Township of Lower Macungie - General Requirements

Active Adult Residential Community within the Urban Residential Overlay District
1. This use shall be a residential development that meets the following qualifying criteria:

A. Restricts the age of its residents to age 55 and older in accordance with Subsection 4.Q, below, hereafter.
B. Consists of not less than 30 contiguous acres under common equitable or legal ownership (such contiguous acres may include multiple land parcels).
C. Provides significant related private passive open space and recreation space and facilities to its residents.
D. Includes private internal streets, landscaped buffer areas along public streets, and private on-site recreational facilities.
E. Is a unified development pursuant to the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
F. Complies with all provisions of this section and other applicable provisions of this chapter.

2. The provisions herein applicable to this use recognize the reduced demands of such residential communities (compared to non-age-restricted housing) for parking, water/sewerage flows, and other municipal services, and appreciates the sense of community and lessened private maintenance responsibilities associated with age-restricted homes being located closer together than in other forms of single-family developments not involving a community owners' association.

3. Within, and as a part of an active adult residential community, the following uses are permitted:

A. Uses Permitted by Right. See § 27-2410.3A for a list.
B. Uses Permitted by Condition. See § 27-2410.3B for a list.

C. Uses Permitted by Special Exception. Any use of the same general character as those uses permitted by right and condition by this section. Evidence shall be submitted documenting the similarity and difference between the proposed uses and the uses permitted by right or condition to which the proposed use is most similar.

D. Accessory Uses. See § 27-2410.3D) for a list.

4. All active adult residential community uses shall comply with the following general performance standards:

A. Sections 27-606 and 27-607 shall not apply to active adult residential community uses, except as provided herein.
B. All active adult residential community uses shall be connected to public water and sewerage systems.
C. The minimum tract size for any active adult residential community use shall be 30 contiguous acres.

D. The maximum density for the active adult residential community shall be 6.0 dwelling units per acre in the Urban Residential Overlay District.

E. Each dwelling unit shall have a minimum building setback of 40 feet from the centerline of any private street and 20 feet from the ultimate right-of-way of any public street; such building setbacks shall be in addition to any required buffer yards.

F. No building (including attached structures, decks or patios) shall be closer than 20 feet to the cartway of any private road, to the ultimate right-of-way of any public road, or to any other building, including its attached structures, decks or patios (except as herein provided); however, an accessory storage shed of the size permitted by § 27-418.1.A(6) of this chapter may be placed any distance from the principal dwelling of the owner of the shed, provided it is at least 10 feet from any building, structure, accessory shed, deck or patio of an adjacent dwelling. Each building containing dwelling units shall be surrounded in the side and rear yards (for front yard, see Subsection 41 below) by a green belt for grass and landscaping (and may include a shed as herein permitted) that is a minimum of 10 feet deep.

G. The maximum height of any building shall be 35 feet.
H. Every private street cartway shall be a minimum of 30 feet in width; all public streets shall conform to the Township standards for that street's classification.

I. All internal streets shall be privately owned and maintained as herein provided.

J. Each dwelling unit driveway shall enter onto an internal street or parking court system within the Community and no driveway shall enter directly onto a public street in the Township unless specifically approved by the Board of Commissioners.

K. Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township limited-access arterial or limited-access collector public road shall incorporate a twenty-foot buffer yard in accordance with § 27-1803 of this chapter. Such buffer yard shall include a minimum three-foot-high earthen berm, or a minimum three-foot-high earthen berm/retaining wall combination, along that portion of the tract which abuts that public road. Such buffer shall be in addition to the building setback requirements of this section. Any fencing between any dwellings and any such limited-access arterial or limited-access collector public road shall be constructed outside of any such buffer yard and shall be required by condominium or homeowner association covenants running with the land to be uniform in design, construction and appearance along the frontage with the public road.

L. Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township non-limited-access arterial or collector public road shall be required to incorporate the reverse frontage lot provisions specified in §§ 22A-704, Subsection 2B and C, and 22A-705.1.G, of the subdivision and land development Ordinance [Chapter 22A].

M. Not more than 50% of the lineal frontage of any dwelling unit shall consist of a paved surface; with the remainder to be in "green space" consisting of grass, landscaping or plantings.

N. Each dwelling unit shall have a minimum floor area of all nonbasement, nongarage floors of 1,500 square feet.

O. Each dwelling unit shall be subject to a condominium association or homeowners' association.

P. An active adult residential community shall require the condominium association or homeowners' association to maintain all private streets and other commonly owned or association-owned areas and facilities, and all residents of the community shall be required to pay necessary fees to the appropriate association for such maintenance in a form acceptable to the Township Solicitor.

Q. The dwelling units within an active adult residential community are intended to and shall be considered as "housing for older persons" and "intended and operated for occupancy by persons 55 years of age or older," as those terms are defined and limited in § 805(d)(2)(c) of the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c), as amended, and regulations promulgated (or promulgated in the future) thereunder (the "Fair Housing Act").

(1) Such age restrictions shall be incorporated in appropriate deed restrictions, development covenant, lease, or other appropriate instrument intended to govern occupancy of the dwelling units in the community. The enforcement of such age restrictions shall be the primary responsibility of the community's condominium or homeowners' association as set forth in such instruments. The Township shall have no obligation whatsoever to enforce the age restriction provisions set forth herein. However, the Township shall have the express right, to be stated in the applicable recorded deed, lease, covenant, or other instrument, to enforce at law or equity such restrictions, conditions, or covenants, as the Township in its sole discretion deems appropriate.

R. If the dimensional requirements of this section conflict with dimensional requirements otherwise applicable under this chapter, the provisions of this section shall apply.

5. All active adult residential community uses shall comply with the following recreational performance standards:

A. The active residential community use shall comply with the open space and recreation areas requirements of § 22-710.3, of the Lower Macungie Township subdivision and land development Ordinance of 1998 ("SALDO") [Chapter 22A], as amended, except as stated herein.

B. AM Active Adult Residential Communities shall provide open space (as defined in § 27-202 of this chapter) either as publicly dedicated open space and/or recreation space, or as privately owned open space and/or recreation space as permitted by this Subsection 5, for a minimum total of 35% of the gross area of the active adult residential community tract within the Township. All land to be included in this 35% calculation shall comply with the definition of "open space" in § 27-202 and vacant land within buffer yards or utility easements may be included for the purposes of the 35% calculation.

C. Pathways. See § 27-2410.5C for detailed information.
D. The conditional use application for an active adult residential community shall include a description of the types and locations of all recreational facilities that will be constructed within the community.

E. Every active adult residential community shall include an indoor community center (which need not be located within the Township but, if not within the Township, shall be on land of the community contiguous with the land of the community within the Township) that shall include a minimum of 30 square feet of interior building recreational space per dwelling unit in the community; indoor exercise/fitness facilities; a multipurpose room; a kitchen; and restrooms and other facilities appropriate and necessary for such community center.

F. The construction cost (as determined by the Board of Commissioners) of any indoor community center shall exceed the cumulative amount of any cash-in-lieu of land dedication (as required under § 22A-710.3B, of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended) of the community's development application that may be, in its sole discretion, waived by the Township Board of Commissioners and by the governing body of any other adjacent municipality in which the active adult residential community is also situated.

G. The recreational facilities for an active adult residential community shall be privately owned and maintained by an owner's association and shall not be dedicated to the Township (except for any dedicated pathway area, as set forth in Subsection 5.C above).

H. The community center required by Subsection 5.E above shall be substantially completed and operational not later than the date when building permits for 30% of the dwelling units of the active adult residential community have been issued. All of the remaining recreational facilities and recreation areas to be constructed or included in the active adult residential community shall be fully constructed or completed for use by residents not later than the date when building permits for 50% of the dwelling units of the active adult residential community have been issued. If not completed on time, no more building permits shall be issued until the community center and remaining recreational facilities and recreation areas are completed, usable and operational.

