beyond state boundaries, and access and egress are limited to
interchanges located by the United States Department of Transportation.
STRUCTURE - Any combination of materials, including but not limited to a building,
which fonns a .constIUction that is safe and stable, including such items as flagpoles,
stadiums, platfonns, tovrers, sheds, fences and storage bins.
STRUCTURE ALlERATION - Any change in the supporting members of a building or
structUre, such as bearing walls, columns, beams or girders.5
SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means
into two (2) or more lots, tracts, parcels or other divisions of land, including changes in
existing lot lines for the purpose, whether immediate or future, of lease, transfer. of
ownership or building or lot developmel1t; provided, however, that the division of land for
agricultura1 purposes into parcels of more than ten (10) acres, not involving any new street
or easement of access, shall be exempted. Land partitioned by the court for distribution to
heirs or devisees shall constitute a "subdivision."
SUPPLY UTILITIES - Include water supply works and storage, electric, gas or oil
substations, excluding business/sales offices and storage yards unless pennitted as a
principal use within the district located, and provided that:
A. All distribution facilities shall be installed in accordance with current PUC
regulations.
B. A seventy-live-foot buffer yard shall be provided along all property lines.
5 Editor's Note: See also the defiDition of "alteration."
24519
1_~"--- --~~~s~~nll~_r"~""'-<' - ..._~",ti"'hi!l'..~>l"....~j;!.,",l<lllii"I~-""""-""'"'""' ru '-..-,~ - ~- ~ -'""",,'"~,~,, '~~"~"~G.~~-""'"' o~_~~~. - ~"iIiIIIIIl
~ 245-13
UPPER ALLEN CODE
~ 245-13
SWIMMING POOL - Any pool which is used or intended to be used for swimming or
bathing, in or above the ground, over eighteen (18) inches in depth.
TA VE1rnlNIqHTCLUB - An establishment licensed by the state where alcoholic
beverages andlor food are sold for consumption on the premises; may also include
entertainment .with an area for shows andlor dancing.
TOWNHOUSE - See "dwelling."
TRANSPORTATION TERMINAL - Includes bus, taxi and railroad tenninals, but
excludes trucking terminals.
TRAVEL TRAlLER- A vehicular portable structure built on a chassis designed as a
temJlOIll1'Y dwelling for travel, recreation, vacation and other short-term uses. As opposed
to a travel trailer, a "camper" isa portable structure designed as a temporary dwelling for
travel, recreation, vacation and other short-term uses but without a chassis and which must
be completely mounted on a vehicle for movement
TRUCKING TERMINAL - An area of land and buildings used for the parking of
tractor-trailer-type trucks and the transfer, storage and classifying of merchandise,
including management offices, freight storage buildings, truck-washing facilities and
loading areas, with the primary use being the transfer, storage and shipping of freight and
merchandise.
USE - Any activity, occupation, business or operation canied on or intended to be carried
on in a building or other structure or on a tract of land.
A. ACCESSORY USE - A use located on the same lot with a principal use and clearly
incidental or subordinate to and customary in connection with the principal use.
B. PRINCIPAL USE - The main use of a lot
VARIANCE- A modification of the regulations of this chapter granted by the Zoning
Hearing Board on grounds of piactical difficulties or unnecessary hardship, not self-
imposed, pursuant to appropriate provisions of this chapter and the Pennsylvania
Municipalities Planning Code (Act 247).'
VE1ERINARY OFFICFJANIMAL HOSPITAL- Any building used by a veterinarian
for the treatment, housing or boarding of smaIl domestic animals such as dogs, cats,
rabbits, birds or fowl.
YARD - A space open to the sky and unoccupied by any building, structure or
merchandise for display or sale located on the same lot with a building or structure.
A. FRONT YARD - A yard on the same lot with a main building, extending the full
width of the lot and situated between the street line and the required front minimum
building setback line projected on the side lines of the lot
B. REAR YARD - A yard on the same lot with a main building, extending the full
width of the lot and situated between the rear line of the lot and the required rear
building line projected to the side lines of the lot
, Editor's Note: See 53 P.s. flOl0l et seq.
24520
; (-c- , "''.r____' _"" ~.' _ ~__~"_,,__ , _ _ 0
-
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~ 245-13
. ZONING
~ 245-15
C. SIDE YARD - A yard on the same lot with the building, situated between the
required setback line and the side line of the lot and extending from the front yard to
the rear yard. Any yard not a rear yard or a front yard shall be deemed a "side yard."
ZONING OFFICER - The duly appointed municipal official designated by.the Township
Commissioners as the administering and enforcing officer of this chapter.
ZONING PERMIT - A building permit or occupancy permit, or both, whichever is
required in specific circumstances.
-
ARTICLE ill
Zoning Districts
~ 245-14. Districts established.
Upper Allen Township is hereby divided into districts of different types, each being of such
number, shape, kind and area and of such common uriity of pUIpOse and adaptability of use as
deemed most suitable to cany out the objectives .of this chapter. Districts shall be classified as
follows:
C - Conservation District
A - Agricultural District
RR - Rural Residential District
SR - Suburban Residential District
UR - Urban Residential District
PRO - Planned Residential Development District
OP - Office Professional District
INS - Institutional District
CC - Convenience Commercial District
IC - Intensive Commercial District
IN - Industrial District
IP - Industrial Park District
~ 245-15. Zoning Map.
The boundaries of the zoning districts are delineated on a separate map entitled "Upper Allen
Township Zoning Map" which accompanies. and, with all exp1anatory matter thereon, is hereby
made a part of this chapter.'
7 Editor', Note: Said ZoDiDg Map is OD iii_ in the olBce of the ToWDSbip Secretary.
24521
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~ 245-16
UPPER ALLEN CODE
~ 245-19
~ 245-16. Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of a district as indicated on the Zoning
Map,s the following rules shall apply:
A. Where district boundaries are indicated as approximately coinciding with the center lines
of streets, highways, xailroad lines or streams, such center lines shall be construed to be
such boundaries.
B. Where district boundaries are so indicated that they approximately coincide with lot lines,
such lot lines shall be construed to be said boundaries; or where district boundaries are
extensions of lot lines or connect the intersections of lot lines, such lines shall be said
district boundaries.
C. Where district boundaries are so indicated that they are approximately parallel to center
lines of streets and highways, such district boundaries sl!all be construed as parallel thereto
and at such distances therefrom as indicated on the Zoning Map.
D. In case of any uncertainty in the interpretation of boundaries, the Zoning Hearing Board
shall inteIpfet the intent of the map as to the location of district boundaries.
ARTICLE IV
Use Regulations
~ 245-17. Use of buildings, structures and land restricted.
Except as provided by law or in this chapter, no building, structure or land in each district shall
be used or occupied except for the pmposes permitted in the district in the section of this
Article applicable thereto.
~ 245-18. Uses permitted by right. .
A use permitted by right shall be a use listed under the various zoning districts as a permitted
use, subject to all applicable requirements contained within this chapter and after a zoning
permit has been properly issued.
~ 245-19. Uses permitted by special exception.
A. A use permitted by special exception shall be a use listed under the various zoning districts
or otherwise identified in this chapter as a special exception, provided that the Zoning
Hearing Board authorizes the issuance of a zoning permit for such use by the Zoning
Officer, subject to the specific requirements contained in the Table of Use Regulations' and
in ~ 245-127, as well as all other applicable requirements of this chapter and such further
restrictions that said Board may establish.
S Editor's NoIe: Said ZoDiDg Map is on file in the oIIIce ofth. ToWDSbip Secr.lary.
, Editor's NoIe: Said Table ofU.. RegulatiODS is induded at the eud of this chapter.
24522
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.s245-19 ZONING
--\
B. Any use existing on the effective date of this chapter which is classified as
perm~tted by special exception in the district in which the land occupied by the
use 1S located shall be deemed to have been granted a special exception Subject
:to,maintainingthe character and extent of operations and structures existing on
that date. . Any application for change insuse or structure shall be subject to the
procedure specified in this chapter (See 245~).
s245-19.1 Uses Permitted as Conditional Uses.
._~
A use listed under the various zoning districts as a permitted use, is permitted by
right in any district beside whichsuse the letter 'C' us denoted, provided the-Township
Commissioners, in accordance with 245-121.1, authorize the issuance of a building
Hermit by the Zoning Officer, and subject to those specific requirements contained in
245-121.1(C) .nd, to the extend not overriden by such Subsection C, those contained in
the Use Schedules as well as all other applicable requirements of this Chapter and such
further restrictions that the Township Commissioners may establ ish.
s245-20. HonpeTmi~d Uses.
A use not listed under the various zoning districts is not. permitted in that district.
5245-21. Uses by Special Exception
A. Any use not specifically allowed elsewhere in this chapter shall be allowed by
special exception in the district or districts where and to the extent that'.
similar uses are permitted or allowed by special exception, providied that said
use meets the requirements for a special exception in the applicable district and
does not constitute a public or private nu}sance.
I,
,
B. The applicant must show that the use proposed is similar to other uses permitted
or allowed by special exception."ind must further show that the proposed use will
not constitute a publ ii: or private nuisance or violate any provisions of this
cha pter.
s245-22. Accessory Uses and Structures.
Accessory uses and structures shall be permitted in conjunction with the principal uses
permitted by this chapter and shall be further subject to the requirements for accessory
uses and structures as set forth in this chapter.
5245-23. Table of Use Regulations.
The uses permitted in thiodistricts established by this chapter are as shown in the
following Use Schedules. The uses shown as permitted in each di3trict are the only
uses permitted in the district, and all other uses are subject to 245-21.
District
Conservation District
Agricultural District
Rural Residential District
Suburban Residential District
Urban Residential District
Planned Residential Development District
Use Schedule
A
B
C
D. '
E
F
~
1p .. . . . 1 t d at the end of this chapter.
Editor's Hote: Sa1d Use Schedules are oca e .
24523
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~-........~~ .
UPPER ALLEN CODE
s245-24. Fences.
Subject to <s245-34. fences may be erected
side and rear yards not to exceed six (6)
.not to exceed three <(30) feet in height.
fences shall be six (6) feet.
. ,
;
s245-25. Outdoor Swimming Pools.
in all residenti~l districts in -the required < - ~
feet in height and in the, required.frcl.l!t yard,'
In all other districts; the maximum-height of
-
Every ourdoor swimming pool must be compl etely surrounded by a fence or wall not 1 ess
than four (4) feet in height. which shall be so constructed as to have openings. holes
or gaps not larger than six (6) inches in any dimension; and if a picket fence is
erected or maintained. the horizontal or vertical dimension of space between pickets
shall not exceed six (6) inches. The pool. including paved aprons. shall be located not
less than ten (10) feet from any lot line/any other structure.
s246-26. Accessory Building/Storage Sheds.
.-
-.
Accessory buildings or storage sheds shall be constructed to the rear of the main
building on a lot in any district. provided that there is a minimum ten-foot setback
from the property 1 ine and any other structure.
s245-27. -Home Occupations.
Subject to the requirements for the granting of special exceptions located in s245~127
and the requirements below, home occupations may be authorized in a dwelling unit by
special exception. The special exception as issued is not transferable. <
.
A. An accessory struc~ure shall not be used for a home occupation.
B. All home occupations and as~oc;ated equipment are subject to the controls of this
chapter. -< _ ._ .
C. ~ -, The area devoted to the permitted home occupation shall be located wholly within
the operator's dwelling and shall be equivalent to not more than twenty-five
percent (25~) of the total habitable floor area of the operator's dwelling. not
"to exceed five hundred (500) square feet in area. :<'. < . . .-
24524
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- ZONING
~ 245-29
D. The home occupation shall be c~ed on by members of the immediate family residing in
the structure, except that one (I) nonresident may be employed.
E. There shall be no exterior alterations, additions or changes to the structure in order to
accommodate or facilitate a home occupation.
F. Only goods produced on the premises or goods normally incidental to the lawfully
permitted hOIlle occupation may De sold.
G. There shall be no maintenance of a stock in trade, other than samples and no use of show_
windows or display or advertising visible outside the premises to attract customers or
clients other than home occupation announcement signs as permitted and regulated in
Article VIII, and there shall be no exterior storage of materials.
H. In residential districts, a home occupation shall not in any way alter the residential
character of the neighborhood nor in any way adversely affect the safe and comfortable
enjoyment of the individual property rights of the neighborhood in which the use is
located.
1. The parking area shall be regarded as a potential nuisance and shall be subject to screening
to minim;>,,, any adverse effect on the immediate area.
~ 245-28. Boardinghouses.11
An existing building and its appurtenant structures specifically designed or otherwise suitable
in whole or in part for the accommodation of roomers shall be considered a boardinghouse,
provided that:
A. Adequate sewer and water facilities must be available. The burden of proof for those
facilities is the owner's1applicant's responsibility.
B. A m;nimllIJl habitat floor area of two thousand six hundred (2,600) square feet, plus an
additional tln-ee hundred (300) square feet per roomer, shall be required to establish such
use.
C. No structure alteration of the building exterior shall be made except as may be necessary
for the purpose of public safety and compliance with this chapter.
~ 245-29. Conversion apartments.12
Conversion apartments shall be subject to the following requirements:
A. The lot area per dwelling unit shall be at least that required for the district in which such lot
is situated.
B. The yard, building area and other applicable requirements for the district shall not be
reduced thereby.
11 Editor', Note: AIu""ded at time of adoption of Code; see Chapter 1, General Pro'risiOIlS, ArL L
12 Editor', Note: AIu""ded at time or adOptiOD of Code; see Chapter 1, GeDeraI PnmsioDs, ArL L
24525
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~ 245-29
UPPER AlLEN-CODE
~ 245-31
c. No structural alteration of the building exterior shall be made except as may be necessaIy
for the pmpose of safety.
fi 245-30. Apartment dwellings.13
Apartments, known as "multifamily dwellings," shall meet the following requirements:
A. Public sewage services and public water service are required.
B. The maximum number of dwelling units per acre shall not exceed twelve (12).
C. Buildings shall be at least fifty (50) feet apart except where they face end to end or comer
to comer, in which case they shall be at least twenty-five (25) feet apart.
fi 245-31. Extractive OperatiODS.
All extractive operations shall be subject to the following requirements:
A. Opetations. Extractive operations shall meet all development and performance standards of
Article VI. Additional buffer or screening requirements may be imposed at the discretion
of the Township Commissioners as provided in U 245-45 of this chapter.
B. Setbacks. No excavation, qUllII)' wall or storage area in which processing is conducted
shall be located within fifty (50) feet of any lot line or one hundred (100) feet of any street
line. Generally excluded are extractive operations within five hundred (500) feet of any
preexisting residential use or three hundred (300) feet from any preexisting commercial
use.
C. Grading. All excavation, except stone quarries, shall be graded in such a way as to provide
an area which is harmonious with the surrounding terrain and not dangerous to human or
animal life.
D. Access. Truck access to any excavation shall be so arranged as to minimize danger to
traffic and nuisance to surrounding properties.
E. Quarries. Quarries whose ultimate depth shall be more than twenty-five (25) feet shall
provide the following:
(1) A screen planting within the setback area in Subsection B above shall be required.
Such screen shall be no less than twenty-five (25) feet in width and set back from the
excavation so as to keep the area next to the excavation planted in grass or ground
cover and clear of any obstruction.
(2) A chain link (or equal) fence at least ten (10) feet high and with an extra slanted
section on top strung with barbed wire shall be placed at either the inner or outer edge
of planting.
(3) Warning signs shall be placed on the fence at intervals of not less than one hundred
(100) feet completely surrounding the area.
13 Editor's Note: Amended at lime of adopliou of Code; see Cbapter 1, GeneraJ Prol'isicms, Art. L
24526
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_ ZONING
TABLE OF USE REGULATIONS
SCHEDULE A
CONSERVATION DISTRICT (C)
In areas where major physiographic problems exist, accessibility is difficult or unique natural
beauty exists, Conservation Districts are established to conserve the existing character of such
areas by providing for agricultural or recreational uses, thus guiding substantive land
development into more appropriate zoning districts. This district follows the area presently_
designated as ''Floodway,'' and runs parallel to a watercourse, within the area measured fifty
(50) feet landward from the top of the bank of the watercourse.
P = Permitted
Nl1D!ber Use SE = Special Exception
1. Communication facility SE
(publicly regulated)
2. Crop farming P
3. Private recreational
facility SE
4. Public recreational
facility SE
5. Signs P
6. , Supply utilities SE
........
-
- ZONING
TABLE OF USE REGULATIONS
SCHEDULE B
AGRICULTURAL DISTRICT (A)
Agricultural Districts are established to protect and stabilize agriculture as an ongoing
economic activity.
P = Permitted -
Number Use SE = Special Exception
1. Additional detached p
dwellinglbuilding
2. Animal husbandry P
3. Boardinghouse SE
4. Camp P
5. Cemetery P
6, Church P
7. Communication facility P
(publicly regulated)
8. Contractor's office SE
and storage
9. Conversion apartment SE
10. Crop fanning P
11. Cultural facility SE
12. Day nursery home P
13. Drive-in stand P
14. Extractive operations SE
15. Fire station P
16. Golf course P
17. Greenhouse P
18. Home occupation SE
19. Hospital SE
20. Kennel/stable P
21. Mill P
i.lIlt. ~oJ~liiihliil!iIl;-Iida~1fli:llI!""""."."'_' ~ ,;>,;"",...""""';Wtjj!fiiJi'!1liW:m:I~_;.m-jllilJiJliM!Ol:ll1Ji!'iB"'''''- ~ ",,"""''''''''''''''''-'-
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UPPER AILEN CODE
P = Permitted
Number Use SE= Special Exception
22. Nursing home SE
23. Private recreational SE
facility
24. Public building P
-
25. Public recreational P
facility
26. Repair services SE
27. Retirement facility SE
28. Sanitary facility SE
29. School P
30. Signs P
31. Single-family dwelling P
32. Supply utilities SE
33. Veterinary office/animal SE
hospital
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,
-ZONING
TABLE OF USE REGULATIONS
SCHEDULE C
Rural Residential District (RR)
In areas where there is still a very low level of development, agricultural activity is still an
appropriate land use and large-scale suburban residential development is not desired. Rural
Residential Districts are established to provide a transitional and buffer area between
agricultural areas and suburban residential land uses._
P = Permitted
Number Use SE = Special Exception
I. Animal husbandry P
2. Boardinghouse SE
3. Cemetery P
4. Church P
5. Cluster development SE
6. Communication facility P
(publicly regulated)
7. Conversion apartment SE
8. Crop farming P
9. Day nursery home P
10. Drive-in stand P
II. Extractive operations SE
12. Fire station P
13. Golf course P
14. Greenhouse P
15. Home occupation SE
16. Kennel/stable P
17. Private recreational SE
facility
18. Public building P
19. Public recreational P
facility
20. Sanitary facility SE
_~.-.,,- -' ,-,-L'ilIiilil~~~ llkoi:.lli.ti~titlll~i:ill:"Ii,-J<I,~~~~;i_,";r;"",;;",_1diH
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UPPER AllEN .CODE
Number
Use
School
Signs
Single-family dwelling
Supply utilities
Veterinary office/animal
hospital
2L
22.
23.
24.
25.
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P = Permitted
SE = Special Exception
P
p.
P
SE
SE
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ZONING
TABLE OF USE REGULATIONS
SCHEDULE D
SUBURBAN RESIDENTIAL DISTRICT (SR)
Suburban Residential Districts are established to promote and encourage a suitable and safe
environment for family life by providing only for single-family residences and residential
support land uses.
-
P = Permitted
Number Use SE = Special Exception
1. Animal husbandry SE
2. Church P
3. Cluster development SE
4. Comml1llkation facility P
(publicly regulated)
5. Conversion apartment SE
6. Crop fanning P
7. Cultural facility P
8. Day nursery home SE
9. Drive-in stand SE
10. ' Fire station P
11. Golf course P
12. Greenhouse SE
13. Home occupation SE
. 14. Private recreational SE
facility
15. Public building P
16. Public recreational p
facility
17. Sanitary facility SE
18. School P
19. Signs P
20. Single-family dwelling p
21. Supply utilities SE
~~ "-~
j!1b,
-ZONING
TABLE OF USE REGULATIONS
SCHEDULE E
URBAN RESIDENTIAL DISTRICT (OR)
In areas which can be feasibly supplied with public facilities, a higher density of residential
use can be accommodated. Also, such areas can be used for a variety of housing types to
include multifamily dwellings. Commercial uses are permitted only for the convenience of the
residents. Such commercial uses must be subordinate to the residential use, must be an integral
part of a residential subdivision or land development or must be designed to serve one (1) or
more existing nlsidential subdivisions or land developments located in the immediate vicinity
and not served by integral commercial uses.3S
Number
Use
P = Permitted
SE = Special Exception
1.
Additional detached
dwelling
Apartment (maximum
density: 12 dwelling
units/acre)
Boardinghouse
Church
P
2.
p
i'l
Cluster development
, Communication facility
(publicly regulated)
SE
P
SE
P
,
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:1
3.
4.
5.
6.