I. Modified or waived. See § 27-2410.5I for details.

Buffer Yards
1. Buffer yards shall comply with the following standards:

A. The buffer yard shall be measured from the district boundary line or from the ultimate street right-of-way line where a street serves as the district boundary line. Buffer yards may not be part of an existing or future ultimate street right-of-way but shall be in addition to that right-of-way.

B. A fifty-foot buffer yard shall be required along the district boundaries between any nonresidential and residential district boundary lines in the Township or adjoining municipalities.

C. A fifty-foot buffer yard may be located within the required side or rear yards, or any other buffer yards; and in the case of conflict, the larger yard requirements shall apply.

D. In all buffer yards, the exterior width beyond the fence or planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, weeds and overgrown grass.

E. The buffer yard shall be a landscaped area free of structures (except fences and walls), manufacturing or processing activity, materials and vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress. No recreation use shall be permitted in a buffer. Buffer yards shall exclude recreation space (but not open space) area required by the Township subdivision and land development Ordinance.

F. In cases where a buffer yard would normally be located in the floodplain, the buffer yard area shall instead start at the 100-year floodplain elevation line. If the buffer yard and floodplain are dedicated to the Township, then no planting screen will be required.

G. All buffer yards shall include a dense screen planting of trees, shrubs or other plant materials to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise, and, when determined by the Township to be necessary for public safety, a fence as described below. Such screen planting shall be in accordance with the following requirements:

(1) Plant materials used in the screen planting shall be of such species and size as will produce, within three years, a complete visual screen of at least six feet in height.

(2) A fence, when required, shall be located within the buffer yard and shall not be less than six feet in height, and in no case shall it be located in the existing street right-of-way.

(3) The screen planting shall be maintained permanently, and any plant material which does not survive shall be replaced within one year.

(4) The screen planting shall be so placed that at maturity it will not be closer than three feet from future right-of-way or property lines.

(5) The screen planting or fence shall be broken only at points of vehicular or pedestrian access.

(6) A built-up earthen bank may be incorporated in the landscaping of buffer yards as long as the following conditions are met:

(a) It may not be located in the future street right-of-way.
(b) The maximum allowable slope shall be one to three.
(c) The buffer yard landscaping shall be visible from the exterior of the property.
(d) The surface of the bank shall be stabilized with a naturalized grass seed mix.
(e) Example of a possible buffer:

H. The depth of any required buffer yard not otherwise specified by this chapter or by subdivision and land development Ordinance [Chapter 22A] shall be 10 feet.

I. Buffer screens shall utilize design schemes provided in the Lower Macungie Design Guidelines.

Buffer Yards for Nonresidential and Nonagricultural Uses
1. All nonresidential and nonagricultural uses will have a ten-foot buffer yard along the side and rear lot lines except as noted below and in Part 24. The following buffer yard requirements exist:

A. Fifty-foot for cemetery, outdoor storage of materials, petroleum pumping facilities and storage tanks and places of worship unless stated otherwise in this chapter.

Design Guidelines
See Design Guidelines for detailed information.

Development on Collector and Arterial Roads
1. In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:

2. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the cartway by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrances or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out onto the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent stacking of vehicles on a public street while awaiting entry to the lot.

3. Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or from a private street in order to avoid direct access to a public street. Where a lot has potential access to only a public street and has frontage on more than one public street, access shall be provided by the street of lowest collector status. In all cases, an attempt to reduce the number of curb cuts shall be clearly demonstrated to the Township.

4. In the case of a shopping center, industrial park, office complex, group of multiple- or single-family attached dwellings or similar grouping or buildings on a lot, and in any other case where practicable:

A. All buildings shall have principal access upon a service road, common parking lot or similar area and not directly upon a public street. However, if additionally fronting upon a street, pedestrian access shall be greatly encouraged and enforced, where required by this chapter.

B. All points of vehicular access to and from a public street shall be located in accord with the provisions of § 22A-705: Street Design Standards, Lot Access, of SALDO; provided, however, that such a point of vehicular access, which in effect converts a three-way intersection into a four-way intersection, shall be permitted.

C. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center, or other unified development, without undue congestion to, or interference with, normal traffic flow within the Township.

D. All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the Township subdivision regulations. Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where desirable.

5. All driveway entrances other than those related to a dwelling or farm shall be adequately illuminated so as to permit the safe location and use thereof during night hours of use at no cost to the Township.

6. Uncontrolled direct vehicular access to the entire lot frontage shall be prohibited. (See § 27-2303: Design Standards for Off-Street Parking Facilities, § 27-2303.3

7. When direct access to an arterial or collector road cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.

Easement Preservation
All easements required by this chapter, shown on a plan of record, or set forth in a deed of record, shall be kept clear of any and all structures and obstructions, including but not limited to, buildings, fences, trees, berms, driveways and shrubs, unless authorized by the easement owner. The surface grade of any such easement shall not be altered without Township approval.

Exception to Required Front Yard for Certain Accessory Uses
Subject to Subsection 7, the district's front yard requirements shall not apply to accessory signs and off-street parking facilities when explicitly permitted by this chapter.

Exceptions to Minimum Lot Areas and Lot Width
The provisions of Subsections 2 and 3 shall not prevent the construction of a building, provided the yard requirements are observed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed. Required yard areas may only be reduced for isolated vacant existing lots of record in built-up areas after review and approval by the Zoning Officer that the reduction is the minimum reduction consistent with adjacent existing development for a distance of 200 feet in any direction.

Filling of Excavation Pits, Quarry Holes, Burrows and Mines
No portion of any excavation pit, hole, burrow, mine or quarry or the like shall be filled without a grading and stormwater management plan approved by the Township Engineer.

Flood Hazard Areas (Overlay District)
See Appendix 27A: Flood Hazard Area (Overlay District) Regulations for detailed information.

Front Yard Regulation and Exceptions to Front Yards
A. Corner lots in all residential zones fronting on two intersecting streets shall be considered to have two front yards, one rear yard and a side yard which shall be the minimum of the applicable zone. Dwellings which are situate on a diagonal shall maintain both front yard setbacks and shall have two side yards.

(1) Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the future street right-of-way line or lines and the nearest point of any building or structure, except as may be permitted hereafter.

Fueling Dispensing Stations
1. The following are specific criteria which must be met by fuel dispensing stations:

A. A fuel dispensing station shall be owned and operated only by the person who owns and operates a supermarket, shopping center use or convenience store use.

B. Fuel dispensing stations shall comply with the applicable standards of § 27-2406.1.E.

C. Canopies for fuel dispensing islands shall be designed to have gabled roofs and shall not be flat or slanted in one direction only.

D. Building materials for the canopy and attendant station shall be architecturally compatible with the design of the development. Outdoor storage of supplies is prohibited.

E. Canopies for fuel dispensing islands shall be lit with recessed lighting under the canopy. Light sources shall be shielded from the view of surrounding properties.

F. Fuel dispensing stations shall provide protections satisfactory to the Township to prevent spills, to clean spills quickly and to prevent spilled fuel from entering the stormwater system. The protections required by this section may include, but are not limited to, employee training, spill and hazard kits, safety equipment on pumps and underground storage tanks and facilities in nearby stormwater inlets which block and collect spilled fuel to prevent contamination of the stormwater system. An ongoing inspection and maintenance program shall be provided.

G. Vehicular circulation at fuel dispensing stations shall be designed to provide adequate area between pumps to allow unimpeded travel between fuel dispensing islands when all fuel pumps are occupied. A minimum of three cars (one at the fueling pump and with two stacked behind) must be accommodated from whichever direction(s) cars may queue to the pump area.