::1
Group home
SE
P
P
P
P
SE
p
p
P
SE
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Conversion apartment
Crop farming
Cultural facility
Day nursery center
Day nursery home
Drive-in stand
Fire station
Golf course
Greenhouse
35 Editor's Nato: Ameaded at time or adOptiOD or COOe; see Chapter 1, GeoeraI Pro\'i5ilDl5, Art. L
~_ "~ ....JOIiIliJiM:wml, ""t_~~_~"",'~~"U:.;;;!lt.i;'''''~"''''''''''''->~'lIfv-' ,~,.~" ~,
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P = Permitted
Number Use SE = Special Exception
17. Home occupation SE
18. Hospital P
19. Personal service SE
establishment
-
20. Planned residential SE
development
21. Private club P
22. Private recreational P
facility
23. Professional offices SE
24. Public building P
25. Public entertainment SE
facility
26. Public recreational P
facility
27. Restaurant P
28. Sanitary facility SE
29. School P - !
30. Signs P
.
31. Single-family dwelling P
32. Supply utilities SE
33. Townhouse (maximum P
density: 12 dwelling
units/acre)
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~~
.ZONING
TABLE OF USE REGULATIONS
SCHEDULE F
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD)
Planned Residential Developments provide for a variety of housing types and the inclusion
of nonresidential uses which are complimentary to such residences. Planned Residential
Developments are not confined by the Zoning Map36 to a specific location or locations but can
be placed in Suburban Residential Districts and Urban Residential Districts wherever minimum
development site size is available and all other requirements are met. -
Number
uSe
Apartment (maximum
density: 12 dwelling
units/acre)
Church
Communication facility
(publicly regulated)
Conversion apartments
Crop farming
Cultural facility
P = Permitted
SE = Special Exception
SE
1.
2.
3.
P
P
Day nursery center
Day nursery home
Drive-in stand
Fire station
Golf course
SE
P
P
P
P
SE
P
p
SE
P
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Home occupation
Personal service
establishment
Private recreational
facility
Professional offices
SE
14.
SE
15.
36 Editor'. NolA!: Said ZoDiag Map is on liIe iD the oIIk:e oflbe Towmship SecnlaIy.
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UPPER ALLEN -CODE
P = Permitted
Number Use SE = Special Exception
16. Public building P
17. Public entertainment SE
facility
18. Public recreational P
facility -
19. Sanitary facility SE
20. School P
21. Signs P
22. Single-family dwelling P
23. Shops and stores SE
24. Supply utilities SE
25. Townhouse (maximum p
density: 12 dwelling
units/acre)
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II
ZONING
TABLE OF USE REGULATIONS
SCHEDULE G
OFFICE PROFESSIONAL DISTRICT (OP)
This district is established to accommodate administrative and professional offices offering
services and employment to residents of both Upper Allen Township and adjacent
communities.
Number
Use
Apartment (maximum
density: 12 dwelling
units/acre)
Bank/financial
institution
P = Permitted
SE = Special Exception
SE
1.
2.
p
3.
4.
5.
6.
Boardinghouse
SE
P
P
P
Business services
Church
Commnnication facility
(publicly regulated)
Conversion apartment
SE
p
p
p
p
p
p
P
SE
P
P
P
SE
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
,Crop farming
Cultural facility
Day nursery center
Day nursery home
Fire station
Golf course
Greenhouse
Home occupation
Hospital
Mortuarylfunera1 home
Motellhotel
Nursing home
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P = Permitted
Number Use SE = Special Exception
20. Parking lot P
21. Personal service p
establishment
22. Professional office p
-
23. Public building P
24. Public recreational P
facility
25. Public entertainment p
facility
26. Research, testing or SE
experimental lab
27. Restaurant p
28. Retirement facility SE
29. Sanitary facility SE
30. School P
31. Shops and stores P
32. Signs P
33. Single-family dwelling P
34. Supply utilitie~ SE
35. Trade/professional SE
school
36. Veterinary office/animal SE
hospital
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. ZONING
TABLE OF USE REGULATIONS
SCHEDULE H
INSTITUTIONAL DISTRICT (INS)
This district is established to accommodate institutional development and constnlction which
will serve and benefit organizations or entities of an institutional nature. Such a district is
intended to achieve the following:
A. To encourage a harmonious pattern of institutional development which can mutually
benefit both the township and the institution.
B. To encourage the development of institutional uses in accordance with approved
governmental and pl'Ofessional regulatory standards; and to promote the planning for the
location of future institutional uses.
C. To allow for institutional uses which shall include but not be limited to educational
facilities, retirement facilities, cultural facilities, churches and like uses.
-
1.
Use
Apartment (maximum
density: 12 dwelling
units/acre)
Church
P = Permitted
SE = Special Exception
SE
Number
2.
3.
4.
Cluster development
, Communication facility
(publicly regulated)
Cultural facility
P
SE
p
Nursing home
Public building
Retirement facility
Sanital)' facility
School
Signs
p
p
p
p
p
p
P
SE
P
P
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Day nursery center
Day nursery home
Fire station
J~~iillIild~1O~~~~j'j~~i>!~'~~llOffili!&iiii!llr;J' <'900-">
UPPER AU.EN CODE
Number
Use
Single-family dwelling
Supply utilities
Townhouse (maximum
density: 12 dwelling
units/acre)
15.
16.
17.
,-, . ",., '" =~~_ .~_~_ _"_< c_ ,,0
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P = Permitted
SE = Special Exception
P
SE
SE
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-ZONING
TABLE OF USE REGULATIONS
SCHEDULE I
CONVENIENCE COMMERCIAL DISTRICT (CC)
Convenience Commercial Districts are established to provide areas for retail sales, personal
services and office uses. It shall be the pllIJlOse of such districts to provide for the routine
shopping needs of Upper Allen Township residents.
j'- -
P = Permitted
Number Use SE = Special Exception
1. Apartment (maximum SE
density: 12 dwelling
units/acre)
2. Auto gasoline service P
station
.- 3. Auto washing facility P
4. Bank/financial P
c- institution
5. Beer distributorship SE
6. Boardinghouse SE
7. Business services P
8. ,Church P
9. Communication facility P
(publicly regulated)
10. Conversion apartment SE
11. Crop farming P
12. Cultural facility P
13. Day nursery center P
14. Day nursery home P
. IS. Drive-in stand P
16. Fire station P
17. Golf course p
18. Greenhouse p
_~_IilII~~iI~_:!d@~,i">J,;;&;,,,,,,,.,,,.J1liirl;.""'oi'iIillJ__W'j..,"-'"
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P = Permitted
Number Use SE = Special Exception
19. Group home SE
20. Home occupation SE
21. Mobile home pm SE
22. MortUmylfuneral home P -
23. Parking lot P
24. Personal service P
establishm~nt
25. Private club P
26. Professional office P
27. Public building P
28. Public entertainment P
facility
29. Public recreational P
facility
30. Repair services P
31. Restaurant P
32. Sanitary facility SE
33. School P
34. Shopping center SE
35. Shops and stores P
36. Signs P
37. Single-family dwelling P
38. Supply utilities SE
39. Tavern/nightclub SE
40. Townhouse (maximum P
density: 12 dwelling
units/acre)
41. Trade/professional SE
school
42. Veterinmy office/animal P
hospital
"',.'-~, ,~,'''^~-~'-''-''''-, ~-- ~.-- ,~,._~~~<,,,~
,
-", ~
-ZONING
TABLE OF USE REGULATIONS
SCHEDULE J
INTENSIVE COMMERCIAL DISTRICT (IC)
This district is established to accommodate the grouped type of retail sales and service
establishments planned and constructed as a unit and located on a single site as well as those
retail and wholesale business activities which serve a regional market, offer merchandise and/or
services oriented to highway uses or function best on individual land parcels and thus are not
normally part of an integrated shopping area or center.
-
P = Permitted
Number Use SE = Special Exception
1. Auto gasoline service P
station
2. Auto body repair garage P
3. Auto sales P
4. Auto washing facility P
5. Bank/financial P
institution
6. Business services P
7. Communication facility P
(publicly regulated)
8. Conversion apartment SE
9. Crop farming P
10. Cultural facility P
11. Day nursery center P
12. Drive-in stand P
13. Fire station p
14. Greenhouse P
15. Home occupation SE
16. Hospital P
17. Mortuary/funeral home p
18. Motellhotel P
~~ d l~lWNtljjW""""'~"""-"=-O~"""'!i1I1."\ll.iIM~'Ii-Jlk!i~,;o;"'~i~"j"M.'H,,",,~"","I,,"".,~"""
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UPPER AlLEN CODE
P = Permitted
Number Use SE = Special Exception
19. Parking lot P
20. Personal service P
establishment
21. Private club SE -
22. Professional office P
23. Public building P
24. Public entertainment P
facility
25. Research, testing or SE
exp~tallab
26. Restaurant P
27. Sanitary facility SE
28. School P
29. Shopping center P
30. Shops and stores P
31. Signs P
32. Supply utilities SE
33. Tavern/nightclub SE
34. Trade/prt>fessional P
school
35. Transportation terminals P
36. Veterinmy office/animal P
hospital
37. Warehousing and storage SE
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ZONING
. TABLE OF USE REGULATIONS
SCHEDULE Ie
INDUSTRIAL DISTRICT (IN)
A. This district is established to accommodate industrial development in locatiQns
that will constitute a harmonious and appropriate addition to the physical
development of Upper Allen Township. Permitted uses are restricted to those which
are compatible with adjacent uses and which have appropriate open spaces, land-
scaping and parking areas. Such uses must be carried on in a manner so that they
do not unfavorably intrude on other uses in the township. These uses may include
industrial uses, such as manufacturing and assembly, warehousing and.storage; both
light and heavy industrial uses.
B. In the Industrial District, manufacturing uses are permitted, provided that no
adverse external effects or emissions such as dust, glare, vibration, electrical or
radio disturbance fumes, vapor or gases go beyond the property lines creating such
potential nuisances.
P . Permitted
Nlllllber Use SE = Special Exception
1. Adult entertainment facility SE
2. Auto gasoline service station P
3. Auto body repair garage P
4. Auto sal es P
5. Auto washing facility P
6. Bank/financial institution p
7. Business services p
8. Communication facility p
(publicly regulated)
9. Communication facility SE
(non-publicly regulated)
10. Contractor's office & storage P
11. Conversion apartment SE
12. Crop farming p
13. Cultural facility p , .
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UPPER AllEN CODE
,..-: ~ ..
~ Number
Use
P = Permitted Use
SE ~ Special Exception
14.
15.
16.
17.
18.
19.
20.
21,
22.
23.
24.
25.
26.
27.
28.
29.
30.
31,
32.
33.
34.
35.
36.
37.
38.
39.
Drive-in stand
P
SE
P
...
Extractive operations
Fire station
Greenhouse
P -
P
SE
P
P 1
P ~
P
P lJ
P
P ~
P
P t
P .
P
P J
SE
P .
P (I
SE
P I
P
P .
P, C ,
"
Hospita 1
Junkyard
Manufacturin9
Mill
Mortuary/funeral home
Motel/hotel
Parking lot
Personal service establishment
Public building
Public entertainment facility
Public recreational facility
Repair services
Research, testing or experimental lab
Restaurant
Sanitary facility
Shops and stores
Signs
Supply utilities
Trade/professional school
Transportation terminals
Trucking terminals
Warehousing and storage
. ~ I _
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ZONING
TABLE OF USE REGULATIONS
SCHEDULE L
INDUSTRIAL PARK DISTRICT (IP)
A. This district is established to accommodate industrial and commercial development
of certain uses in locations that will constitute a harmonious and appropriate
addition to the physical development of Upper Allen Township. Permitted users are
restricted to those which are compatible with adjacent uses and which have
appropriate open spaces, landscaping and parking areas. It is intended that such
uses will be generally in the assembly of goods rather than the manufacture of
goods and will combine commercial uses with light industrial uses. Such uses must
be carried on in a manner so that they do not unfavorably intrude on other uses in
the township.
B. Land size requirement for an Industrial Park District shall be not less than five
(5) acres.
,
.~
C. In the IP District, the following manufacturing uses are permitted; processing and
packaging of eatery products, drug and pharmaceutical preparation, perfUmes,
cosmetics, electrical lighting and wiring, electronic components, optical
instruments, lenses. dental and medical instruments, household instruments, sports
equipment, apparel, footwear, luggage, leather and other finished products made
from fabrics, rubber, leather and similar materials; and printing, graphic
reproduction and allied services, including manufacturing or manifold business
forms, greeting cards~ bookbinding, typesetting and photoengraving and similar
uses, provided that no adverse external effects or emission such as dust, glare,
vibration, electrical or,radio disturbance, fumes, vapor or gases go beyond the
property lines creating such potential nuisances.
P = Permitted
Number Use SE = Special Exception
1. Bank/financial institution P
z. Business services p
3. Communication facility SE
(publicly regulated)
4. Communication facility SE
(non-publicly regulated)
5. Contractor's office and storage P
6. Fire station P
7. Manufacturing P
8. Motel/hotel P
.
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UPPER ALLEN C-
P = Permitted
Number Use SE = Special Exception
9. Parking lot P
-
10. Private club P
11. Professional office P
12. Public buil ding P
13. Repair services P
14. Research, testing or experimental . P
15. Restaurant P
16. Sanitary facility SE
17. Signs p
18. Supply utilities SE
19. Trade/professional schoo 1 SE
20. Warehousing and storage P
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~ 245-32
ZONING
~ 245-36
ARTICLE V
DimeDSional Requirements
j-.;:"-':
~ 245-32. Exceptions to height limitations.
The lteight limitations of this chapter shall not apply to church spires, belfries, cupolas,
monwnents, silos and domes not used for human occupancy nor to chimneys, ventilators,
skylights, water tanks, bulkheads, similar features and necessmy mechanical appunenances
normally built above the roof level. Such features, however, shall be erected only to such heij:,ht
as necessary to accomplish the pwpose they are to serve and shall not exceed in cross-sectional
area twenty percent (20%) of the ground floor area of the building.
~ 245-33. Special front yard requirements.
A. Exceptions. If the aligromP.11t of two (2) or more existing buildings on each side of a lot
within a distance of fifty (50) feet of the proposed building and fronting on the same side
of same street in the same block is nearer to the street than the required front yard depth.
the average of such existing alignment within thar distance shall be the required front yard.
B. Additional setbacks. For those properties fronting on arterial and collector highways
identified in the Comprehensive Plan, minimum front yards shall be thirty-five (35) feet in
all districts, measured from the future right-of-way.
fi 245-34. Traffic m'bility across corners.
In all districts, no strUcture, fence, planting or other strUcture shall be maintained between a
plane two (2) feeubove curb level and a plane seven 0) feet above curb level so as to interl'ere
with trllffic visibility across the comer within that part of the required front or side yard which
is within a triangle bounded by the front and side lot lines and a straight line drawn between
points on each such lot line twenty (20) feet from the intersection of said lot lines or extensions
thereof.
fi 245-35. Projections.
Ground stoIy temICeS may project into any required yard not more than one-half (l/2) its
required '!;mP.11~on and not more than ten (10) feet in any case. Chimneys, flues, columns, sills
and ornamental featmes may project no more than two (2) feet into a required yard. In the case
of a nonconfonning building used for residential pwposes, ground stoIy terraces (covered or
open) ll:Iay project into any required side yard or rear yard a maximum of ten (10) feet, with the
approval of the Zoning Officer.
fi 245-36. Multiple frontage lots.
On corner or double-frontage lots, each side of a lotbaving a street frontage shall meet the
required front yard setback for the lot.
&:-
24527
y!liliilif'~ _-I.i1il~1iI -.
~ 245-37
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UPPER ALLEN CODE
~ 245-39
f 245-37. Spacing of nonresidential buildings on property ~ siDgle ownership.
A. Wbere two (2) or more maiD buildings for nonresidential uses are proposed to be built on a
property in one (1) ownership. front, side and rear yards are required only at lot lines abutting
other properties.
. B. Buildings shall be at least fifty ft. apart except where they face end to
end or corner to comer, in which case they shall be at least twenty-five
ft. apart.
ARTICLE VI
Performance Standards
f 245-38. Compliance required.
All uses and activities established after the effective date of this chapter shall comply with the
following standards.
~ 245-39. Noise.
A. The sOllDd level of any operation (other than the operation of motor vehicles or other
transportation f"",1;n",s, opeI3tions involved in the constrUCtion or demolition of stIuctllreS,
emergency alarm signals or time signals) shall not exceed the decibel levels in the
designated octave bands stated below. The sound pressure level shall be measured with a
sollDd level meter and an octave band analyzer that confoIIl!. to the specifications published
by the American,standards Association. (American Standard Sound Level Meters for
M~t of Noise and Other SOllDds, Z 24.3....;. 1944, American Standards
Association, Inc., New York, New York, and the American Standard Specification for an
Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z 24.10 - 1953,
American Standards Association, Ine., New York, New York, shall be used).
B. Sound pressure levels shall be measured at the propeny line on which the emission OCCUIS.
The mHy;mnm pexmissible sound pressure levels for smooth and continuous noise shall be
as follows. (All of the decibel levels stated below shall apply in each case.)
Maximum Permitted
Sound Pressure Level
(Decibels)
67
59
52
46
Frequency Band
(Cycles per Second)
0-150
150-300
300 - 600
600 - 1,200
1,200 - 2,400
2,400 - 4,800
Above 4,800
l~L].,,: "_~'_P>"._.,.'"'" "_ ,_".",y__' ,_" p ~
40
34
32
24528
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~ 245-39
_ ZONING
~ 245-41
C. If the noise is not smooth and continuous or is radiated during sleeping hours, one (1) or
more of the corrections below shall be added to or subtracted from each of the decibel
levels given herein:
Corrections in Type of Operation or Character of Noise Decibels
Characteristic Correction
Noise occurs between the hours of
10:00 p.m. and 7:00 a.m.
Noise occurs less than 5% of any
I-hour period
Noise is of periodic character (hum,
scream, etc.) or impulsive character
(hammering, etc.) (In the case of
impulsive noise, the correction shall
apply only to the average pressure
during an impulse; and impu1se peaks
shall not exceed the basic standards
given above.)
-3
-
+5
-5
~ 245-40. Smoke and gases.
A. No smoke shall be emitted from any chimney or other source of visible gray opacity
greater than No.1 on the Ringelmann Smoke Chart published by the United States Bureau
of Mines, except that smoke of a shade not darker than No.2 on the Ringelmann Smoke
Chart may be emitted f~r not more than four (4) minutes in any thirty-minute period.
B. The emission of dust, dirt, :fly ash, fumes, vapors or gases which can cause any damage to
human health, animal., vegetation or propertY or which can cause any soiling or staining of
persons or property at any point beyond the lot line of the use creating emission is herewith
prohibited.
C. No emission of liquid or solid particles from any chimney or other source shall exceed
three-tenths (0.3) grains per cubic foot of the covering gas at any point beyond the lot line
of the use creating the emission. fur measurement of the amount of particles in 'gases
resulting from combustion, standard correction shall be applied to a stack temperature of
five hundred degrees Fahrenheit (5()()O F.) and fifty percent (50%) excess air in stack at full
load.
~ 245-41. Odor.
Odorous matter released by any operation or activity shall not exceed the odor threshold
concentration beyond lot lines, measured either at ground level or habitable elevation. The
standard for measuring the intensity of odor in the air shall be the Standard Method for
Measurement of Odor in Atmosphere (Dilution Method), ASTM Method D1391-57, American
Society for Testing and Materials.
24529
j~Miii~iR~~~;;j~""'>~'""''''fi";:"",,~1ffidk;...iI,,,,,,,
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"llIlI~[> ,~,- ~'"'-- ~- -.'
UPPER ALLEN 'CODE
~ 245-46
~ 245-42
~ 245-42. Heat.
No use shall produce heat perceptible beyond its lot lines.
~ 245-43. Glare.
No use shall produce a strong tl'77!ing light or a reflection of a strong tl'77!ing light beyond its
lot lines.
~ 245-44. Vibrations.
I
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the
aid of instruments, with the exception of vibration produced /IS a result of construction activity.
~ 245-45. Buffering.
A. In general, buffering and screening is required in institutional, commercial, office,
industrial and higher-density residential districts where they border loweNlensity
residential districts and around existing residential properties within such districts or
adjacent districts.
B. Where streets, highways, railroads or streams serve as district boundaries, generally no
buffering is required along such boundary. Screening may be required by the governing
body if it determines screening is necessary for the safety or welfare of adjoining residents.
C. Where streams or other bodies of water serve as district boundaries, such stream or river
may serve to meet the buffering requirements.
D. Screening may be required by the governing body within any district where a commercial,
industrial, office, institutional or higher residential use is proposed adjacent to existing or
proposed uses of a different character if it determines screening is necessary for the safety
or welfare of adjoining residents.
~ 245-46. Buffer yards.14
A. Buffer yards shall be at least fifty (50) feet in width, measured from the applicable district
boundary line. Buffer yards may be coterminous in required front, side or rear yards but in
no case shall the combined width be less than fifty (50) feet
B. In all buffer yards, the exterior twenty-five-foot width shall be planted with grass seed, sod
or ground cover and maintained and kept clean of all debris, rubbish, weeds and tall grass
in conformance with existing regulations.
C. No structure, manufacturing or processing activity or storage of materials shall be
permitted in the buffer yard; however, parking of paSsenger automobiles shall be permitted
in the portion of the buffer yard exclusive of the exterior twenty-five-foot width.
14 Editor's Note: Ameaded at time of adoption of Code; see Chapter 1, GenenI Provisions, Art. L
24530
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~ 245-46
20NING
~ 245-49
D. Within the exterior twenty-five (25) feet, plant materials used in the planting shall be at
least four (4) feet in height when planted and of such species as will produce, within two
(2) years, a complete visual screen of at least eight (8) feet in height.
ARTICLE vn
Floodplain Regulations
~ 245-47. Intent.
The intent of this Article is to:
A. Promote the general health, welfare and safety of the community.
B. Reduce financial burdens imposed on the community, its governmental units and its
individuals by preventing excessive development in areas subject to periodic flooding.
C. M;n;m;7e danger to public health by protecting water supply and natural drainage.
D. Promote responsible f1oodproofing measures within the Floodplain Conservation Disnict.
-
~ 245-48. Inspection by state departments; jurisdiction of Department of Environmental
Resources.
A. All work, structures and land covered under a permit issued under this chapter shall at all
times be subject to inspection by representatives. of the Pennsylvania Department of
Environmental Resources and the Pennsylvania Department of Community Affairs, and
the committee shall allow any representative thereof to enter any property, premises or
place associated with such permit for the pmposes of such inspection.
B. The Pennsylvania Department of Environmental Resources has exclusive jurisdiction to
regulate:
(1) Any obstruction otherwise regulated under the Water Obstructions Act.15
(2) Any flood control project constructed, owned or maintained by a governmental unit.
(3) Any highway or other obstruction constructed, owned or maintained by the
Commonwealth of Pennsylvania or a political subdivision thereof.
(4) Any obstruction owned or maintained by a person engaged in the rendering of a
public utility service.
~ 245-49. Specific lI00dplain areas.
A. The identified floodplain area shall consist of the following specific areas:
(1) FW (FI00dway Area).
15 Editor's Note: See now the Dam Safety and Encroachments Act, 32 P.s. f 693.1 et seq.
24531
tlIl~~mil!ltl<~i:llili\f.li~W/l!it!tI~i.~~..,.Il\l.""';""-",,,,f"i>ili;;l'__d',,"lli'jl"''''d+''",''''''''..< " """~ -~'.. '-~c_,l-
:llllilUl: ~..
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~ 245-49
UPPER ALLEN CODE
~ 245-50
(a) The FA (Floodway Area) shall be the areas identified as "Floodway" in the A
Zone in the Flood Insurance Study prepared by the Federal Emergency
Management Agency (FEMA). The term shall also include f100dway areas which
have been identified in other available studies or sources of infoIlIllltion for those
floodplain areas where no f100dway has been identified in the Flood Insurance
Study.
(b) For the purpOses of this chapter, the f100dway is based upon the criteria that a
certain area within the floodplain would be capable of canying the waters of the
one-hundred-year flood without increasing the water surface elevation of that
flood more than one (1) foot at any point.
(2) FA (General Floodplain Area). The FA (General Floodplain Area) shall be the areas
identified as "Zone A" in the Flood Insurance Study for which no one-hundred-year-
flood elevations have been provided. When available, infoIlIllltion from other federal,
state and other acceptable sources shall be used to determine the one-hundred-year
elevation, as well as a Floodway Area, if possible. When no other information is
available, the one-hundred-year elevation shall be determined by using a point on the
boundary of the identified floodplain area which is nearest the construction site in
question.
(3) FF (Flood-Fringe Area).
(a) The FF (Flood-Fringe Area) shall be the rema,ining portions of the one-hundred-
year floodplain in those areas identified as an "A Zone" in the Flood Insurance
Study, where a f100dway has been delineated.
(b) The basis for the outermost boundary of this area shall be the one-hundred-year-
flood elevations as shown in the flood profiles contained in the Flood Insurance
Study.
B. In lieu of Subsection A(2) above, the township may require the applicant to determine the
elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in
sufficient detail to allow a thorough technical review by the township.
~ 245-50. Special requirements of floodplain areas.
A. Within allY FW (Floodway Area), the following provisions apply:
(1) Any new construction, development, use, activity, or encroachment that would cause
any increase in flood heights shall be prohibited.
(2) No new construction or development shall be allowed unless a pennit is obtained
from the Department of Environmental Resources, Bureau of Dams and Waterway
Management.
B. Within allY FA (General Floodplain Area), the following provisions apply:
24532
~ "
~ -.
-
,
_1>lC
"
~ 245-50
-ZONING
~ 245-52
r-
i
(1) No new construction or development shall be located within the area measured fifty
(50) feet landward from the top-of-bank of any watercourse unless a permit is
obtained from the Department of Environmental Resources, Bureau of Dams and
Waterway Management. '
r
I
,-
i
~ 245-51. Change in the Floodplain Conservation District.
The delineation of the Floodplain Conservation District boundaries may be revised and
modified by the Upper Allen Township Board of Commissioners where they are changed-
through natural or other causes or wbere changes can be validated by further detailed
engineering studies employing on-site survey techniques as approved or recommended by the
United States Army Corps of Engineers. However, prior to any change being made, approval
must be obtained from the. Fedei-aI Insurance Administration (PIA).
~ 245-52. Permitted uses and activities.
A All uses, activities and development within the Floodplain Conservation District shall
require a pennit and shall be undertaken in strict compliance with the provisions of this
chapter and all other applicable ordinances, including Chapter 220, Subdivision and Land
Development. In addition, all such uses, activities and development shall be undertaken
only in compliance with all applicable federal and state laws, including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. Subsection 1334.
B. Prior to any proposed alteration of any stream or watercourse within the township, notice
shall be given to and, when applicable, a permit shall be obtained from the Pennsylvania
Department of Environmental Resources, Bureau of Dams and Warerway Management.
Notice of such propo~ alteration or relocation shall be given by the township to all
affected adjacent municipalities. Copies of such notice shall also be forwarded to the
Federal Emergency Management Agency and the Pennsylvania Department of Community
Affairs.
C. In the Floodway Area, no modification, alteration, repair or new construction of buildings,
structures, fill or any combination of these shall be permitted which would impair its
ability to carry and discharge floodwaters or increase the elevation of the one-hundred-year
flood. Similarly, within the' Floodway Area, no development shall be permitted except
where the effect of such development on flood heights is fully offset by accompanying
improvements.
D. In the Floodway Area, the following uses and activities are permitted, provided that they
are in compliance with the provisions of the underlying district and are not prohibited by
any other ordinance and provided that they do not require structures, fill or storage of
materials and equipment:
(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) Public and private recreational uses and activities such as parks, day camps, picnic
grolinds, golf courses, boat launching and swimming areas, hiking and horseback
24533
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~ '."~ ""''' .."
~ 245-52
UPPER AllEN CODE
~ 245-53
riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet
game ranges and hunting and fishing areas.
(3) Accessory residential uses such as yard areas, gardens, play areas and pervious
parking areas.
(4) Accessory industrial and commercial uses such as yard areas, pervious parlcing and
loading areas, aiIport landing strips, etc.
E. l:'Io grading of land or deposit of fill or other develbpment shall be permitted in the
J::loodway Area except where necessary to accomplish bne (I) of the permitted or special
uses and no alternate plan is feasible. In addition, a report prepared by a registered
professional engineer who is a civil engineer or enginw qualified by hydrology having a
. professional engineer license in the Commonwealth of Pennsylvania shall be submitted to
the Upper Allen TOWl!Ship Board of Commissioners certifying that the proposed activity
will not impair the capacity of the FIoodway Area to ~arry and discharge floodwaters or
ihctease the elevation of the one-hundred-year flood. No grading or filling shall take place
until written approval is received from Upper Allen Township.
F. StructUres. Within any identified Flood-Fringe and General Floodplain Area, the lowest
floor (including basement) of any new structure or any substantial improvement to an
existing structure shall be at least two (2) feet above the one-hundred-year-flood elevation.
~ 245-53. Uses by special exception.
A, In addition, the following uses may be permitted in the Flood-Fringe and General
Floodplain Area as a special exception upon authority of the Zoning Hearing Board:
(I) Dams, culverts and bridges approved by the Commonwealth of Pennsylvania
Department of Environmentai Resources.
(2) Impoundment basins.
(3) Storm sewers. However, flap gates shall be providl1d on all stormwater outfalls where
an area or portion thereof is susceptible t':l backflooding.
(4) Utilities and public facilities and improvemepts, such as railroads, streets,
transmission lines, pipelines and water and sewage ;treatment plants, and other similar
or related uses.
Ci) Storage of.materlals and equipment, provided that !hey are not buoyant, flammahle or
I
explosive ""d are not subject to major damage by flooding or provided that such
1lIllterial and equipment is firmly anchored to prevent flotation or movement and/or
can be readily removed from the area within the time available after flood warning.
(6) Other similar uses and activities, provided that they cause no increase in flood heights
and/or velocities. All uses, activities and structural developments shall be undertaken
in strict compliance with the ftoodproofing provisions contained in all other applicable
codes and ordinances.
(7) Structures.
24534
-
'Ulu,
-
.
-., .'~ -" ,"
Ji;
~ 245-53
_ ZONING
~ 245-54
B. In the Floodway Area, no use shall be permitted by special exception which would impair
the ability of the Floodway Area to cany and discharge floodwaters or increase the water
surface elevation of theone"hundred-year flood except where the effect on flood heights is
fully offset by stream improvements.
C. In passing upon applications for special exceptions and variances, the Zoning Hearing
Board shall consider all relevant factors and procedures specified in other sections of this
chapter and the following:
(1) The danger to life and property due to increased flood heights or velocities caused by-
encroachments. No special exceptions or variances shall be granted for any proposed
use, development or activity that will cause any increase in the one-hwidred-year-
flood elevation.
(2) The danger that materials may be swept onto other lands or downstream to the injmy
of others.
(3) The proposed water supply and saIrltation systems and the ability of these systems to
. prevent disease, contamination and unsaniuuy conditions.
(4) The susceptibility of the proposed, facility and its contents to flood damage and the
effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development anticipated in the
foreseeable future.
(9) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
(10) The safety of access to the property in time of flood for ordinary and emergency
vehicles.
(11) The expected heights. velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site.
~ 245-54. Dispute over floodplain district boundaries.
A. In case of any dispute concerning the boundaries of a Floodplain Conservation District, an
initial determination shall be made by the Zoning Officer, based on information provided
by the Township Engineer.
B. Any party aggrieved by a decision of the Zoning Officer as to the boundaries of the
Floodplain Conservation District, as defined in ~ 245-51, which may include the grounds
that said data referred to therein is or has become incorrect because of changes due to
natural or other causes may appeal to the Zoning Hearing Board. The burden of proof in
such an appeal shall be on the appellant
24535
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~ 245-54
UPPER AllEN CODE
~ 245-57
C. The Floodplain Conservation District shall be deemed an overlay on any zoning district
now or hereafter applicable to any lot. Should the Floodplain Conservation District be
declared inapplicable to any tract by reason of action of the Upper Allen Township Board
of Commissioners in amending this chapter or the Zoning Hearing Board or any court of
competent jurisdiction in interpreting the same or any court of competent jurisdiction in
determining the legal effect of the same, the zoning applicable to such lot shall be deemed
to be the district in which it is located without consideratiion of this Article.
~ 245-55. Municipal liability.
The grant of a zoning permit or approval of a subdivision plan in the Floodplain Conservation
District shall not constitute a representation, guaranty or warranty of any kind by the
municipality or by any official or employee thereof of the practicability or safety of the
proposed use and shall create no liability upon the municipa!iily, its officials or employees.
~ 245-56. Flood control facilities.
The Board of Commissioners, when it deems it necessary for the protection of the public
health, safety or welfare, may require the applicant for ~y permit under this chapter to
construct holding ponds, retention basins or other facilities ~or the purpose of protecting other
properties from flooding.
~ 245-57. Production/storage of hazardous materials.
A. The provisions of this section shall be applicable, in addition to any other applicable
provisions of this chapter or any other ordinance, code or regulation.
B. In accordance with the Pennsylvania Flood Plain Management Act, 16 and the regulations
adopted by the Department of Community Affairs as required by the Act, any new or
substantially improved structure which will be used for the protection or storage of any of
the following dangerous materials or substances or which will be used for any activity
requiring the maintenance of a supply of more than five hundred fifty (550) gallons, or
other comparable volume, of any of the following dangerous materials or substances on the
premises or which will involve the production, storage or use of any amount of radioactive
substances shall be subject to the provisions of this. section, in addition to all other
applicable provisions. The following list of materials and substances are considered
dangerous to human life:
Acetone
Ammonia
Benzene
Calcium cllIbide
16 Editor's N."" See 32 P.s. f 679.101 el seq.
24536
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-ZONING
~ 245-57
{"'::
Carbon disulfide
Celluloid
Chlorine
Hydrochloric acid
Hydrocyanic acid
Magnesium
Nitric acid and oxides of nitrogen
Pesticides (including insecticides, fungicides and rodenticides)
Petroleum products (gasoline, fuel oil, etc.)
Phosphorus
Potassium
-
(:-;
I
!
Radioactive substances, insofar as such substances are not otherwise regulated
Sodium
Sulfur and sulfur products
C. Within any Floodway Area District, any structure of the kind described in Subsection B
above shall be prohibited.
D. Regulations for permitted structures.
(1) When permitted within any General Floodplain District, any structure of the kind
described in Subsection B above shall be:
(a) Elevated or designed and constructed to remain completely dry up to at least two
(2) feet above the one-hundred-year flood; and
(b) Designed to prevent pollution from the structure or activity during the course of
a one-hundred-year flood.
(2) Any such structure or part thereof that will be built below the regulatory flood
elevation shall be designed and constructed in accordance with the standards for
completely dry f100dproofing contained in the publication Floodproofing Regulations
(United States Anny COIpS of Engineers, June 1972), or with some other equivalent
watertight standard.
E. Within any General Floodplain District, any structure shall be prohibited within the area
measured fifty (50) feet landward from the top-of-bank of any watercourse.
F. Except for a possible modification of the freeboard requirements involved, no variance
shall be granted for any of the other requirements of this section.
~- '..
24537
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~ 245-58
UPPER ALLEN CODE
~ 245-58
~ 245-58. Special permits.
A. 1;be provisionsi of this section shall be applicable in i addition to any other applicable
provisions of this chapter or any other ordinance, code Or regulation.
,
B. Identification of activities requiring a special permit. In 'accOrdance with the Pennsylvania
F1~ Plain Management Act (Act 1978-166)17 and reguJations adopted by the Department
of Community Affairs as required by the Act, the follo~g obstmctions and activities are
,~rmitted only by special pemlit, if located panial1y or enlirely witbinany fiooQplain
district.
(1) The commencement of any of the following activities or the constmctioD,
enlargement or expansion of any structure used or intended to be used for any of the
following activities:
(a) Hospitals.
(b) Nursing homes.
(c) Jails or prisons.
(2) The COIDlDencement of or any constmction of a manufactured home park or
subdivision or substantial improvement to an existing manufactured home park or
subdivision.
C. Application requirements. Applicants for special permits shall provide five (5) copies of
the following items to the Zoning Hearing Board:
(1) A written request, including a completed building permit application form.
(2) A small scale map showing the vicinity in which the proposed site is located.
(3) A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being
equal to OIle hundred (100) feet or less, showing the following:
(a) Nortb arrow, scale and date;
(b) Topography based upon the National Geodetic Vertical Datum of 1929, showing
existing and proposed contours at intervals of two (2) feet;
(c) All property and lot lines, including dimensions, and the size of the site
expressed in acres or square feet;
(d) The location of all existing streets, drives, other accessways and parking areas,
with information concerning widths, pavement types and construction and
elevations;
( e) The location of any existing bodies of water or watercourses, buildings,
structnres and other public or private facilities, including railroad tracks and
facilities, and any other natural and man-made features affecting or affected by
the proposed activity or development;
17 Editor's Note: See32P.s. f 679.101 etseq.
24538
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fi 245-58
-ZONING
fi 245-58
(f) The location of the floodplain boundary line, information and spot elevations
concerning the one-hundred-year-flood elevations and information concerning
the flow of water, including direction and velocities;
(g) The location of all proposed buildings, structures, utilities and any other
improvements; and
(h) Any other information which the Zoning Hearing Board considers necessary for
adequate review of the application.
(4) Plans of all proposed buildings, structures and other improvements clearly and legibly
drawn at suitable scale showing the following:
-
(a) Sufficiently detailed architectural or engineering drawings including floor plans,
sections and exterior building elevations, as appropriate;
(h) For any proposed building, the elevation of the lowest floor (including basement)
and, as required, the elevation of any other floor;
(c) Complete information concerning flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the one-hundred-year flood;
(d) Detailed information concerning any proposed flood proofing measures;
(e) Cross-section drawings for all proposed streets, drives, other accessways and
parking areas, showing all rights-of-way and pavement widths;
(f) Profile drawings for all proposed streets, drives and vehicular accessways,
including existing and proposed grades; and
(g) Plans and profiles of all proposed sanitary and stonn sewer systems, water
supply systems and any other utilities and facilities.
(5) The following data and d~entation:
(a) Certification from the applicant that the site upon which the actIVIty or
development is pl:Oposed is an existing separate and single parcel, owned by the
applicant or the client helshe represents;
(b) Certification from a registered professional engineer, architect or landscape
architect that the proposed construction has been adequately designed to protect
against damage from the one-hundred-year flood;
(c) A statement, certified by a registered professional engineer, architect, landscape
architect or other qualified person, which contains Ii complete and accurate
description of the nature and extent of pollution that might possibly occur from
the development during the course of a one-hundred-year flood, including a
statement concerning the effects such pollution may have on human life;
(d) A statement, certified by a registered professional engineer, architect or
landscape architect, which contains a complete and accurate description of the
effects the proposed development will have on one-hundred-year-flood
elevations and flows;
24539
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~ 245158
UPPER AlLEN CODE
~ 245-58
(e) A statement, certified by a registered professional engineer, architect or
landscape 'architect, whicb contains a complete and accurate description of the
kinds and .amounts of any loose buoyant materials or debris that may possibly
exist or be located on the site below the one-hundred-year-f100d elevation and
the effects such materials and debris may have on one-hundred-year-f100d
elevations and flows;
(f) The appropriate component of the Department of Environmental Resources
Planning Module for Land Development;
(g) Where any excavation or grading is pIQposed, a plan meeting the requirements of
the Department of Environmental Resources to implement and I!Illintain erosion
and sedimentation control;
(h) Any other applicable permits, such as but not !jmited to a permit for any activity
regulated by the Department of Environmental Resources under Section 302 of
Act 1978-166;18 and
(i) An evacuation plan which fully explains the tnanner in which the site will be
safely evacuated before or during the course of'a one-hundred-year flood.
D. Application review procedures. Upon receipt of an application for a special permit by the
Zoning Hearing Officer, the following procedures shall apply in addition to all other
applicable procedures which are already established:
(1) Copies of the application shall also be forwarded to the Township Engineer for review
and comment and to the Zoning Hearing Board for official action.
(2) If an application is received that is incomplete, the Zoning Officer shall notify the
applicant, in writing, stating in what respects the application is deficient.
(3) If the Zoning Hearing Board decides to disapprove an application, it shall notify the
applicant, in writing, of the reasons for the disapproval.
(4) If the Zoning Hearing Board approves an application, it shall file written notification,
together with the application and all pertinent information, with the Department of
Community Affairs, by registered mail, within five (5) working days after the date of
approval.
(5) Before issuing the special permit, the Zoning Hearing Board shall allow the
Department of Community Affairs thirty (30) days after receipt of the notification by
the Department to review the application and the decision made by the township.
(6) If the Zoning Hearing Board does not receivel any communication from the
Department of Community Affairs during the thirtyJday review period, it may issue a
special permit to the applicant.
(7) If the Department of Community Affairs should decide to disapprove an application,
it shall notify the Zoning Hearing Board and the applicant, in writing, of the reasons
for the disapproval, and the Zoning Hearing Board shall not issue the special permit.
18 Editor's Not<: See 32 P.s. 1679.302.
24540
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~ 245-58
-ZONING
~ 245-59
E. Technical requirements for development requiring a special permit In addition to any other
applicable requirements. the following provisions shall also apply to. the activities requiring
a special permit If there is any conflict between any of the following requirements and any
otherwise applicable provision, the more restrictive provisions shall apply.
(1) No application for a special per.mit shall be approved unless it can be determined that
the structure or activity will be located, constructed and maintained in a manner in
which:
(a) It will survive inundation by waters of the one-hundred-year flood without any -
1ateral movement or damage to either the structure itself or to any of its
equipment or contents below the one-hundred-year-flood elevation.
(b) The lowest floor elevation (including basement) will be at least two (2) feet
above the one-hundred-year-flood elevation.
( c) . The occupants of the structure can remain inside for any indefinite period of time
and be safely evacuated at any time during the one-hwidred-year flood.