H. Fuel dispensing stations shall provide adequate stacking for cars at each pump island without impeding interior traffic circulation.

I. An attendant is required to be on site during all hours of operation. The attendant's location shall enable the unobstructed view of each fueling facility.

J. Hours of operation shall be provided at the time of the conditional use approval. Hours of operation shall be limited to those hours not disruptive to the residential development.

K. A landscaped planter with a minimum of three-foot width shall be required to separate the fueling dispensing station from other uses.

L. The vent stack for the fuel storage tanks shall be located on the far side, away from the residential areas.

M. A minimum setback of 100 feet must be provided between the fueling station and any residential structures.

N. Where a fueling station is part of a site design where there is a convenience store, the convenience store shall provide for primary frontage orientation onto the abutting street to allow for pedestrian access with fuel pumps at the side or rear of the lot.

O. Electrical generators shall be required to operate fueling pumps during power outages so that fuel may be dispensed.

Gated Residential Subdivisions or Land Developments All residential subdivisions or land developments whose entrances are gated to provide restricted vehicular access shall provide all police, fire, and emergency services providers serving the area of the subdivision or land development with keys to such gates or equivalent means of immediate entry, so as to provide twenty-four-hour, 365-day per year public safety access to the dwellings in the subdivision or land development.

Greenway Land
Greenway Land: Use and Design Standards.

A. Uses Permitted on Greenway Land.

(1) Conservation of open land in its natural state.

(2) Agricultural and horticultural uses, including raising crops or livestock, and related accessory buildings. Specifically excluded are commercial and intensive feedlot operations involving swine, cattle, poultry, mink, and other animals likely to produce highly offensive odors.

(a) Actively used agricultural accessory structures shall be permitted by conditional use as part of a proposed development utilizing this section.

(3) Horse farms, equestrian facilities and pastureland for horses shall be permitted, but shall not consume more than 50% of the minimum required greenway land. All aforementioned facilities shall be for recreational purposes only.

(4) Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.

(5) Preservation of existing woodlands or land set aside and planted for reforestation as part of an approved development.

(6) Publically held village greens, central commons, picnic areas, community gardens, trails and similar low-impact, passive recreational uses.

(7) Publically held active noncommercial recreation areas, such as playing fields, playgrounds, splash pads and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:

(a) Such areas shall not consume more than 50% of the minimum required greenway land.

(b) Publically held playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.

(c) Minimum parking facilities for the same, as determined by the Township, may also be permitted. Such lots may be paved with gravel or macadam and shall be unlighted, properly drained and provide safe ingress and egress.

(d) Noncommercial recreation areas such as playing fields, or picnic areas requiring supporting structures, are permitted, but shall not count toward the minimum required greenway land, unless dedicated to the municipality. Structures shall be subordinate to the activity. Parking areas shall be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.

(8) The following standards shall apply to water supply, sewage and stormwater systems: see § 27-2416.4A(8) for details.

(9) Paths and walking trail easements shall be 15 feet in width may be counted toward required open space. These shall be designed to be eight feet in width with 3.5 foot shoulders on each side.

(a) The square footage of the fifteen-foot trail easement under overhead power lines or over pipelines may count towards open space if designed as depicted above in this section and remaining easement space is planted with a Township-approved wildflower meadow.

(10) Specifically prohibited are:

(a) Motorized off-road vehicles, shooting ranges and other uses similar in character and impact as determined by the Township. This provision shall not prohibit vehicles used for maintenance purposes.
(b) Surface mining and quarrying.
(c) Any other structure not specifically listed as permitted in this section.
(d) Hunting and trapping.

B. Greenway Land Design Standards.

(1) Greenway land in all options shall be identified and laid out according to the Four-Step Design Process prescribed in the Township subdivision and land development Ordinance, which begins with the identification of primary and secondary conservation areas.