(d) It will prevent any significant possibility of pollution, increased flood levels or
flows or debris endangering life and property.
(2) All hydrologic and hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated quaJijjcations, who shall certify that the technical
methods used correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough
technical review by the township and the Department of Community Affairs.
(3) Within any floodplain district, any structure of the kind described in Subsection B
above shall be prohibited within the area measured fifty (50) feet landward from the
top-of-bank of any watercourse.
(4) Except for a possible modification of the freeboard requirement involved, no variance
shall be granted for any of the other requirements of this section.
F. All work, structures and land covered under a permit issued under this chapter shall at all
times be subject to inspection by representatives of the Pennsylvania Depl!I'lIllent of
Environmental Resources and the Pennsylvania Department of Community Affairs,and
the committee shall allow any representative thereof to enter any property. premises or
place associated with such permit for the purposes of such inspection.
~ 245-59. Jurisdiction of Department of Environmental Resources.
The Pennsylvania Department of Environmental Resources has exclusive jurisdiction to
regulate:
A. Any obstruction otherwise regulated under the Water Obstructions Act
B. Any flood control project constructed, owned or maintained by a governmental unit
C. Any highway or other obstruction constructed, owned or maintained by the commonwealth
or a political subdivision thereof.
24541
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~ 245-59
UPPER ALLEN CODE
~ 245-61
D. Any obstruction owned or maintained by a person engaged in the rendering of a public
utilit:y service.
ARTICLE vm
Signs
~ 245-60. Intent.
The sign regulations, controls and provisions set forth in this chapter are made in accordance
with an overall plan and program for the public safety area development, preservation of
property values and the general welfare of Upper Allen Township and are intended to:
A. Aid in traffic control and traffic safety.
B. Preserve and protect property values.
C. Lessen congestion of land and air space.
D. Provide against undue concentration of signs which distract and endanger traffic safety and
traffic flow.
E. Establish reasonable standards for commercial and other advertising through the use of
signs in order to maintain and encourage business activity and area development
F. Avoid uncontrolled proliferation of signs.
G. Recognize the rights of the public in roads, streets, highways and the areas adjacent to
those roads, streets and highways.
H. Preserve the wholesome and attractive character of the township.
I. Recognize that the general welfare includes a community plan that shall be beautiful as
well as healthy, spacious as well as clean and well-balanced in its growth and
development
~ 245-61. Permitted signs.
The following signs are permitted:
A. Ground pole sign: a sign supported by one (1) or more uprights, poles or braces placed
onfmto the ground, where the sign is affixed above ground level.
B. Projecting sign: a sign which projects from and is supported by the wall of a building.
C. Roof sign: any sign erected and maintained on or above the roof of a building.
D. Wall sign: a sign which is attached directly to or painted on a building wall and which does
not eJttend more than eighteen (18) inches therefrom nor eJttend above the roofiine.
E. Freestanding sign: a sign erected and supported by a foundation attached to the ground.
24542
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~ 245-62
-ZONING
fi 245-67
S 245-62. Setback requirements.
All signs covered by this chapter shall meet a setback requirement from a street or roadway;
such setback requirement shall be half the required distance for buildings within the respective
:zoning district The m;n;mnm setback requirement for signs in all zoning districts shall be ten
(10) feet
fi 245-63. Number nstricted.
~
Except for an Industrial Park Zoning District (see fi 245-71), a property owner may erect and
maintain only one (1) sign (of any type) per lot or parcel, except in cases of double street
frontage on two (2) public ways, in which case each street frontage may have one (1) sign (of
any type). No more than one (1) sign shall be mounted to the supporting structure of any
ground pole sign. A double-faced sign shall count as a single sign.
fi 245-64. ~ Height limit.
No signs (including roof signs) or any part thereof, including braces, supports or lights, shall
exceed a height of twenty-five (25) feet above ground level. Height shall be measured from
ground level directly below the face of the sign to the highest part of the sign.
fi 245-65. Safety and maintenance.
A. Every sign and all parts thereof, including framework, supports, background, anchors and
wiring systems, shall be constructed and maintained in compliance with the Building,
Electrical and Fire Prevention Codes as they now exist or may hereafter exist.19 In the
absence of an electrical 'ordinance, the most current version of the National Electrical Code
shall be used as the standard for all wiring systems.
B. All signs and all parts thereof shall be kept in a good state of repair and maintenance.
fi 245-66. Temporary signs.
A temporary sign shall be a sign constructed of cloth, 'canvas, fabric, wood or other similar
material, with or without a structural frame, and intended for a limited period of display of
three (3) months or less in any twelve-month period.
fi 245-67. Sign area.
The sign area shall be the area of the smallest triangle, rectangle or circle which can wholly
enclose the surface area of the sign. All visible faces of a multifaced sign shall be counted
separately and then totaled in calculating sign area. Three-dimensional signs shall be treated as
19 Editor's Note: See Ch. 97, Building CoDslnldiOD, Ch. 127, EIectrica1 StaDdards, and Ch. l38, Fire Preventi"",
respective1y.
24543
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fi 245-67
UPPER ALLEN CODE
fi 245-69
dual-faced signs, such that the total area shall be twice the area of the smallest triangle,
rectangle or circle which can totally circwnscnoe the sign in the plane of its largest dimension.
fi 245-68. Size limitations and restrictions.
Except for off-premises advertising signs, permitted in an IN District only (see fi 245-69), and
signs located in an industrial park (see fi 245-71), the following size limitations and restrictions
shall apply:
A. No ground pole or freestanding sign shall be larger than twenty-five (25) square feet in
sign area on a single sign face nor larger than fifty (50) square feet in sign area for both
faces combined nor in excess of ten (l0) feet in any dimension of the sign face.
B. No single face of a projecting sign shall exceed twenty-five (25) square feet in sign area.
C. No projecting sign shall have a vertical dimension greater than six (6) feet.
D. No portion of any projecting sign shall be less than ten (10) feet above grade level.
E. No wall sign shall extend above the top of the wall on which it is located.
F. No wall sign or any part thereof shall project more than eighteen (18) inches from the wall
on which it is mounted. If extemallighting is used, reflectors must be ten (10) feet above
ground level, equipped with mesh guards, and no part may extend more than two (2) feet
from the wall of the building.
G. No wall sign shall extend beyond the left and right extremities of the wall to which it is
attached.
H. The total area of any wall sign may not exceed twenty-five percent (25%) of the area of the
building face to which it is attached up to a maximum of one hundred (100) square feet.
fi 245-69. OfT-premises advertising signs.
An off-premises advertising sign shall be a sign which contains a message unrelated to a
business or profession conducted on the premises where such sign is located or which is
unrelated to a commodity, service or entertainment sold or offered on the premises where such
sign is located.
A. Such signs are permitted only in the IN District.
B. In addition to the provisions of fifi 245-63 and 245-65, such signs are subject to the
following restrictions:
(I) The maximum area for anyone (1) sign shall be seven hundred twenty-five (725)
square feet with a maximum height of twenty-five (25) feet and maximum length of
sixty (60) feet, inclusive of any border and trim but excluding the base or apron,
supports and other structural members.
(2) The area shall be measured by the smallest square, rectangle, triangle, circle or
combination thereof which will encompass the entire sign.
24544
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-ZONING
~ 245-70
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(3) A sign structure may contain one (1) or two (2) signs per facing and may be placed
double-faced, back to back or V-type.
(4) Signs which exceed six hundred (600) square feet in area may not be double-faced
(abutting and facing the same direction).
(5) Along the interstate system and limited access highways on the primary system, no
two (2) sign structures shall be spaced less than five hundred (500) feet apart, and no
such structures may be erected adjacent to or within five hundred (500) feet of any
interchange or safety rest area, measured along the interstate or limited access primary -
from the beginning (lr ending of pavement widening at the exit from or entrance to the
main tmveled way.
(6) ,Along non-limited-access highways on the primary system, no two (2) structures shall
be spaced less than three hundred (300) feet apart.
(7) Official and on-premises signs shall not be counted nor shall measurements be made
from them for pwposes of determining space requirements.
(8) The distance between sign structures shall be measured along the nearest edge (If the
pavement. between points directly opposite the signs along the same side of the
traveled way.
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~ 245-70. Real estate development signs.
In addition to the general provisions of this chapter, the following regulations shall apply to all
real estate development signs:
A. The use of real estate development signs is limited to these developers or owners having
for sale a minimum of six (6) lots in one (1) subdivision.
B. Such signs must be located on the premises which are for sale.
C. Such signs may advertise only the subdivision in which the sign is located and not the sale
of lots elsewhere or the realtor's, developer's or landowner's business in general. The
content of such signs shall be limited to the name of the development, the developer's
name and the telephone number of the developer or hislher sales agents.
D. Such signs shall conform to relevant setback line requirements. If any person shall use
more than one (1) sign for the same development or area, no two (2) signs shall be closer
to each other than one thousand (1,000) feet measured in a straight line between said signs.
E. The maximum sign area of any such single-faced sign shall be twenty-five (25) square feet
and, for any such double-faced sign, fifty (50) square feet. No part of such sign shaH be
more than ten (10) feet above grade or in excess often (10) feet in any dimension.
F. Such signs shall be removed when seventy-five percent (75%) of the lots in the subdivision
have been sold or leased.
G. Artificial ilJnmination of such signs is prohibited.
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UPPER AlLEN-CODE
~ 245-72
~ 245-71. Industrial park signs.
In addition to the general provisions of this chapter, the following regulations shall apply to
signs constructed in an Industrial Park Zoning District:
A. No ground pole sign shall be larger than fifty (50) square feet in sign area on a single sign
face or larger than one hundred (1 (0) square feet in sign area for both faces combined.
B. No single faee of a projecting sign shall exceed fifty (50) square feet in sign area.
C. No wall sign shall extend above the top of the wall on which it is located. No wall sign or
any part thereof shall project more than eighteen (18) inches from the wall on which it is
mounted. No wall sign shall extend beyond the left and right extremities of the wall to
which it is attached.
D. The total area of any wall sign may not exceed twenty-five percent (25%) of the area of the
wall on which it is located.
E, A property owner may erect and maintain one (1) sign (of any type) per lot or parcel when
a building is occupied by up to two (2) tenants or establishments. A property owner may
erect and maintain two (2) signs (of any type) per lot or parcel when the building is
occupied by three (3) or more tenants or establishments. No more than one (1) sign shall be
mounted to the supporting structure of any ground pole sign; a double-faced sign shall
count as a single sign.
~ 245.72. Signs permitted in all districts without permit.
Signs listed in this section are permitted in all zones and shall not require licenses or stickers,
and they shall not be counted when calculating the number of signs on a premises. However,
such signs shall conform with the general regulations for signs enumerated in the remainder of
this Article.
A. Signs displaying the name and address of a resident, but not including any commercial
advertising of not more than two (2) square feet in sign area if single-faced nor more than
four (4) square feet if double-faced.
B. "No trespassing" signs or other such signs regulating the use of a property, such as "no
hunting," "no fishing," etc., of no more than two (2) square feet in sign area in residential
zones and five (5) square feet in all commercial and industrial zones.
C. Real estate signs which advertise the sale, rental or lease of the premises on which said
signs are located. In residential zones, such signs shall not exceed five (5) square feet in
sign area if single-faced nor more than ten (10) square feet if double-faced, and in all
commercial and industrial zones, such signs shall not exceed twenty-five (25) square feet
in sign area if single-faced nor more than fifty (50) square feet if double-faced. Such real
estate signs shall be removed within ten (10) days after the premises advertised has been
sold, rented or leased.
D. Bulletin boards for public, charitable or religious institutions when located on the premises
thereof and with a sign area of no more than twenty-five (25) square feet if single-faced
24546
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~ 245-72
.ZONING
~ 245-73
nor more than fifty (50) square feet if double-faced and if used exclusively for
noncommercial announcements.
~
E. Signs regu1ating on-premises traffic, parking or other functional subdivision such as
lavaroI)' facilities, telephone, signs denoting other sections of a building such as
lubrication, office, etc., when less than five (5) square feet in area and bearing no
commercial advertising.
F. Signs erected by a governmental body or under the direction of such a body and bearing no
commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs -
identifying public schools and playgrounds and the like.
G. Memorial signs or tablets and signs denoting the date of erection of buildings.
H. The flag, pennant or insignia of any government or of any religious, charitable, educational
or frateinaJ nonprofit organization.
1. Tempormy signs, no larger than five (5) square feet in sign area if single-faced nor more
than ten (10) square feet if double-faced, advertising the sale of edible farm products
produded on the premises or advertising auctions and special events or charitable or public
service groups.
J. Permai1ent residential development signs at major entrances designed to identify a
residential subdivision and containing no commercial advertising, with a maximum area of
twenty-five (25) square feet
K. Signs identifying a place of worship when located on the premises thereof.
L. Signs identifying a golf course or country club or other recreational facility when located
on the preinises thereof and containing no commercial advertising.
M. On-preinises signs announcing a home occupation caxried on upon the preinises, which
shall be liIDited to two (2) square feet if single-faced and four (4) square feet if double-
faced and shall have no colIlIIlircial advertising.
N. Temporary nonilluminated signs erected in connection with the development of the
premises by a builder, developer or other person interested in such sales or development,
provided that the sign does not exceed twenty-five (25) square feet in area and shall be
removed as of the date the certificate of use and occupancy is issued.
O. Temporary nonilluminated signs of mechanics, contractors, architects and artisans, which
may be erected or maintained during the period such persons are performing work on the
premises on which such signs are erected, provided that such signs shall. be removed on
completion of work and the total area of lhe sign does not exceed twelve (12) square feet
\.
~ 245-73. Signs prohibited in all districts.
The following signs shall not be permitted, erected or maintained in any district,
notwithstanding anything else contained in this chapter or elsewhere. Signs which are
prohibited shall be removed or brought into conformity with the provisions of this chapter
within ninety (90) days after this chapter is passed. The following are prohibited in all districts:
24547
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UPPER ALLEN CODE
~ 245-75
A. Signs which incorporate in any manner any flashing or moving illumination or with
illumination which varies in intensity or color and signs which have any visible moving
parts, revolving parts or mechanical movement achieved by electrical pulsations or actions
of normal wind current, Hanging signs which simply swing in the wind and clocks and
time temperature signs and barber poles may be exempted, provided that they comply with
all other provisions of this chapter. Light sources which cast light on signs shall be
shielded by opaque material so that the bulbs, floodlights or tubes are not visible off the
property on which the signs are located. -
B. Any sign or sign stracture which constitutes a hazard to public safety or health.
C. Signs which, by reason of size, location, content, coloring or manner of illumination,
obstract the vision of drivers, either when leaving or entering a roadway from another
roadway or driveway, or obstract or detract from the visibility or effectiveness of any
traffic sign or control device on public streets and roads.
D. Signs which make "Use of words such as "stop," "look," "one-way," "danger," "yield" or
any similar words, phrases, symbols, lights or characters in such a manner as to interfere
with, mislead or confuse traffic.
E. Any obsolete sign which no longer advertises a bona fide business conducted or a product
sold. In any case, ninety (90) days shall be allowed for removal of an obsolete sign.
F. Signs on public property or a public right-of-way, unless erected by a governmental body
or required to be so located by order of a governmental body. No sign located on public
property or a public right-of-way shall bear any commercial advertising or announcement.
G. Signs painted on, attached to or supported by a tree, stone, cliff or other natural object,
except temporary signs.
H. String lights, other than temporary' holiday decorations, which are unshielded from off the
property on which they are located.
1 Searchlights, pennants, spinners, banners and streamers, except for occasions such as grand
openings and then only with a temporary sign permit.
~ 245-74. Variances.
A. Variances to this Article shall be granted by the Zoning Hearing Board under the variance
provisions of this chapter.
B. The Zoning Hearing Board shall have the power to hear and rule on appeals from the
decision of the Zoning Officer. Such appeals must be filed with the Zoning Hearing Board
within thirty (30) days of the Zoning Officer's decision.
~ 245-75. Elllforcement by Zoning Officer.
A. Appointment. The Zoning Officer shall enforce the provisions of this Article.
B. Duties of the Zoning Officer.
24548
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. ZONING
~ 245-76
(1) The Zoning Officer shall:
(a) Examine all applications for pemrits for erection of signs.
(b) Issue licenses for new signs and for continued use of signs which conform with
the requirements of this chapter.
(c) Record and file all applications for pemrits with any accompanying plans and
documents.
(d) Make an annual inspection of all signs in the township and make such reports as -
the township may require.
(2) If the Zoning Officer shall find that any sign has been constructed or erected or is
being maintained in violation of the provisions of this chapter, helshe shall promptly
notify the owner or lessor thereof, in writing. If the owner or lessor fails to remove or
alter the sign so as to comply with the provisions of this chapter within thirty (30)
days, the Zoning Officer shall cause such sign to be removed or altered in such way as
to conform with the provisions of this chapter. The cost of such removal or alteration
shall be borne by the owner or lessor of such signs and shall be a lien on the premises.
(3) Notwithstanding any other section of this chapter, nonconforming signs legally
erected prior to the enactment of this chapter shall be pemritted, but such use shall not
be transferable.
~ 245-76. Permits to build new permanent sign or llllter or move existing permanent sign.
A. No permanent sign shall hereafter be erected, structurally altered or moved until the person
proposing to erect, alter or move such sign shall have obtained a permit therefor from the
Sign Inspector. Such permit shall be issued only when the Sign Inspector is satisfied that
such sign will, in every respect, comply with all the applicable provisions of this chapter.
Such permit shall be valid for-one hundred thirty (130) days. The fee for granting such a
permit shall be as per the schedule of officially approved fees.20
B. Any person desiring such a pemrit shall file application therefor on a form which shall
contain or have attached thereto the following information:
(1) The name, address and telephone number of the applicant.
(2) A map showing the location of the building, structure or lot to which the sign is to be
attached or erected and showing the position of the sign in relation to nearby
buildings and thoroughfares; such a map must be to scale.
(3) A plan showing the design of the sign, materials used and method of construction and
means of attachment to the building or the ground; such plans must be to scale.
(4) The name of the person, firm, corporation or association erecting, altering or moving
said sign.
20 Editor's Note: See Ch. A2S0, Fees.
24549
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UPPER AlLEN CODE
~ 245-79
(5) The written consent of the owner of the land on which the sign is to be erected,
altered or relocated.
(6) Any electrical or building permit required and issued for said sign under township
ordinance.
(7) Any other information as the Sign Inspector shall require in order to show full
compliance with this chapter and all other applicable laws of the township.
C. After pennission to erect, alter or move a permanent sign has been obtained and said sign
has been constructed,. painted and emplaced as specified in the permit application, the
owner of the sign shall notify the Sign Inspector, who shall inspect the plan. If the sign is
as specified in the permit application and does not violate any provisions of this chapter or
other applicable ordiminces, a permit shall be issued to the owner.
~ 245-77. Permits for temporary signs.
A. All temporary signs as they are defined in this chapter, except those signs enumerated in
~ 245-70, must have a pennit. Possession of a valid permit for a temporary sign shall
entitle the permittee to display one (1) temporary sign at any given time.
J3. Application for a permit for a temporary sign shall be made on a fonn provided by the Sign
Inspector. A permit for temporary signs must be kept on the premises where signs are
displayed and must be shown to the Sign Inspector at request
C. The size, content and location of a temporary sign may be varied at any time so long as the
variations remain within the overall restrictions of this chapter.
D. Permits for temporary signs are valid for sixty (60) days but may be renewed for one (1)
additional period of thirty (30) days.
~ 245-78. Violations and penalties.
Violations of this Article shall be considered violations of this chapter, and penalties for
violations shall be the same.
~ 2415-79. Fees.
A. Required fees shall be paid at the office of the Sign Inspector on the filing of applications
for sign permits.
B. A schedule of officially approved fees and costs is on file at the office of the Township
Secretary and can be obtained upon request. 21 '
2.1 Editor's Note: See Ch. A250, Fees.
24550
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ZONING
ARTICLE IX
Off-Street Parking and Loading
9 245-81
9 245-80. Off-street parking.
A. Off-street parldng spaceS shall be provided to lessen congestion in the streets of Upper
Allen Township. As used in this chapter, the rem "parldng space" shall be DIeaSllred as a
m;n;mnm of nine (9) feet wide and eighteen (18) feet long and shall be located off the
public right-of-way. Outdoor parldng can be designated as part of the open space of a let
on which it is located.
B. All requin:d parldng facilities shall be provided and maintained so long as the use exists
for which the facilities were designed to serve. Off-street parking shall not be reduced in
total extent after their provision, except" on the approval of the Zoning Hearing Board and
then only after proof that, by =n of diminntion in square footage or change in other
factms controlling the n:gulation of the number of parlcing spaces, such reduction is in
conformity with the ~~......cnts of this Article. Reasonable precantions are to be taken by
the owner or S}oOlISOr or particular uses to assume the availability of requin:d :facilities for
the cmployees or other petSons whom the facilities are designed to serve. They shall at no
time constitute a nuisance, hazard or umeasonable iInpM;mPnt to traffic.
C. A scaled dIawing of proposed off-street parldng areas, loading areas; walks, driveways and
access drives shall be mbmitted ~ part of the required plot, plan or application for nse
inm",.m,g access .onto a state highway and shall be approved by the Pennsylvania
Depanmcnt of Transportation in addition to township approval. .
9 245-8L Driveways lIJId access drives. .
A. All driveways or access drives shall be located, designed, constructed and m.;n"';l'ed in
mch a manner as not to interfere with or be inconsistent with the design, m.;n_.nce or
drainage of the highway or Street. A driveway or access drive shall be petmitted at
locations in which:
(1) Sight distance is adequate to safely allow movement to be made into or out of the
driveway or access drive.
(2) The free movement ofhighway or street traffic is not impaired.
(3) A safety hazard is not created.
(4) Use of the driveway or access drive will not cn:ate an area of traffic congestion on the
street or highway.
B. A driveway or access drive shall also be mbject to the following restrictions:
(1) The driveway or access drive shall notbe located at an interchange or =p area or a
location that would intelfere with the pl~"",,",,"t, functioning or m.;nt,,".nce of a
highway or street sign, detector or lighting or other device that affects traffic controL
(2) Where the driveway or access drive is located near a signalized intezsection, the
Board of Commissionezs may require that the applicant or petSOn desirlng to nse the
24551
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(5)
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UPPER ALLEN CODE
(3 )
driveway or access drive provide new or relocated detectors, signal heads ~.
controls and other devices for the control of traffic movements from the" .
driveway or acces,s drive." ",' "
Where the property abuts two (2) or more streets or highways, ingress and
egress may be restricted to only that highway or street which can more safely
accommodate its traffic.
(4 )
The Board of Commissioners may require the applicant to locate a driveway,.clr
access drive directly across from a highway, street, driveway or access drive
on the opposite side of the highway or street if it is determined that the
offset driveway or access drive will not permit left turns to be made safely
or that access the driveway or access drive from one access to the other will
create a safety hazard.
The Board of Commissioners ~ay restrict left turn movements from the property.
The number of driveways or access drives shall not exceed two (2) per lot on
anyone (1) highway or street frontage.
Access drives shall be paved and shall not exceed thirty-five (35) feet in
width within twelve (12) feet of the street right-of-way, except as increased
by the street radii. '
A driveway or access drive shall not cross the street right-of-way line within
forty (40) feet of the street right-of-way line of an intersecting street, and
in no case less than ten (10) feet from the point of tangency where the ,.
intersecting street lines are joined by a curb. Notwithstanding the aforesaid
and when deemed reasonable necessary for safety by the township engineer!
township zoning officer, this dimension shall be increased for driveways or
access drives to shopping centers and other commercial, industrial, public or
'institutional uses.
(7)
(8)
(2) Churches: one (1) off-street parking spaces for each five (5) seats
provided for patron use or at least one (1) space of each two hundred
fifty (25D).patrons where seating is not provided.
(3) Schools: one (1) off-street parking space for each teacher, staff member
and service members, plus one (1) space for every five (5) seats in the
gymnasium or auditorium (whichever has greatest capacity), plus spaces
for visitors convenient to administrat'iQn' o.ffices. '.' .
24552
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- ZONING
fi 245-82
(4) CultlJral facilities: one (1) off-street parldng space per five (5) seats or one (1) space
per two hundred fifty (250) square feet of gross :lIoor area where no seats are
provided.
(5) Municipal building: as required by the governing body.
(6) Ind~triaIlwholesale buildings: one (1) off-street parldng space for each eight hundred
(8oo)square feet of gross building area.
(7) Recreational facilities and golf courses: one (1) off-street parking space for each five-
(5) persons of total capacity.
(8) Private club or lodge (not operated as a private gainful business): one (1) off-street
parking space for every five (5) members of total capacity, plus one (1) additional
space for each full-time employee.
(9) Licensed hospital: one (1) off-street parking space for every three (3) patients, plus at
least one (1) additional space for each staff and visiting doctor.
(10) NUrsing home: one (1) off-street parking space for every three (3) patients or inmate
beds, plus at least one (1) additional space for each staff and visiting doctor.
(11) Retirement facility: same as nursing home with respect to sheltered care units and
nursing care units, plus one (1) off-street parldng space for each independent living
unit.
(12) College or boarding school: same as schools, plus one (1) parking space for every ten
(10) residential students, plus two (2) off-street parking spaces for each individnal
dwelling unit for a resident staff member or other employee.
(13) Business, professional or governmental offices: one (1) off-street parldng space for
each two hundred' fifty (250) feet of gross building area, with a minimum of five (5)
spaces.
(14) Banks, retail, personal and repair services and retail store: one (1) off-street parking
space for each two hundred fifty (250) feet of gross building area.
(15) Restaurant: one (1) off-street parldng space for each two hundred fifty (250) square
feet of gross building area, plus one (1) additional space for each full-time employee.
(16) Public entertainment facility: one (1) off-street parldng space for each five (5) seats
provided for patron use or one (1) space per two hundred fifty (250) sqUate feet of
gross building area where no seats are provided, plus one (1) additional space for each
full-time employee.
(17) Motellhotel: one (1) off-street parking space for each rental room or suite, plus one
(1) additional space for each full-time employee.
(18) Automotive service: one (1) off-street parldng space for every three hundred (300)
square feet of gross :lIoor area or two (2) spaces for each service bay, whichever is
larger,plus one (1) space for each full-time employee. Said off-street parking spaces
are not to be part of nor interfere with service accessways.
24553
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UPPER ALLEN CODE
~ 245-85
(19) Automotive sales or rental: one (1) off-streetparldng space for each one hundred
(100) square feet of gross floor area, plus one (1) additional space for each full-time
employee.
(20) Fire station: four (4) off-street parldng spaces for each fire truck where no community
room is a part of the building; where a commimity room is provided, two (2) spaces
for ~ch fire truck, plus one (1) space for each two hundred fifty (250) square feet of
gross floor area.
(21) Utility station: one (1) off-street parking space for each vehicle normally required to
service such facility.
(22) Home occupation: two (2) off-street parking spaces in addition to spaces otherwise
required or one (1) space for each one hundred (100) square feet of floor space
devoted to the home occupation, whichever is greater.
(23) Drive-in stand: a sufficient number of off-street parking spaces to accommodate the
maximum number of vehicles stopping at anyone (1) time but in no case fewer than
three (3) such spaces.
(24) Warehouse building: one (1) off-street parking space for each five thousand (5,000)
square feet of gross building area, plus required spaces for office or sales.
B. 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.
-
~ 245-83. Change in requirements. ,
Whenever there is an alteration of a structure or a change or extension of a use which increases
the parking requirements according to the standards of ~.. 245-82, the total additional parking
required for the alteration, change or extension shall be provided in accordance with the
requirements of that section.
~ 245-84. Conflict with other uses.
No parking area shall be used for any use that inteIferes with its availability for the parking
need it is required to serve.
~ 245-85. Continued maintenance of parking facilities.
A. All required parking facilities shall be provided and ,maintained so long as the use exists
which the facilities were designed to serve. Off-street parking facilities shall not be
reduced in total extent after their provision, except on the approval of the Zoning Hearing
Board and then only after proof that, by reason of diminution in floor area, seating area, 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 are to be taken by the owner or sponsor of particular uses to assure
24554
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ZONING
the availability of required facilities for the employees or other persons whom the
facilities are designed to serve. They shall at no time constitute a nuisance
hazard or unreasonabl e impediment to traffic. ... ...'
B. For parking areas of three (3) or more vehicles, the area not landscaped and so
maintained, including driveways, shall be graded, surfaced with asphalt or other
suitable material and drained to the satisfaction of the Zoning Officer to the
extent necessary to prevent dust, erosion or excessive water flow across streets or
adjoining property. All off-street parking spaces shall be marked so as to indicate
thei r location. _
:
s245-86. Use of Common Parking Lots.
Two (2) or more. uses may provide for required parking iri a common parking lot if the
total space provided is not less than the sum of the spaces required for each use
individually. However, the number of spaces required in a common parking facility may be
reduced below this total only as a special exception under Article XIII if it can be
demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed
for the uses are so different that a lower level will provide adequately for all uses
served by the facility.
s245-87. Fractional Parking Spaces.
Where the computation of.required parking spaces results in a fractional number, any
fraction of the next highest number shall be counted as one (1).
. .
s245-88. Location of Parking Spaces.
Required off-street parking spaces for non-residential uses shall be on the same lot or
premises with the use served. Off street parking spaces shall not encroach into any
front yard setback and shall not encroach into any side or rear yard setback area by more
than half of the setback dimension. All parking in such setback area shall be limited to
the interior half of the setback~
s245-89. Design Standards.
Design standards shall be considered minimum requirements for the purpose of this chapter
as specified by the Township Engineer.
s245-90. Required Off-Street Loading Berths.
.Off;street loading berths shall be provided on any lot on which a building exceeding six
thousand (6,000) square feet of gross floor area for industry is hereafter erected.
Office buildings shall only be required to provide off-street parking spaces [measuring
twelve by eighteen (12 x 18) feet] as provided for in this section.
Gross F1 oor Area
(square feet)
Berths Required
6,000 to 20,000
1
24555
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s245-90
UPPER ALLEN CODE
,]
2
r
I
,~
, 1
Gross Floor Area
(square feet)
20,000 to 80,000
Berths Required
80,000 and over
2, plus 1 additional in
each additional 60,000
square feet
!l
-
s245-91. Off-Street Loading Facility Specifications.
Off-street loading facilities shall be designed to conform to the following
specifications:
,
A. Each required space shall be not less than twelve (12) feet in width, thirty (30)
feet in length and fourteen (14) feet in ,height, exclusive of drives and maneuver-
ing space, and located entirely on the lot being served.
B. There shall be appropriate means of access to a street or alley as well as
, adequate maneuveri ng space.
C. The maximum width of driveways and sidewalk openings measured at the street lot
line shall be thirty-five (35) feet; the minimum width shall be twenty (20) feet.
D. All accessory driveways and entranceways shall be graded, surfaced and drained to
the satisfaction of the Township Engineer to the extend necessary to prevent
nuisances of dust, erosion or excessive water flow across public ways.
s245-92. Special Exceptions for ,Off-Street Parking.
T~e Zoning Hearing Board may grant a special exception reducing the off-street parking
requirements of s245-82 where the applicant can show conclusively that, by reason of the
particular nature of the proposed use, the number of spaces required by s245-82 is
clearly excessive. All such special exception, if granted, shall be subject to the
following conditions and such other conditions as the Zoning Hearing Board may deem
necessary:
A. The special exception shall apply only to the proposed use for which it is granted
and shall automatically terminate upon a change in use.
B. If, at any time subsequent to the grant of the special exception, it is determined
that the number of spaces is not adequate in fact, the applicant or his/her
successor in interesi shall be required to provide additional spaces up to the
maximum required in 245-82.
C. The applicant shall reserve sufficient land to provide the additional parking
spaces if they become necessary and shall designate such land on his/her plan as
"reserved for future parking". Such land shall be kept free of structures or other
improvements that would prevent it from being used for parking.
24556 '
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~ 245-94
-ZONING
~ 245-96
ARTICLE X
Nonconformities
~ 245-94. Continuation of preexisting nonconforming lots and structures.
A. Any lawfully created lot existing on the effective date of this chapter may be continued
although such lot does not conform to the lot requirements for the district in which it is
located.
B. A structure that does not conform with the setback, yard, building height or other-
dimensional requirements of the district in which it is located may be continued.
~ 245-95. Restoration.
A. A nonconforming building remaining under present ownership, wholly or partially
destroyed by fire, explosion, flood or other phenomenon or legally condemned, may be
reconstructed, provided that reconstruction of the building shall be commenced within one
(1) year from the date the building was destroyed or condemned and shall be carried on
without interruption.
B. Any lawful use of a property existing at the effective date of this chapter may be continued
although such use does not conform to the provisions of this chapter.
C. A use that does not conform to the use regulations of the district in which it is located may
be continued, provided that:
(1) Any continuation shall take place only on the lot or contiguous lots held in the same
ownership as that existing at the time the uses became nonconforming.
(2) Any continuation shall conform with the area, building height, parking, sign and other
requirements of the district in which said continuation is located, as contained in
Articles V and IX. .
(3) Any increase in volume or area of the original nonconforming structure shall not
exceed thirty-five percent (35%). For nonconforming uses for which normal
operations involve natural expansion (quarries, landfills, cemeteries, etc.), expansion
shall be permitted by right up to fifty percent (50%) of the volume or area of the
nonconformity.
~ 245-96. Abandonment.
If a nonconforming use of a building or land ceases and is abandoned for a continuous period
of one (1) year or more, subsequent use of such building or land shall be in conformity with the
provisions of this chapter. For the purpose of this chapter, abandonment shall commence when
reasonable efforts to reestablish (such as lease, rental, sale, etc.) a nonconforming use have
ceased.
24557
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~
~ 245-97
UPPER ALLEN CODE
~ 245-98
~ 245-97. Changes in use.
Once changed to a conforming use, no structure or land shall be permitted to revert to a
nonconforming use. A nonconforming use may be changed to another nonconforming use only
under the following conditions:
A. Such change shall be permitted only as a special exception under the provisions of Article
xm.
...
B. The applicant shall show that a nonconforming use camiot reasonably be changed to a
permitted use.
C. The applicant shall show that the proposed change will be less objectionable in external
effects than the existing nonconforming use with respect to:
(1) Traffic generation and congestion, including truck, passenger car and pedestrian
traffic.
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(3) Storage and waste disposal.
(4) Appearance.
ARTICLE XI
Planned Residential Development
~ 245-98. Purposes.
The pUIposes of this Article are to:
A. Ensure that the provisions of this chapter which are concerned with the uniform treatment
of dwelling type, bulk, density and open space within each zoning district shall not be
applied to the improvement of land or other than lot-by-lot development in a manner which
would distort the objectives of this chapter.
B. Encourage innovations in residential development and renewal so that the growing demand
for housing may be met by greater variety in type, design and layout of dwelling and by
the conservation and more efficient use of open space ancillary to said dwellings.
C. Provide greater opportunities for better housing and recreation for all who are or will be
residents of the PRO District andlor the township.
D. Encourage a more efficient use of land and public services and reflect changes in the
technology of land development so that the economies so secured may inure to the benefit
of those who need homes.
E. To encourage more flexible land development which will respect and conserve natural
resources such as streams, lakes, floodplains, groundwater, wooded areas, steeply sloped
areas and areas of unusual beauty or importance to the natural ecosystem.
F. In aid of these purposes, provide a procedure which can relate the type, design and layout
of residential development to the particular site and the particular demand for housing
24558
.
, ~
. -~
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.
~IIIiW:O:'
~ 245-98
. ZONING
~ 245-99
existing at the time of development in a manner consistent with the preservation of the
property v8Iues within existing residential areas and assure that the increased flexibility of
regulations over land development established hereby is carried out pUISUll1lt to sound,
expeditious and fair Rtlmini<ttative standards and procedures.
~ 245-99. Definitions.
As used in this Article, the following words and phrases shall have the meanings indicated:
-
APPUCANT - A landowner or developer, as hereinafter defined, who has filed an
application for development, including hislher heirs, successors and assigns.
AVERAGE GROSS RESIDENTIAL DENSITY - The number of dwelling units per acre
in a planned residential community computed by dividing the number of dwelling units
which the applicant proposes to construct by the number of acres in the development
which ate not planned to be devoted to commercial use. If the developer is required to
dedicate land for sites for schools or other public facilities, such land shall be included in
the total land area used in computing maximum permissible average gross density. If
he/she is required to set aside land for such pmposes, it shall not be included in the
computation of average gross density. If such land is not acquired by the appropriate body
by the date of the sale or rental of fifty-one percent (51 %) of the dwelling units in the
planned residential development, then, at the option of the developer, the land may be used
for residential puxposes, subject to the provisions of this Article.
COMMON OPEN SPACE - A parcel or parcels of land or an area of water or a
combination of land and water within a planned residential development and designed and
intended for the use or enjoyment of residents of the planned residential development, not
including streets, off-stI:eet parking areas and areas set aside for public facilities. "Common
open space" shall be substantially free of structures but may contain such improvements as
are in the development plan as finally approved and appropriate for recreational use by the
residents.
COMPREHENSIVE PLAN - The current Comprehensive Plan for Upper Allen
Township.
DEVELOPER - Any landowner, agent of such landowner or tenant having permission
from a landowner. who makes or causes to be made an application for approval of a
development plan.
DEVELOPMENT PLAN - A proposal for the development of a planned residential
development, prepared in accordance with this chapter, including a pIat of subdivision,
location of various uses, all covenants relating to use, location and bulk of building and
other structures, intensity of use or density of development, streets, ways and parking
facilities, common open space and public facilities. The phrase "provisions of the
development plan," when used in this Article, shall mean both the vexbal and graphic
materials refened to in this section.
LANDOWNER - ThelegaI or beneficial owner or owners of land, the holder of an option
or contract to purchase (whether or not such option or contract is subject to any condition),
24559
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.
"
~ 245-99
UPPER ALLEN CODE
~ 245-101
a lessee having a remaining term of not less than forty (40) years or any other person
having pI'Qprietary interest in the land.
: PLANNED RESIDENTIAL DEVELOPMENT - A crontiguous area of land, controlled
I,by a landowner, to be developed as a single entity for a number of dwelling units, the
"development plan for which does not correspond in lot size, bulk or type of dwelling,
! density, lot coverage and required open space to the regulations established in anyone (1)
". residential district created from time to time under the pI'Qvisions of a municipal zoning
ordinance.
PLAT - A map or plan of a land development, whether preliminaIy or final.
. SECTION - A geographical area or tract that is paIt of a proposed planned residential
"development which will be developed according to a timetable for development over a
period of years included by the applicant in the development plan.
STAGE - A section or sections on which an applicant pI'Qposes to commence a
"development at the same time as part of a timetable for development of a planned
residential development over a period of years.
TOWNSHlP - Upper Allen Township, Cumberland County, Pennsylvania.
~ 245-100. Eligibility.
No application for tentative approval of a planned residential development shall be considered
or approved unless the following conditions are met:
A.The planned residential development consists of contiguous areas of at least fifty (50)
acres, all of which are absolutely controlled by the applicant, and if the number of
proposed dwelling units exceeds five hundred (500), it shall abut and have direct access
onto an arterial street to be within one thousand (1,000) feet of an access to a freeway or an
interstate highway.
B. The development will be served by public water supply and public sewage disposal
systems which shall be constructed at the time construction of the structures in the planned
residential development begins.
C. The proposed development is found to be generally consistent with the Comprehensive
Plan for Upper Allen Township and particularly the objectives for future land use therein
set forth and with the planned design of the township as expressed in the current Township
Zoning Map.22
~ 245-101. Permitted uses.
A planned residential development may include residential uses, with dwelling units in single-
family toWllhouse or apartment dwellings, and, to the extent they are designed and intended
primarily to serve the residents of the planned residential development, recreational,
commercial and institutional uses.
22 Editor's Note: Said ZoDiDg Map is on liIe in the olIice oftbe 'I0WDSbip Secretary.
24560
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fi 245-102
. ZONING
fi 245-104
fi 245-102. Density restrictions.
A. The maximum allowable average gross residential dimsity for planned residential
developments shall not exceed twelve (12) dwelling units per acre.
B. No more commercial development shall be allowed than expert market analysis shows to
the satisfaction of the official review agency will be needed to serve the resident population
of the planned residential development
C. No less than twenty percent (20%) of the total area of the planned residential development_
shall be designated as and devoted to common open space.
fi 245-103. Land in two or more municipalities.
A. If the planned residential development involves land in two (2) or more municipalities,
each of such municipalities shall have in effect a planned residential development
ordinance at the ti.m!: the application for tentative approval is filed with the township or
such application will not be accepted.
B. If the portion of the planned residential development in this township involves land of less
than fifteen (15) acres, the uses and densities proposed for such portion shall be no less
restrictive than the zoning regulations otherwise applicable to such land.
e. If the portion of the planned residential development in this township involves land of
fifteen (15) or more acres, such portion shall comply with all of the provisions of this
Article XI.
D. If the majority of the proposed dwelling units for the entire planned residential
development are to be located outside of this township, the public hearing and decision
required in fi 245-108 'shall not be held or made until the applicant presents proof of
approval of the tentative plan by the municipalities in which the majority of the proposed
dwelling units are to be located anti files with this township a true and correct copy of such
approved tentative plans. The applicant shall be required, at the time of filing hislher initial
application with this township and as a condition of the acceptance thereof, to execute a
waiver of the statutory time limit so as to authorize such deferral of the public hearing and
decision as may be required by the foregoing provisions.
E. If the majority of the proposed dwelling units for the entire planned residential
development are to be located in this township, any approval of the tentative plan by this
township shall be conditioned on the approval of the same tentative plan by the other
municipalities involved. If the tentative plan is revised in any fashion after approval by this
township, the. applicant shall not be entitled to proceed with the development plan until a
revised application for tentative approval is filed and approved by this township.
F. No structures shall be located so that a municipal boundary line runs through them.
fi 245-104. Design, bulk and location standards.
A. Site design.
24561
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~ 24~-104
UPPER ALLEN CODt
~ 245-104
(1) All housing shall be designed with regard to the topography and natural featUres of
the site. The effects of prevailing winds, s~ona1 telllperatures and hours of sunlight
on the physical layout and form of the proposed building shall be taken into account.
(2) All housing shall be sited so as to enhance privacy and to ensure natural light for all
principal rooms.
(3) Variations in setbacks shall be provided where necessary to create a more pleasing
layout.
(4) Housing and other facilities near the periphery of the planned residential development
shall be designed so as to be harmonious with neighboring areas. Special care shall be
given to protect adjacent land which is in an RR District and an A District and an
Historic District designated in an Historic District Ordinance of the township23 or on
which is located an historic property included withil;1 an official listing of the township
and eXisting residential areas.
(5) No structures or building shall be within twenty (20) feet of the right-of-way of access
roads or parking areas.
(6) No structure or building shall be less than fifty (50) feet from the property lines of the
development, and a planting strip of at least ,twenty (20) feet shall be provided along
all property lines at the periphery of the development where necessary to protect the
privacy of neighboring residents.
(7) A variety of housing types can be employed, except at least forty percent (40%) of the
total number of dwelling units shall be single-family dwellings.
(8) No building shall exceed a height of thirty-five (35) feet.
R Tree conservation and erosion control.
(1) Existing trees shall be preserved wherever possible. The protection of trees of four-
inch caliper or over shall be a factor in determining the location of open space,
building underground services, walks, paved areas, playgrounds, parking areas and
finished grade levels.
(2) The development shall be designed and programmed so as to minimi7e earthmoving,
erosion, tree clearance and the destruction of natural amenities.
(3) Seeding, sodding and other planting shall be applied to stabilize topsoil on steep
slopes.
(4) Erosion control measures, such as minimizing the area of exposed soil mulching,
building silt catchment basins and planting temporary ground cover, shall be
instituted as necessary.
C. Streets.
(1) The street system shall be designed so as to relate harmoniously with land uses and
adjacent streets and minimi7.e through traffic in residential areas.
:23 Editor's Note: See Ch. 155, BistoTk Districts.
24562
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~ 245-104
ZONING
~ 245-104
(2) All streets shall have a minim'lm right-of-way in compliance with Chapter 220,
Subdivision and Land Development
(3) Culs-de-sac must have a paved turning circle of sufficient width to facilitate snow
removalll1id to permit easy access for fire-fighting equipment and delivery trucks. The
minimum radius shall be forty (40) feet to the outside curb, and the maximum length
shall be six hundred (600) feet.
(4) Collector streets shall have walkways five (5) feet wide. All other streets shall have
walkways as deemed necessary by the official review agency.
-
D. Parking.
(1) There shall be two (2) off-street parking spaces measuring at least nine by eighteen
(9 x 18) feet for each dwelling unit, with aisles at least twenty (20) feet wide.
(2) There shall be one (1) off-street parking space at least nine by eighteen (9 x 18) feet
for each one hundred (100) square feet of commercial space.
(3) Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(4) Parking areas shall be screened for adjacent structures, access roads and traffic arteries
by hedges, dense planting, earth benns, changes in grade or walls. All parking areas
shall be a min;mnm of twenty (20) feet from all structures, access roads and traffic
arterials.
(5) No more than fifteen (15) parking spaces shall be permitted in a continuous row
without being intemlpted by approved landscaping.
(6) No more than sixty (60) parking spaces shall be accommodated in any single parking
area.
(7) All streets shall be surfaced and any off-street loading area shall be surfaced with an
asphaltic or portland cement pavement.
E. Lighting. All off-street parking shall be adequately lighted. All such lighting shall be
arranged so as to direct light away from adjoining residences.
F. Storm drainage, sanitary sewer and water facilities.
(1) Storm drainage. The storm drainage system for a planned residential development
shall be designed tomin;,m7e erosion and flooding, using desirable catchment basins,
silt traps and design of cartways so as to m;nimi7-C runoff. Proper dispqsal of
storm water from a planned residential development may require the constrUction of
off-site drainage facilities. If so, the applicant shall be required to contribute toward
the constructing of such facilities and should consider such contributions in hislher
planning.
(2) Sanitary sewers. The sanitary sewer system for a planned residential development
shall be designed and constructed according to the requirements of the township and
the Township Authority. If sanitary sewer facilities, including interceptors and
treatment plant facilities, outside the planned residential development are required to
be constructed or enlarged in order to serve the planned residential development, the
24563
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~ 245-104
UPPER AllEN -CODE
P45-I05
applicant shall be required to contribute toward the cost of constrUcting or enlarging
such facilities and should consider such contribution in hislher planning.
(3) Water. The water supply system for a planned residential development shall be
designed and constructed to provide adequate water supply and water pressure for
domestic use and fire-fighting purposes as determined by the Township Engineer. Fire
hydrants shall be located within six hundred (600) feet of all structures.
G. Landscaping. A comprehensive landscape design plan shall be included as part of the_
overall plan.
H. Street signs and streetlighting.
(1) All streets and areas of high pedestrian use shall be adequately lighted.
(2) The character, size and shape of all outdoor signs shall be in conformity with the
provisions of Article VITI of this chapter.
I. Supplemental nonresidential facilities.
(1) Shopping areas and recreational facilities within a planned residential development
shall be located so as not to interfere with nearby residential areas.
(2) Refuse stations shall be designed with suitable screening and located where
convenient for trash removal and not offensive to nearby residential areas.
(3) Adequate lighting shall be provided for outdoor areas used after dark. Appropriate
lighting fixtures must be provided for walkways to identify steps, ramps and signs.
Lighting shall be designed and located so as not to shine directly into nearby
residences.
J. Utilities. All utilities shall be underground.
~ 245-105. Development in stages.
A developer may construct a planned residential development in stages if the following criteria
are met:
A. The application for tentative approval covers the entire planned residential development
and shows the location and approximate time of construction for each stage in addition to
other information required by this chapter.
B. At least fifteen percent (15%) of the dwelling units in the plan given tentative approval are
included in the first stage.
C. The majority of the dwelling units in the first stage are of a type permitted as a right by the
zoning provisions otherwise applicable to the site.
D. No commercial development shall be permitted in the first stage or until at least thirty-three
percent (33%) of the dwelling units in the entire planned residential development are
rented or sold.
E. The second and subsequent stages are completed consistent with the tentatively approved
plan and are of such size and location that they constitute economically sound units of
24564
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I
f-
~ 245-105
-ZONING
~ 245-106
!:.-
development. In no event shall such stages contain less than fifteen percent (15%) of the
dwelling units receiving tentative approval.
F. Gross residential density may be varied from stage to stage; provided, however, that final
approval shall not be given to any stage if the gross residential density of the area which
includes stages already finally approved and the stage for which final approval is being
sought exceeds by more than ten percent (10%) the gross residential density allowed for
the entire planned residential development in the tentatively approved plan. Where it is
necessary to allocate open space to early stages to avoid exceeding maximum gross...
residential densities, the developer may be required to grant an open space easement or
covenant to the township specifying the amount and, if necessary, the location of open
space.
G. With respect to planned residential developments, the Board of Commissioners may
impose such additional staging requirements or restrictions as it may deem necessary to
assure the completion of the entire planned residential development and to prevent the
undue concentration of high-density dwelling units in the early stages.
.l.
~ 245-106. Standards for location and management of open space.
A. The open space shall be located so as to be consistent with the objectives and purposes of a
planned residential development and shall adhere to the following requirements:
(1) Land suitable for active recreational pllIposes in at least the amount set forth in the
Standards for Recreation Space24 adopted by the Board of Commissioners shall be
included in the open space.
(2) At least two-thirds ('/3) of the required open space shall be designed as one (1) or
more bulk areas, of not less than four (4) acres each, providing a sense of
spaciousness.
,-
.
(3) Land included with the fifty-foot buffer strip required in ~ 245-104A may be counted
as part of the required open space after the requirements in Subsection A(l) and (2)
are fully satisfied, but such land shall in no event be counted to and extend greater
than one-third (lfa)of the required open space.
(4) Land which is subject to utility or drainage easements or other restrictions which
inhabit the full use of the land shall not be counted as part of the required open space.u
B. There shall be provisions which ensure that the open space land shall continue as such and
be properly maintained. The developer sball either:
(1) Dedicate such land to public use if the township or another public agency bas
indicated it will accept such dedication;
(2) Retain ownership and responsibility for maintenance of such open space land; or
(3) Provide for and establish one (1) or more organiZations for the ownership and
maintenance of all common open space. In the case of this subsection, each
24 Editor's Note: Said StaDdards for Recreation Space is 00 file in the otlice of the TOWDSbip Secretary.
24565
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~ 245-106
UPPER ALLEN CODE
~ 245-106
organization shall be a nonprofit homeowners' cOIpOration, unless the developer
demonstrates that a community open space tnist is a more appropriate fOIm of
organization.
C. If a homeowners' association or open space trUSt is formed, it shall be governed according
to the fon~wing regulations:
(1) The orgapization shall be organized by the developer and shall be operated with
financ;ial subsidization by the developer, if nec~sary, before the sale of any lots
within the development.
(2) Membership in the organization is mandatory for:all purchases of homes therein and
their successors.
(3) The organization shall be responsible for maintenance of insurance and taxes on
common open space.
(4) The members of the organization shall share equitably the costs of maintaining and
developing common open space in accordance with procedures established by them.
(5) The organization shall have or hire adequate staff to administer common facilities and
to maintain the common open space.
(6) Maintenance of common open space.
(a) In the event that the organization established to own and maintain a common
open space or any successor organization shall, at any time after establishment of
the planned residential development, fail to maintain the common open space in
reasonable order and condition in accordance with the development plan, the
township may serve written notice on such organization or on the residents and
owners of the planned residential development setting forth the manner in which
the organization has failed to maintain the common open space in reasonable
condition; and said notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof and shall state" the date and
place of a hearing thereon which shall be held within fourteen (14) days of the
notice. At such hearing, the township may modify the terms of the original notice
as to the deficiencies and may give an extension of time within which they shall
be cured. If the deficiencies set forth in the original notice or the modifications
" thereof shall not be cured within said thirty (30) days or any extension thereof,
the township, in order to preserve the taxable values of the properties within the
planned residential development and to prevent the common open space from
becoming a public nuisance, may enter upon said common open space and
maintain the same for a period of one (1) year. Said entry and maintenance shall
not vest in the public any rights to use the common open space except when the
same is voluntarily dedicated to the public by the residents and owners. Before
the expiration of said year, the township shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance of the
common open space, call a public hearing upon notice to such organization or to
the residents and owners of the planned residential development to be held by the
township, at which hearing such organization or the residents and owners of the
planned residential development shall show cause why such maintenance by the
24566
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...; - '="<~o- _ -',~ --
Ei~
~ 245-106
-ZONING
~ 245-106
township shall not, at the election of the township, continue for a succeeding
year. If the township shall determine that such orgllllization is ready and able to
maintain said common open space in reasonable condition, the township shall
cease to maintain said common open space at the end of said year. If the
township shall determine such organization is not ready and able to maintain said
common open space in a reasonable condition, the township may, at its
discretion, continue to maintain said common open space during the .next
succeeding year and, subject to a similar hearing and determination, in each year
thereafter. The decision of the township in any such case shall constitute a final -
administrative decision subject to judicial review.
(b) The cost of such maintenance by the township shall be assessed ratably against
the properties within the planned residential development that have a right of
enjoyment of the common open space and shall become a tax lien on said
properties. Said assessments or charges shall be subordinate in lien to the lien of
any mortgage or mortgages on the property which is subject to such assessments
or charges, regardless of when said mortgage or mortgages were created or when
such assessments or charges accrued, provided that such subordination shall
apply only to assessments or charges that have become payable prior to the
passing of title under foreclosure of such mortgage or mortgages, and the
transferee shall not be liable for payment of any assessments or charges
occurring prior to said foreclosure; but nothing herein shall be held to affect the
rights herein given to enforce the collection of such assessments or charges
accruing after sale under foreclosure of such mortgage or mortgages and
provided further that such charges accruing after sale shall also be subordinate in
lien to the lien of any further mortgage or mortgages which are placed on
property subject to such assessments or charges, with the intent that no such
charges shall, be at any time prior in lien of any mortgage or mortgages
whatsoever on such property. The township, at the time of entering on said
common open space for the purpose of maintenance, shall file a notice of such
lien in the office of the Prothonotary of the county on the properties affected by
such lien within the planned residential development.
(7) Development plan.
(a) In accordance with Section 706 of Act 247,25 the provisions of the development
plan relating to the use, bulk and location of buildings and structures, the
quantity and location of common open space and the intensity of use or the
density of residential units shall run in favor of the municipality and shall be
enforceable in law or in equity by the municipality, without limitation on any
powers of regulation otherwise granted the municipality by law.
(b) The development plan shall specify those of its provisions which shall run in
favor of and be enforceable by residents ofthepJanned residential development
and, in addition, the manner in which such residents may modify or release such
rights.
25 Editor's Note: See 53 P .s.1I10706.
24567
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.
.-..-,
~ 245-107
UPPER ALLEN CODE
~ 245-107
~ 245-107. Application for tentative approval.
A. The application for tentative approval shall be executed by or on behalf of the landowner
and filed with the Township Secretary. An initial deposit in an amount set by the township
shall be paid upon filing of the application to be applied against such expenses; and
additional deposits shall be made from time to time as requested by the township to be
applied against the expenses of processing the application, not to exceed actual expenses
incurred by the township.
B. The application for tentative approval shall include documentation illustrating compliance
with all of the standards for planned residential development in this section, and where
necessary, the official review agency shall order such documentation to aid in its review.
C. Required documentation shall include, but not be limited to, documents illustrating the
following:
(1) The location and size of the area involved and adjoining areas and the nature of the
landowner's interest in the planned residential development.
(2) The proposed use areas and the net residential and commercial density of each
proposed land use.
(3) The location, function, size, ownership and manner of maintenance of the common
open space.
(4) The use and the approximate height, bulk and location of buildings and other
structures.
(5) Information showing the feasibility of proposals for sanitary sewerage and stoIDlwater
disposition.
(6) Utility systems.
(7) The substance of covenants, grant or easements or other restrictions to be imposed on
the use of land, buildings and structures, including proposed grants and/or easements
for public utilities.
(8) The provision of parking of vehicles and location, rights-of-way and cartway widths
of proposed streets and public ways.
(9) In the case of plans which call for development in stages, a schedule showing the time
within which applications for final approval of all parts of the planned residential
developments are intended to be filed and which shall be updated annually on the
anniversary of submission for final approval.
D. The application shall, insofar as possible, indicate compliance with the provisions set forth
herein governing the requirements for final approval.
E. Application for tentative approval shall include, but not be limited to, the following
documents.
(1) Plans at one (1) inch equals two hundred (200) feet of existing natural features of the
land, including topography, vegetation, drainage and soils.
24568
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~ 245-107
- ZONING
~ 245-107
(2) A site plan showing the approximate locations of buildings, roads and parking areas at
one (l) inch equals one hundred (100) feet
(3) A plan at one (1) inch equals one hundred (100) feet delineating common open space
and indicating size, nature of facilities, structure (if any) and uses.
(4) A plan of one (1) inch equals Qne hundred (100) feet delineating approximate
locations, street types, rights-of-way and cartway widths.
(5) A site plan illustrating phasing, including a time schedule for all on-site and off-site_
iinprovements to be dedicated for public use, which may be modified from time to
time by the Board of Commissioners.
(6) A plan illustrating on-site and/or off-site connections to public utilities, streets and
. rights-of-way and showing relevant portions thereof, accompanied by documentation
as to the impact of the proposed development on said public utilities, streets and
rights-of-way.
(7) A plan showing .the nature and approximate location of all structures or facilities on
adjacent land and within five hundred (500) feet of the boundaries of the proposed
planned residential development and illustrating the relation of the proposed planned
residential development to the immediate neighborhood and to the township as a
whole.
(8) Plans indicating the preliminary architectural design of buildings or structures .
proposed to be erected in the planned residential development
F. Said application shall also include a written statement by the landowner setting forth the
reasons why, in hislher opinion, the planned residential development would be in the
public interest and would be consistent with the township's Comprehensive Plan.
G. One (1) copy of every application for tentative approval received by the Township
Secretary shall be promptly forwarded to the Township Planning Commission and the.
Cumberland County Planning Commission for study and recommendation as required by
the Pennsylvania Municipalities Planning Code.26 The Township Planning CC:lInmission
and the Cumberland County Planning Commission shall review and report on the
applications to the Board of Commissioners no later than ten (10) days prior to the public
hearing provided for in ~ 245-108 of this chapter. One (1) copy of the reports of the
respective Planning Commissions shall be furnished to the applicant not less than five (5)
days before the appointed time of the public hearing provided for in ~ 245-108 of this
chapter.
H. Prior to submission of an application for tentative approval, the. applicant shall consult
infonnally with the Board of Commissioners and the Township Planning Commission and
may consult informally with the Cumberland County Planning Commission concerning the
proposed planned residential development, provided that no statement or representation by
a member of the Board of Commissioners or the respective Planning Commissions shall be
binding on the township.
26 Editor's Note: See 53 P.s. f 10101 et seq.
24569
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~"- ""Ji!!li~_""""""-""r-1 --~:~lI!liIl!!iJ,(!o,;""""~~"~.k;::",,WI",,-'6.;y,,,j~:'
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UPPER ALLEN CODE
~ 245-109
~ 245-108
~ 245-108. Public hearings.
A Within sixty (60) days after the filing of an application for tentative approval of a planned
residential development pursuant to this chapter, a public hearing pursuant to public notice
on said application shall be held by the Board of Commissioners in the manner prescribed
in this chapter for the enactment of an amendment. The Chairman or, in hislher absence,
the Acting Chairman of the Board of Commissioners or its designated agency may
administer oaths and compel the attendance of witnesses. All testimony by witnesses at any
hearing shall be given under oath, and every party of record at a hearing shall have the
right to cross-examine adverse witnesses.
:S. A verbatim record of the hearing shall be caused to be made by the Board of
Commissioners whenever such records are requested by any party to the proceedings; but
the cost of making and transcribing such a record shall be borne by the party requesting it,
and the expense of copies of such record shall be borne by those who wish to obtain such
copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not
accepted in evidence, shall be properly identified and the reason for the exclusion clearly
noted in the record.
~ 245-109. Findings.
A. Grant or denial of tentative approval.
(1) The Board of Commissioners, within thirty (30) days following the conclusion of the
public hearing provided for in ~ 245-108, shall, by official written communication to
the landowner, either:
(a) Grant tentative approval of the development plan as submitted;
(b) Grant tentative approval subject to specified conditions not included in the
development plan as submitted; or
(c) Deny tentative approval to the develop~t plan.
(2) Failure to so act within said period shall be deemed to be a grant of tentative approval
of the development plan as submitted. In the event, however, that tentative approval is
granted subject to conditions, the landowner may, within thirty (30) days after
receiving a copy of the official written commnnication of the Board of
Commissioners, notify such Board of Commissioners of hislher refusal to accept all
said conditions; in which case, the Board of Commissioners shall be deemed to have
denied tentative approval of the development plan. In the event that the landowner
does not, within said period, notify the Board of hisJher refusal to accept all said
conditions, tentative approval of the development plan, with all said conditions, shall
stand as granted.
B. The grant or denial of tentative approval by official written communication shall include
not only conclusions but also findings of fact related to the specific proposal and shall set
forth the reasons for the grant, with or without conditions, or for the denial; and said
communication shall set forth with particularity in what respects the development plan
24570
~
-
.-~
-
. ,
'.1'ii_
~ 245-109
- ZONING
~ 245-110
would or would not be in the public interest, including but not limited to findings of fact
and conclusions on the following:
(1) Those respects in which the development plan is or is not consistent with the
Comprehensive Plan for the development of the municipality.
(2) The extent to which. the development plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including but not limited to
density, \lulk and use, and ,the reason why such departures are or are not deemed to be
in the public interesL -
(3) The purpose, location and amount of the common open space in the planned
residential development, the reliability of the proposals for maintenance and
conservation of the common open space and the adequacy or inadequacy of the
amount and pUIpose of the common open space as related to the proposed density and
type of residential developmenL
(4) The physical design of the development plan and the manner in which said design
does or does not make adequate provision for public services, provide adequate
control over vehicular traffic and further the amenities of light and air, recreation and
visual enjoyment.
(5) The relationship, beneficial or adverse, of the proposed planned residential
development to the neighborhood in which it is proposed to be established.
(6) In the case of a development plan which proposes development over a period of years,
the sufficiency of the terms and conditions intended to protect the interests of the
public and the residents of the planned residential development in the integrity of the
development plan.
C. In the event that a development plan is granted tentative approval, with or without
conditions, the Board of Commissioners may set forth in the official written
communication the tiII1e within which an application for final approval of the development
plan shall be filed or, in the case of a development plan which provides for development
over a period of years, the periods of tiII1e within which applications for final approval of
each part thereof shall be filed. Except on the consent of the landowner, the time so
established between the grant of tentative approval and the application for final approval
shall not be less than three (3) months; and in case of developments over a period of years,
the time between applications for final approval of each part of a plan shall be not less than
twelve (12) months.
~ 245-110. Status of plan after tentative approval.
A. The official written communication provided for in ~ 245-109 of this chapter shall be
certified by the Secretary of the Board of Commissioners and shall be filed in hislher
office, and a certified copy shall be mailed to the landowner. Where tentative approval has
been granted, the same shall be noted on the Zoning Map.27
27 EcIitor's N_ Said ZoDiDg Map is on file in the ollice of the ToWDSbip Secntary.
24571
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~ 245-110
UPPER AllEN" CODE
~ 245-111
B. Tentative approval of a development plan shall not qualify a plat of the planned residential
development for recording nor authorize development or the issuance of any building
permits. A development plan which has been given tentative approval as submitted or
which has been given tentative approval with conditions which have been ~cepted by the
landowner (and provided that the landowner has not defaulted nor violated any of the
conditions of the tentative approval) shall not be modified or revoked nor otherwise
impaired by action of the township pending an application or applications for final
approval, without the consent of the landowner, provided that an application for final
approval is filed or, in the case of development over a period of years, provided that
applications are filed within the periods of time specified in the official written
communication granting tentative approval.
C. In the event that a development plan is given tentative approval and thereafter, but prior to
final approval, the landowner shall elect to abandon said development plan and shall so
notify the Board of Commissioners in writing or in the event that the landowner shall fail
to file an application or applications for final approval within the required period of time or
times, as the case may be, the tentative approval shall be deemed to be revoked, and all that
portion of the area included in the development plan for which final approval has not been
given shall be subject to those local ordinances otherwise applicable thereto as they may be
amended from time to time, and the same shall be noted on the Zoning Map28 and in the
records of the Secretary or Clerk of the township.
-
f 245-111. Application for final approval.
A. An application for final approval may be for all the land included in a development plan or,
to the extent set forth in the tentative approval, a section thereof. Said application shall be
made to the official review agency and within the time or times specified by the official
written communication granting tentative approval. If the application for final approval is
in compliance with the tentatively approved development plan, a public hearing need not
be held.
]3. The application for final approval shall show:
(I) Format
(2) Scale.
(3) Title.
(4) Date.
(5) Name of owner.
(6) Key maps showing relationship to surrounding properties.
(7) Boundaries.
(8) Easements.
28 Editor's Note: Said Zoning Map is on file in the 0llIce .fthe 1'o1msbip Secretary.
24572
-
, "
) ~
~ 245-110
(9) Streets.
(10) Property lines within the development
(11) Sethacks.
(12) Street names.
(13) Architectural drawings.
(14) Location of structures.
-ZONING
~ 245-111
-
(15) Number oflots.
(16) Number of dwelling units by type.
(17) Existing easements.
(18) Parks.
(19) Playgrounds and other open space areas to be dedicated or reserved for public use.
(20) Information on water supply and sewage.
(21) Disposal systems.
(22) Monuments.
(23) References to deed restrictions.
(24) Elevations.
(25) Requirements for performance bonding on the installation of streets, sewers, water
mains and other required improvements.
C. In the event that the application for final approval has been filed together with all drawings,
specifications and other documents in support thereof and as required by this chapter and
the official written communication of tentative approval, the township shall, within thirty
(30) days of such filing, grant such development plan final approval.
D. In the event that the development plan as submitted contains variations from the
development plan given tentative approval, the Board of Commissioners may refuse to
grant final approval and shall, within thirty (30) days from the filing of the application for
final approval, so advise the landowner, in writing, of said refusal, setting forth in said
notice the reasons why one (1) or more of said variations are not in the public interest
(1) In the event of such refusal, the landowner may either:
(a) Refile hislher application for final approval without the variations objected; or
(b) File a written request with the Board of Commissioners that it hold a public
hearing on hislher application for final approval.
(2) If the landowner wishes to take either such alternate action, helshe may do so at any
time within which helshe shall be entitled to apply for final approval or within thirty
(30) additional days if the time for applying for final approval shall have already
passed at the time when the landowner was advised that the development was not in
24573
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~ 245-111
UPPER ALLEN CODE
~ 245-112
substantial compliance. In the event that the landowner shall fail to take either of
these alternate actions within said time, helshe shall be deemed to have abandoned the
development plan. Any such public hearing shall be held pursuant to public notice
within thirty (30) days after request for the hearing is made by the landowner, and the
hearing shall be conducted in the manner prescribed in this chapter for public hearings
on applications for tentative approval. Within thirty (30) days after the conclusion of
the hearing, the Board of Commissioners shall, by official written communication,
either grant final approval to the development plan or deny final approval. The grant
or denial of final approval of the development plan shall, in cases arising under this
section, be in the form and contain the findings required for an application for
tentative approval set forth in this chapter.
E. A development plan or any part thereof which has been given final approval shall be so
certified without delay by the Board of Commissioners and shall be filed of record
forthwith in the office of the Recorder of Deeds before any development shall take place in
accordance therewith. Upon the filing of record of the development plan, the zoning and
subdivision regulations otherwise applicable to the land included in such plan shall cease
to apply thereto. Pending completion within a reasonable time of said planned residential
development or of that part thereof, as the case may be, that has been finally approved, no
modification of the provisions of said development plan or part thereof as finally approved
shall be made except with the consent of the landowner.
F. In the event that a development plan or a section thereof is given final approval and
thereafter the landowner shall abandon such plan or the section thereof that has been
finally approved and shall so notify the Board of Commissioners, in writing, or in the event
that the landowner shall fail to commence and' carry out the planned residential
development within such reasonable period of time as may be fixed by Chapter 220,
Subdivision and Land DevelopmeI).t, after final approval has been granted, no development
or further development shall take place on the property included in the development plan
until after said property is resubdivided and reclassified by enactment or an amendment to
this chapter, as amended.
~ 245-112. Arlm;n;otration and review.
A. Issuance of permits and all matters pertaining to ~rlm;n;~tration of the plan as finally
approved shall be the responsibility of the designated township official.
B. Upon application of the landowner showing compliance with the requirements of final
approval, the township shall issue permits for construction pursuant to the plan or any
section thereof.
C. The provisions of Article XU of this chapter governing ~rlm;n;~tration shall be fully
applicable to the plan as finally approved insofar as the provisions thereof are consistent
with the provisions of this Article and the conditions of final approval. The Zoning Officer
shall review the progress and status and construction of the plan and render monthly
reports thereon to the Board of Commissioners in order to assure compliance with the
provisions of this Article and the conditions of final approval.
24574
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~ 245-113
.ZONING
~ 245-115
~ 245.113. Adoption and amendment of regulations.
The Board of Commissioners may adopt and amend, from time to time, regulations to
implement the provisions of this Article XI, provided that such regulations shall not contradict
any provisions of said Article XI and provided, further, that such regulations shall be adopted
by a formal resolution.
ARTICLE XU
Adminiotration and Enforcement
-
~ 245-114. 'Powers and duties of Zoning Officer.
The provisions of this chapter shall be administered and enforced by the Zoning Officer who
shall be appointed by the Township. Commissioners. It shall be the duty of the Zoning Officer
and helshe shall have the power to:
A. Receive all applications for zoning permits; issue pemrits when there is compliance with
the provisions of this chapter, other township ordinances and the laws of the
Commonwealth of Pennsylvania.
B. Receive applications for special exceptions and refer these applications to the Zoning
Hearing Board for action thereon.
C. Following refusal of a permit, receive applications for appeals from alleged error of the
Zoning Officer and variances and forward these applications to the Zoning Hearing Board
for action thereon.
D. Conduct investigations to determine compliance or noncompliance with the terms of this
chapter.
E. Order, in writing, correction of all conditions found to be in Violation of the provisions of
this chapter. Such written orders shall be served personally or by registered mail upon
persons, firms or corporations deemed by the Zoning Officer to be violating the tenDS of
this chapter.
F. Institute, with the approval of the Township Commissioners, proceedings in courts of
proper jurisdiction for the enforcement of this chapter.
G. Keep a permanent record of all plans and applications for permits and all pemrits issued,
with a notation as to conditions attached thereto.
H. Maintain a map or maps showing the current zoning classification of all land in the area.
I. Upon the request of the. Planning Commission, Zoning Hearing Board or Township
Commissioners, present to such body facts, records or any simiIar information to assist
such body in reaching a decision.
~ 245-115. Limits of authority.
A. The Zoning Officer shall have the authority to issue pemrits only for construction and uses
which are in accordance with the requirements of this chapter. Construction and uses
24575
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~ 245-115
UPPER ALLEN CODE
~ 245-118
which require special exception or variance shall be issued zoning permits only on order of
the Zoning Hearing Board.
B. The Zoning Officer shall issue no permits for the construction or use of any land and
buildings unless it conforms to all township ordinances and the laws of the Commonwealth
of Pennsylvania.
-
~ 245-116. Enforcement.
Enforcement proceedings for a violation of a zoning ordinance shall be initiated by an
enforcement notice.
A. Enforcement notices shall be sent to:
(1) The owner ofrecord.
(2) Any person having filed a written request to receive such notice for that parcel.
(3) Any other person requested, in writing, by the owner of record.
D. The enforcement notice shall state:
(1) The name of the owner and any other potential defendant
(2) The location of the property.
(3) The specific violation, with:
(a) A description of the requirements not met; and
(b) Citations to the provisions of the chapter.
(4) The dates to commence and to complete compliance.
(5) That failure to comply within the time limits constitutes a violation, with the sanctions
clearly described.
~ 245-117. Violations and penalties,
Liability for violation shall result in a civil judgment of no more than five hundred dollars
($500.), plus costs and attorney fees incurred by the municipality, but no violation shall be
deemed to have occurred nor any judgment be commenced, imposed or paid until a final
determination is made. In case the defendant fails to payor to appeal the judgment in a timely
manner, the municipality may enforce the judgment pursuant to applicable rules of civil
procedure. Each day that the violation continues shall constitute a separate violation, unless it is
determined that a good faith basis existed for the violation, in which case there shall be deemed
only one (1) violation until the fifth day following the violation; thereafter, each day shall
constitute a separate violation.
~ 2415-118. Building permits.
A. Permit required.
24576
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fi 245-118
ZONING
fi 245-119
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(1) Hc:eafter, no building or . structure shall be erected, collSln1cted, reconslIUCled,
extended, moved or I3Zed until a building p=it has been secured from the Zoning
Officer.
(2) Upon completion of changes in use or construction, recollSln1ction, extension or
moving of Slrl1CtUrCS, the applicant shall DOtify the Zoning Officer of such completion.
. No won: shall be considered complete until the Zoning Officer has Doted OD the
pc:nnit that the worlc md use have been inspected and arc in confonnity with lhc.
provisions of this chaprt:r, and DO structure shall be subsequently occnpied until an
occupancy permit is issued.
B. P=it approval.
(1) If the ~tions set forth by the applicant in hisIher application arc in conformity
with the provisions of this chapter and all other applicable stattttes,the Zoning Officer
shall issnc a peimit. If. building pe:anit is rcfnsl!d. the Zoning Officer shall state such
. ICfusa1 in writing, with the cause,lIiId shall nm.,..,;;.....ly therenpon mail notice of such .
ICfusa1 to the appIicant ar the address inrli.......d on the appli""rinn The Zoning Officer
shall grant or deny tbe permit DQt later than thirty (30) days fonowing application,
except in cases of special exception where further proceedings are 1''"'"':Ssary.
(2) Except on written order of the Zoning Hearing Board anthorizing a variance, no
building permit shall be issued for any strncture where said erection, construction.
reconstrUction, extension, moving, razing or use thereof would be in violation of any
of the provisions of this chapter. Moreover, any permit issued in mar shall in DO case
be construed as waiving any provisions of this chapter.
C. Application requirements. All applications for building permits shall be made in writing by
the owner or anth~ a,."ClIt on a form supplied by the Zoning Officer and shall be tiled
with the Zoning Officer. The applica.iion sha11 inelude: . .
(1) A ~""">>nt as to the proposed use of the buildiDg or land.
(2) A site layont showing the location, ,;;m,..,.;ons and height of proposed strnctures or
uses and any existing \?n;)rliTlg< in relation to pro~ and street lines.
(3) The Dumber, location and design of parlcing and loading spaces, if applicable.
D. Life of peimit. Any CODSIrUCtion reqniring a building permit under this Article shall be
completed witbin one (1) year from date of issuance of the permit. However, the right to
proc=d with construction may be extended annually without payment of additional fees
for an aggregate period of Dot more than three (3) years, provided that the construction or
change pursuant to said permit has commenced within the fiIst one-year period.
~ 245-119. Occupancy permits.
A. Permit zcquired. No land or buildings shall be uSed or changed in use and no building
hereafter erected, constructed, altered or extended shall be occupied IIDtil an occupancy
permit shall havc been issued by the Zoning Officer stating that the building or proposed
uses fully comply with the provisions of this chaprt:r.
245n
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UPPER AlLEN CODE
-: !-' B:,~ -'Permit approval; -:', The 20ning O_fficer :shall -9rant or --deny:any.occupancy.,permit- withi n,;
,:;._'~ -.ten'(10) -days:following:i1pplicatio~...lf a permit is denied,~.the'Zoning_:Officer-.:'i ;::'--,
~_ : ,.-: _ " shan state;:,in .writing" the. .cause ,for._su'ch-.deniaLand. sh~lLiDDllediately. thereupo!.l,. ~_:
mail notice of such denial 'to the applicant..' ..' ~-'- .,. . .... l
C. Application requirements. All applications for occupancy permits shall be made
directly by the owner or authorized agent to the Zoning Officer, setting forth
information the Zoning Officer may require.
-
D. Life of permit. An occupancy permit shall become void ninety (90) days from the
date of issuance unless occupancy, use or change of use is commenced.
s245-120. Fees.
A. Required fees shall be paid at the office of. the Zoning Officer on the fil ing of
applications for building permits, occupancy permits; applications for special
exception or variance by the Zoning Hearing Board.
B. A schedule of officially approved fees and costs is ~~ file at the office of the
Township Secretary and can be obtained upon request. .-
$245-121. Applications for Special Exceptio~ or Variance.
A. Procedures.
(1) Applications for special exceptions or variances permitted by this chapter
shall be made, in writing,-to the'Zoning Officer by the owner or authorized
agent on a form supplied by the Zoning Officer. -
4
(2)
- ,
For any use permitted by special exception, a special exception must be
authorized by the Zoning' Hearing Board. In addition to the information
required on the building permit application, the special exception
application must show:
(a)
A site plan, including the location of structures and open land uses
on the lot.
(b)
(c)
Ground floor plans and elevations of proposed structures.
-.
The names and addresses of owners of all properties within three
hundred (300) feet of the property in question.
B. General standards. In considering application for special exceptions, the Zoning
Hearing Board must be guided b~ the standards contained in Article XIII.
C. Industrial and commercial uses. For industrial and commercial uses, the special
exception application must be accompanied by an overall plan, drawn to scale,
including details on:
(1) The site layout, preparation and grading.
(2) Streets.
(3) Off-street parking.
(4) Storm drainage and sanitary sewerage.
(5) The water supply and gas systems.
(6) The development schedule and construction costs.
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24578
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UPPER ALLEN CODE
;
s245-121:1.: Conditional Use Permits.
'A.' ,Procedures;' - Appl ications- for-',conditional uses :permitted' by.--this' chapter' shalT-. be~ ~-
made in writing to the Zoning Officer by the owner or authorized agent on a form
supplied by the Zoning Officer. The Zoning Officer shall simultaneously refer
such applica~ion to the Planning Commission and the Township Commissioners.
The Planning Commission ~hall review the application and within thirty (30) days
of receipt, submit its recommendations to the Commissioners for decision. At its
next regular meeting or in any event within thirty (30) days after receipt of such
recommendation from the Planning Commission, the Commissioners shall review the"
application and, indicating its approval or disapproval thereof, return the
applicat~on to the Zoning Officer. The Zoning Officer in turn shall, within ten
(10) days of decision by the Commissioners, forward, if approved, an approved
building permit to the applicant; if disapproved, so notify the applicant.
B. Applicability. Those uses which are additionally listed as permitted and meet all
requirements elsewhere imposed upon such use need ,not additionally meet the
requirements and criteria set forth in Subsections C and D of this Section.
However, if such use would not meet such requirements, such as a industrial
division warehouse which anticipates a building coverage greater than 35:, and
the use schedule additionally provides that such use may be a conditional use, the
requirements and criteria set forth in Subsections C and D of the Section
additionally must be met.
C. Requirements.
(1) The lot area may not be less than five (5) acres:
(2) Building coverage may ~ot exceed .fifty percent (50%);
(3) The impervious surface plus building coverage may not exceed seventy percent
. . (70%): ' -.' _
(4)
(5)
All storm water management must be provided by on-lot systems;
Each lot must abut a publiC road designated no less than as a collector
road, alternatively, the Plat must provide for each lot to abut a road to be
,dedicated by the applicant as such:
The use will generate no greater traffic volume than would a warehouse
meeting all other permitted criteria; and
The requirements set forth in (3) and/or (4) above may be waived by the
Zoning Hearing Board by special exception where the applicant submits a
detailed plan prepared by a registered professional engineer which satisfies
the Township Engineer, in his sole discretion, that the drainage from the
lot(s) in question will be retained of the flow controlled in such manner that
the volume and rate of storm water runoff will be less burdensome to
the township's storm sewer system and the adjacent properties than normally
would result from a lot complying with the 70: impervious plus building
coverage limitation and on-lot management systems.
(6)
(7)
24579
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Criteria. Iii additio~ to satisfying all of the require~ents se-t'" forth"i~ Subsecio~
C, a proposed use must also meet additional reasonable conditions and safeguards
consistent with the purposes of this Chapter. Accordingly, the recommendation of
the Planning Commission and the decision of the Township Commissioners shall be
based on.- but not limited to, the following standards and criteria.
-
(1) Compatibility. The proposed use will be reviewed as to its relationship
to and effect on surrounding land uses and existing environmental conditions
regarding the pollution of air, land and water; noise, potential of hazards
of congestion; illumination and glare; restrictions to natural-light and
circulation of air.
(2) Purpose. There shall be a review of the intended purpose of the proposed
use as it relates to the area's development objectives established in the
Comprehensive Plan. -
(3) Suitability. The nature of the activity and population served, numbers of
participating population, frequency of use, adequacy of space and spatial
requirements, potential generation and impact of congestion will be reviewed
as suitably related to the proposed location of potential use.
(4) Accessibility. Ingress and egress to the site of the proposed use; type,
circulation and movement of pedestrian and vehicular traffic; parking
requirements; and accessibility to the existing and proposed Township
highway system will be reviewed. ~
(5) Serviceability. Reviews will be made as to the adequacy and availability of
utility services and facilities such as sanitary and storm sewers, water,
trash, and garbage collection and disposal and the ability of the Township
to supply such services.
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. ARTI CLE XI II
:'" -Zoning Hearing Board
s245-122. Establishment of Board.
A Zoning Hearing Board is establ ished in .order that the objectives of this chapter may be
fully and equitably and a means for competent interpretation of this chapter provided.
s245-123. Membership; Election of Officers. -
A. The Upper Allen Township Zoning Hearing Board ~hall consist of three (3) members.
appointed by the Township CO/lll1lissioners. The terms of office of each member shall
be three (3) years. so fixed that the term of o.ffice of one (1) member shall expire
each year. Members of the Board shall hold no other office in the township.
. -
B. The Board shall elect a Chairman, Vice Chairma~ and Secretary from its membership
who shall serve annual terms and may succeed themsel ves. The Board shall 'promptly
notify the Township Commissioners of any vacanc,ies which occur. Appointments to
~ill vacancies shall be only for the unexpired portion of the term.
. .
s245-124. Removal of Members.
Any Board members may be removed for malfeasance, misfeasance or nonfeasance in office
Or for other just cause by a majority vote of the Township COllllllissioners, taken after the
member has received fifteen (15) days' advance notice of intent to take such a vote. A
public hearing shall be held in connection with the vote of the member shall request it
, in writing. .-
S245-125. Interpretation Appeals.
'~ny pErson aggrieved by any decision of the Zoning Officer shall have the right to appeal
to the Zoning Hearing Board within a reasonable time by filing with the Zoning Officer.
specifying the grounds thereof and i ncl uding the foll owing:
A. The name and address of. the applicant or appellant.
B. The name and address of the owner of the zoning lot to be affected by such
proposed change or appeal.
C. A brief description and location of the zoning lot to be affected by such
proposed change or appeal.
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UPPER .AU..EN CODE.
i 245-127
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A'..statemcnt of the' , present 'zoning' classification of the zoning lot in qu~o~'-,~e" '-; ;,:.:~;.-,.."
improv=nts thereon and the present use thereof. ' . .. :.. "-- , '.. 0'-' . ,'J.r......",-,..: . .:-.-..- '",,';'.;
A statement of the section of this chapter under which the appeal is made and reasoJlS why
it should be granted or a. st.t~""t of the section of this chapter governing the simation in
which the alleged =neous ruling is being appealed and the ~ns for this appeal.
F. A reasonably = description of the present improvements and the additiOJlS or
changes intended to be znadc under this application, indicating the size, material and
general COD$trl1Clion thereof. In addition, there shall be anached a plot plan of the =1
property to be affected, indicaIing the location and size of the lot and size of improvements
existing thereon and proposed to be erccr=d th=n.
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i 245-126. Variance appeals.
A. On appeal from a decision by the Zoning Ofii=. the Board shall hear requests for
varllm= wh= it is alleged that the provisions of this chapter infiict """-""Y hardship
on the applicant. The Board shall prescribe the fmm of appliattion and requin: p7"'1i.m,,""Y
appliattion to the Zoning om=. The Board may grant a. "",..;~nC"'. provided that the
fonowing ;;nifi"gl' are made wh= r:levant in a. given case. . .
(I) That there are 1lIIiquc physical ciIctunstances or conditions, including il1egnIarlty.
:narrowness or shal,lown:ss onot size or shape. or cxcepticma1 topogzaphical or other
physical conditions p-nli.,. to the panicular k""Z""L.r muI that the 1lIUIec:essary
hardship is due to sw:h eondirions and DOt the cin:mnstances or conc!iliOJlS generalIy
c:rcatcd by the provisions of this chapter in the nc:ig:hborhood or district in which the
prop::ty is located.
(2) That,foe-.m- of Sllch physical circumstances or conditions, there is no possibility that
the pro~ can be developed in strict confomJity wilh the provisions of this chapt=r
and the authorization of a variant:: is therefore n.~I''llY to enable the M.......ble use
oftheIu"~' .
(3) That Sllch unn~"".~"Y hardship had not been c:rcatcd by the appellant. _
(4) That the vatiaIlce, if authorized, will not alter the es......;"l chmacter of the
neighborhood or district in which the property is _ located nor Sllbstanlia11y or
pmnancmt1y impair the ~l'."prlate use or development of adjacent property nor be
d...,.;m...",l to the public welfare.
(5) That the variance, if anthorlzed. will rep1~.:lIt the -m;"imn~ variant:: which will
afford r:lief and the least modification possible of the regulalion in issue.
B. In granting any variance, the Bo2rd may anach Sllch reasonable c:onditions and safeguards
as it may de:m n=sary to implement the pwposes of this c:hapt::r.
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24582.'
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i 245-127. Special exceptions.
A. In this chapter. special exceptinns may be granted or denied by the Board plll"Sllant to
express Standards and criteria.. The Board shall bear and decide requestS for such specia1
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ZONING
g 245-127
exceptions in accordance with such standards and criteria. In granting a special exceptioa.
the Board may attach such reasonable conditions :and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the putposes of this
chapter. The Board sha1l pursue the following procedure:
(1) The Board's decision togranr a permit for special exception use shall be made only
after public notice and hearing. Such permit shall apply specifically to the appliC3tion
and plans Submitted and presented at said public hearing. Any Subsequent
~m""rlm"",ts or additions sha1l be Subject to review and public hearing by the Zomg
Hearing Board as a special exception use. The Zoning Hearing Board shall thereafter
direct the Zoning Officer to issue such permit if, in its judgment, the use meets all
gener.U and specific standards contained in this chapter for the grant of the special
exception sought.
(2) Gen=1 standards. A special exception sha1l not be granted if:
(a)'I'he IeqUeSted 1ISe would adversely affect the public health, safety, morals or
general wclfareofthe r-lA....'" of Upper Allen TOWDship; or
(b) The IeqUeSted 1ISe would not be in harmony with the spirit, intent or Pll1pOse of
this cbaprcr and other applicable towIIship oldinances.
(3) Specific standards. In addition to the gen=1 standards idenlified above, a special .
exception USe sha1l not be 1"'"";""'; unless it ='ets the following additional specific
~R. _. .
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(a) 'I'hespeci1ic use fits within the 1ISe type included in the special exception and
meets any and all specific standards for the special exception identified in the
Table of Use Regn1ations. 30
(b) AIl procedmaI z......1.....ents have been satisfied by the app1icant for the special
exception.
(c) Favozable action on the special exception wonld not:
[1] Substantially increase ttaffic congestion in the streets.
[2] l'nc=Ise the danger of fire or panic or otherwise endanger the public safety.
[3] C>v=wd land or =ate an undue concentration ofpopuJation.
[4] Impair an adequate supply of light or air to adjacent propeny.
[5] Adversely affect ttansportation Or unduly burden or dismpt the orderly
expansion of waler, sewer, school, parle or other public facilities.
[6] Adve=ly affect the Comprehensive Plan of the township or the subject
zoniJ:ig district as described in the Table QfUse ReV1mons.31
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UPPER ALLEN CODE
~ 245-128
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[7] Endanger the safety of persons or property by improper location or design
of facilities for ingress or egress.
[8] Adve:sely affect the property values and/or the character of the surrounding
neighboxhood (Including consideration of whether or not the special
exception is near a district boundary having a greater or lesser intensity of
use).
[9] Conffict with sound standards of subdivision practice (where applicable).
(d) The proposed use will be in compliance with all other applicable provisions of
this chapter. The applicant for the special exception shall have the duty to
produce evidence and shall bear the burden of persuasion to demonstrate
satisfaction of the specific criteria idenli1iedabove and/or any additiOnal criteria
identi1ied in the Table of Use ReguIations for the particular district(s).:n
B. If an objection is m8de to the granting of such special exception use petmit on the grounds
of Subsection A(3)(a) or (b) above. it shall be the burden of the objecting party or parties
to produce evidence to show that the ~ting of such special exception would adversely
affect the public health, safety, morals or genml welfare of the residents of Upper Allen
Township or that such requested use Would not be in harmony with the- spirit, intent or
Pmposl; of this chapter or other applicable township ordinances, as the case may be. In the
event that such evidence is produced by the objecting party or parties with respect to the
grounds enumerated in A(l) above, the burden of persuasion shall then be upon the
applicant for the special exception use petmit to establish that the special exception use
requested will not adversely affect the public health, safety, morals or genml welfare of
the residents of Upper Allen Township. The burden of persuasion with regard to the
grounds for denial enumerated in A(2) above remains with the objecting party or parties.
C. The Zoning Hearing Board may condition the approval of any special exception
application upon the imposition of additional requirements designed to a1leviate any
potential adverse effect of the special 'exception use granted, including bot not limited to
conditions regarding layout, circulation and performance as it deems necessary to ensure
that any proposed development will secure substantially the objectives of this chapter. The
imposition of such conditions shall be preInised on the general or specific criteria outlined
in this chapter.
i 245-128. ChaDeuge to validity of ordinances.
Except as provided for in i 245-126 relating to variances, the Board shall have no power to
pass on the validity of any provision of an ordinance or map adopted by the Township
Commissioner.;. Recognizing that challenges to the validity of an ordinance or map may
present issues of fact and inte1pretation which may lie within the special competence of the
Board and to facilitate speedy disposition of such challenges by a court, the Board may hear all
challenges wherein the validity of the ordinance or map presents any issue of fact or
interpretation not hitherto properly determined at a hearing before another competent ;tgency or
body and shall take evidence and make a record thereon. At the conclusion of the hearing, the
32 Edi...... Note: SaId Table a1'U.. ReguIati....1s iDcIadecl..lhe ad at lbis cbapter.
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ZONING
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Board shall decide all contest questions of interpretation and make findings on all relevant
issues of fact, which shall become part of the record on appeals to conn.
~ 245-129. Parties appellant before board.
Proceedings to challenge the validity of this chapter may be filed with the Board of
Commissioners, in writing, by any person aggrieved or by any landowner or any tenant with
the permission of such landowner.
-
"
i 245-130. HeariDgs required; notice of hearings.
A The Zoning Hearing Board shall conduct a hearing on any interpretation, variance, special
exception, challenge or other matter requiring the Board's decision or other official action.
and such formal meeting, subsequent to public notice, shall be utilized to inform or obtain
comment, prior to taking action.
B. Filing with the Zoning Hearing Board for an appeal of application, the Board shall fix a
reasonable time and place for a public hearing thereon and give notice as follows:
(1) Notice published once each week for two (2) successive weeks in a newspaper of
general ciIaJlation in the municipality. Such notice shall state the time and place of
the hearing and the particular nature of the matter to be considered at the hearing. The
first publication shall Dot be more than thirty (30) days and the second publication
shall not be less than seven (7) days from the date of the hearing.
(2) Written notice to parties in interest who shall be at least those persons whose
properties adjoin or are across public roads from the property in question.
;
~
.
~ 245.131. Conduet of meetings.
The Board shall presen"be rules for the conduct of its meetings, such rules to be in conformance
with the Pennsylvania Municipalities Planning eooe33 and this chapter. Meetings shall be held
at the call of the C'h';Tm~n and at such other times as the Board may specify in its rules and
procedure. Meetings shall be open to the'public; and a quorum shall be not less than a majority
. of all members of the Board, but where two (2) members are disqualified to act in a particular
matter, the l""'~in;ng member may act for the Board.
i 245-132. Rec:ords and decisions.
A The Board shall keep a stenographic record of the proceedings and a transcript of the
proceedings, 'and copies of graphic or written material received in evidence shall be made
available to any party at cost.
B. The Board shall keep full public records of its business and shall submit a report of its
activities to the Township Commissioners once a year.
33 EdItor'.Note: s.e53P.5.IIOIOhtteq.
24585
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UPPER ALLEN CODE
~ 245-136
C. The Board shall render a written decision or, when no decision is called for, make written
findings on the application within fony-five (45) days. Each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the reasons therefor and
the specific ordinances, rules or regulations upon which it relied.
D. Failure of the Board to act within forty-five (45) days of its final hearing on any application
will result in a deemed decision in favor of the applicant .
/
~ 245-133. Appeals to court. (
Any person aggrieved by any decision of the Zoning Hearing Board may, within thirty (30)
days after suCh decision of the Board, appeal to the Court of Common Pleas of Cumberland
County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary,
capricious. an abuse of discretion or otherwise not in accordance with law and specify the
grounds onwbich he/she relies. Such appeals shall be maqe in accordance with Article XI of
the Pennsylvania Municipalities Planning Code (Act 247).34
~ 245-134. TIlDe limit for special exceptioDS and variances. ,.-
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance which
has been authorized by the Zoning Hearing Board shall expire if the applicant fails to obtain a
building permit, if applicable, within six (6) months from the date of authorization thereof or
fails to commence a substantial amount of work within six (6) months from the date of issuance
of the permit for such work. ~ )
. ARTICLEXlV f. 0 J .-f. # ~
Amendments ~~..
~ 245-135. Power to amend.
The Township Commi.sioners may, from time to time, amend, supplement, change, modify or
repea1 this chapter, including the Zoning Map. When doing so, the Township Commissioners
shall proceed in the manner prescribed in this Article.
i 245.136. Initiation of amendments.
Proposals for amendment, supplement, change, modification or repeal may be initiated by the
Township Commissioners on its own motion, the Planning Commission or the petition of one
(1) or more owners of property to be affected by the proposed amendment, subject to the
following provisions:
A. Proposals originated by Township Commissioners. Any proposed amendment, supplement,
change, modification or repeal of this chapter originated by the Township Commissioners
shall be referred to the Planning Commission. Within thirty (30) days of the submission of
34 Edltor'. No.., s.e 53 P.s. 110101 et seq.
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ZONING
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said proposal, the Planning Commission shall submit to the Commissioners a report
containing the Planning Commission's recommendations, including any additions or
modifications to the original proposal.
B. Proposals originated by the Planning Commission. The Planning Commission may at any
time transmit to the Township Commissioners any proposal for the amendment,
supplement, change, modification or repeal of this chapter.
C. Proposals origin.tPd by a citizen's petition. Each petition by one (1) or more owners of
property to be affected by a proposal for amendment, supplement, change or modification
shall be submitted, in writing, to the Secretary of the Township Commissioners, together
with the designated fee to cover costs, plus legal advertising and engineering fees, no part
of which shall be returnable to a petitioner. On receipt of said petition, the Commissioners
shall transmit a copy of the petition to the Planning Commission. Within thirty (30) days of
this submission to the Planning Commission, the Commission shall submit to the
Township Commissioners a report containing the Planning Commission's
_ recommendations, including any additions or modifications of the original proposal.
D. Proposals for amendment, supplement, change or modification to this chapter shall be
submitted to the Tri-County Planning Commission for review and report
~ 245-137. Public meeting,
A. On receipt of the Planning Commission's recommendations and before voting on any
proposed amendment to this chapter, the Township Commissioners shall hold a public
meeting thereon pursuant to public notice.
B. Public notice shall be given not more than thirty (30) days and not less than seven (7) days
in advance of any meeting. Such notice shall be published once a week for two (2)
successive weeks in a newspaper of general circulation in the township. Such notice shall
state the time and place of the hearing and the particular nature of the matter to be
considered at the meeting.
24587
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~> 11l<W
ORDINANCE N0.485
AN ORDINANCE OF THE TOWNSHIP OF UPPER ALLEN,
COUNTY OF CUMBERLAND AND COMMONWEALTH OF
PENNSYLVANIA, TO AMEND THE CODE OF THE
TOWNSHIP OF UPPER ALLEN, CHAPTER 245, ZONING, TO
ADD PROVISIONS FOR CONDITIONAL USES AND
REGULATIONS RELATING THERETO; TO CLARIFY THE
LOCATION OF REQUIRED PARKING SPACES; AND TO
DELETE AND REPEAL ~245-93, RELATING TO PARKING
OR STORAGE OF MOBILE HOMES, TRAVEL TRAILERS,
CAMPERS, BOATS AND TRAILERS.
-
BE IT ORDAINED by the Commissioners of the Township of Upper Allen as
follows:
SECTION 1.
Chapter 245, Article II of the Code of the Township of Upper Allen, entitled Zoning,
Terminology, is hereby amended to add a new definition immediately following that
for COMPREHENSIVE PLAN, to be known as follows:
CONDITIONAL USE - A use permitted in a particular zoning district with
the provision that additional general and specific criteria are met, if
granted by the Zoning Hearing Board.
SECTION 2.
Chapter 245, Article IV of the Code of the Township of Upper Allen, entitled Zoning,
Use Regulations, is hereby amended to add a new section following ~ 245-19, to be
known as ~245-19,1, Uses Permitted as Conditional Uses, as follows:
~ 245-19.1.
Uses Permitted as Conditional Uses.
A use listed under the various zoning districts as a permitted use, is permitted
by right in any district beside which use the letter .C. is denoted, provided the
Township Commissioners, in accordance with ~245-121,1, authorize the
issuance of a building permit by the Zoning Officer, and subject to those
specific requirements contained in ~245-121.1 (Cl and, to the extent not
overridden by such Subsection C, those contained in the Use Schedules as well
Page 1
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as all other applicable requirements of this Chapter and such further restrictions
that the Township Commissioners may establish.
SECTION 3.
Use Schedule K of Chapter 245, Zoning, of the Code of the Township of Upper Allen,
governing Industrial Districts (IN), is hereby amended to add a conditional use
notation, such that the third column heading of such Schedule K reads as follows:_
P = PERMITTED
C = CONDITIONAL USE
SE = SPECIAL EXCEPTION
and Use No. 38 of such Schedule K is hereby amended to read as follows:
38.
Warehousing and Storage
p,C
SECTION 4.
The Table of Dimension Requirements of Chapter 245, Zoning, of the Code of the
Township of Upper Allen, is amended to include in the row pertaining to Industrial
Districts, a footnote number immediately following the number "35" located in the
column entitled Maximum Building Coverage (percent GBA), and the notes to the table
are hereby amended to include the following footnote relating to such footnote
number.
The maximum building coverage may be greater than thirty-five percent (35%),
up to a maximum of fifty percent (50%), provided that the additional
procedures, requirements and criteria set forth in ~245-121.1, as well as all
other applicable requirements of this Chapter 245, are met.
SECTION 5.
Chapter 245, Article XII of the Code of the Township of Upper Allen, entitled Zoning,
Administration and Enforcement, is hereby amended to add a new section following
~245-121, to be known as ~245-121,1, Conditional use permits, as follows:
~245-121.1.
Conditional use permits.
A. Procedures. Applications for conditional uses permitted by this Chapter
shall be made in writing to the Zoning Officer by the Owner or authorized
Page 2
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agent on a form supplied by the Zoning Officer. The Zoning Officer shall
simultaneously refer such application to the Planning Commission and
the Township Commissioners. The Planning Commission shall review
the application and, within thirty (301 days of receipt, submit its
recommendations to the Commissioners for decision. At its next regular
meeting or in any event within thirty (30) days after receipt of such
recommendation from the Planning Commission, the Commissioners
shall review the application and, indicating its approval or disapproval_
thereof, return the application to the Zoning Officer, The Zoning Officer
in turn shall, within ten (10) days of decision by the Commissioners,
forward, if approved, an approved building permit to the applicant; if
disapproved, so notify the applicant.
B. Applicability. Those uses which are additionally listed as permitted and
meet all requirements elsewhere imposed upon such use need not
additionally meet the requirements and criteria set forth in Subsections
C and D of this Section. However, if such use would not meet such
requirements, such as a industrial division warehouse which anticipates
a building coverage greater than 35%, and the use schedule additionally
provides that such use may be a conditional use, the requirements and
criteria set forth in Subsections C and D of the Section additionally must
be met.
C. Requirements.
(1) The lot area may not be less than five (5) acres;
(2) Building coverage may not" exceed fifty percent 150%);
(3) The impervious surface plus building coverage may not exceed
seventy percent (70%);
14} All storm water management must be provided by on-lot systems;
(5) Each lot must abut a public road designated no less than as a
collector road, alternatively, the Plat must provide for each lot to
abut a road to be dedicated by the applicant as such;
16} The use will generate no greater traffic volume than would a
warehouse meeting all other permitted criteria; and
(7) The requirements set forth in 13} and/or 14} above may be waived
by the Zoning Hearing Board by special exception where the
applicant submits a detailed plan prepared by a registered
professional engineer which satisfies the Township Engineer, in
his sole discretion, that the drainage from the lot(s) in question
will be retained or the flow controlled in such manner that the
volume and rate of storm water runoff will be less burdensome to
the Township's storm sewer system and the adjacent properties
"
Page 3
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than normally would result from a lot complying with the 70%
impervious plus building coverage limitation. and on-lot
management systems.
D. Criteria. In addition to satisfying all of the requirements set forth in
Subsection C, a proposed use must also meet additional reasonable
conditions and safeguards consistent with the purposes of this Chapter.
Accordingly, the recommendations of the Planning Commission and t~
decision of the Township Commissioners shall be based on, but not
limited to, the following standards and criteria.
(1) Compatibility: The proposed use will be reviewed as to its
relationship to and effect on surrounding land uses and existing
environmental conditions regarding the pollution of air, land and
water; noise; potential of hazards of congestion; illumination and
glare; restrictions to natural light and circulation of air.
(2) Purpose. There shall be a review of the intended purpose of the
proposed use as it relates to the area's development objectives
established in the Comprehensive Plan.
(3) Suitability. The nature of the activity and population served,
numbers of participating population, frequency of use, adequacy
of space and spatial requirements, potential generation and
impact of congestion will be reviewed as suitably related to the
proposed location of potential use. -
(4) Accessibility. Ingress and egress to the site of the proposed use;
type, circulation and movement of pedestrian and vehicular
traffic; parking requirements; and accessibility to the existing and
proposed Township highway system will be reviewed.
(51 Serviceability. Reviews will be made as to the adequacy and
availability of utility services and facilities such as sanitary and
storm sewers, water, trash, and garbage collection and disposal
and the ability of the Township to supply such services.
SECTION 6.
Chapter 245, Article IX, ~245-88 of the Code of the Township of Upper Allen,
entitled Zoning, Off-Street Parking _and Loading, Location of parking spaces, is hereby
amended to clarify the location of required parking spaces, to read as follows:
!245-88. Location of parking spaces.
Required off-street parking spaces for non-residential uses shall be on the same
Page 4
.
..,.
lot or premises with the use served. Off-street parking spaces shall not
encroach into any front yard setback and shall not encroach into any side or
rear yard setback area by more than half of the setback dimension. All parking
in such setback area shalf be limited to the interior half of the setback.
SECTION 7.
-
Chapter 245, Article IX of the Code of the Township of Upper Alfen, entitled Zoning,
Off-Street Parking and Loading, is hereby amended by deleting and repealing ~245-93,
entitled Parking or storage of mobile homes, travel trailers, campers, boats and trailers.
SECTION 8.
If any provision of this Ordinance shall be held invalid, its invalidity shalf not affect
any other provisions of this Ordinance that can be given effect without the invalid
provision, and for this purpose the provisions of this Ordinance are hereby declared
to be severable.
SECTION 9.
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This ordinance shall become effective immediately.
ENACTED AND ORDAINED this 21st day of April, 1994.
AlTEST:
TOWNSHIP OF UPPER ALLEN
~'1
y . Trimmer, President
oard of Commissioners
(Assista t ecretary)
Page 5
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