(2) Greenway land shall be laid out in accordance with the Township's Greenway and Open Space Plan, to ensure that, over time, an interconnected network of greenway land will be created.

(3) At least 20% of the site shall be available for the common use of the subdivision residents.

(4) When the Township determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, they may consider:

(a) Implementation of the municipal Recreation, Parks and Open Space Plan, Greenway Plan or official map;
(b) Trails integral to children's access to schools and parks;
(c) Impact on woodland and stream corridors.

(5) Applicants for new residential development may fulfill the public land dedication requirements in as noted in Township subdivision and land development Ordinance, by dedicating an equivalent amount of greenway land as public recreation land which shall meet the provisions of this chapter and that is additionally found to be acceptable by the Township.

C. Additional Standards.

(1) Pedestrian and maintenance access shall be provided to greenway land in accordance with the following requirements:

(a) No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:

1) The width of the access strip shall equal the minimum width of a lot, and in no case shall be less than 50 feet.
2) The access strip shall extend the full depth of the adjacent lots.

D. Access to greenway land used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

E. Greenway land that is not wooded or farmed shall be landscaped in accordance with the landscaping requirements and greenway land management plan standards in § 27-2416.5, Greenway Ownership and Maintenance, and approved by the Township and in conformance with the Lower Macungie Township Design Guidelines.

Greenway Land: Permanent Protection.

Whenever the landowner is providing greenway land as part of the development, a conservation easement restricting such greenway land in perpetuity against further subdivision or development shall be executed between the landowner and the municipality or a qualified land conservancy acceptable to the municipality. Deed restrictions may also be used in certain applications, in accordance with Subsection B below.

A. Conservation Easements. Conservation easements held jointly by at least two entities are required to protect greenway lands from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements: see § 27-2416.5A for detailed information.

B. Deed Restrictions. See § 27-2416.5B for detailed information.

Greenway Land: Ownership And Maintenance. See § 27-2416.6 for detailed information.

See § 27-2416.4 for more detailed information.

Heritage Preservation and Historic Structure Protection
1. Any site that contains a structure on the National Registry or is recognized in another fashion by the Commonwealth of Pennsylvania, Lehigh County or Lower Macungie Township shall comply with all provisions of this chapter. Additionally, where a land development is to occur on a proposed site, the existing structure shall be considered for preservation and/or adaptive reuse, if the current use ceases. Applications for land development shall include a feasibility study for preservation of the structure to be submitted to the Township for review.

A. Adaptive Reuse of an Existing Barn is Highly Encouraged. Where generally not permitted by right or by conditional use in the zoning district where an existing barn is, an adaptive reuse of such existing barn shall qualify for a conditional use in any zoning district at any time, for the following uses:

(1) Multiunit dwelling not to exceed four units.

(2) Low-impact office, medical, business or personal service established as approved by the Township.

(3) Craftsman or artisan studio, work space and gallery.

(4) Craft brewery, distillery or winery.

(a) If subject property is within a residential zone, at least a 150-foot structure setback from any residence in such residential zone is required.

(5) Ultralight manufacturing with no retail component.

(6) School or educational facility.

(7) Place of worship.

B. Adaptive reuse of existing barns or other historic structures to a single-family home shall be allowed by right.

C. Certain portions of Township subdivision and land development and Zoning Ordinances shall apply to any adaptive reuse of a barn or other historical structure, including:

(1) Parking requirements, per Township ordinance or via conditions of a conditional use approval.
(2) Lighting regulations, per Township ordinance or via conditions of a conditional use approval.
(3) Screening planting, per Township ordinance or via conditions of a conditional use approval.
(4) Hours of operation, per Township ordinance or via conditions of a conditional use approval.

2. Nonhabitable structures of historic nature or heritage significance, such as silos, windmills, limekilns, gristmills, towers, trestles, bridges, cemeteries, burial plots, stone foundations or ruins, shall be preserved, restored and incorporated into any proposed subdivision, land development, site plan or other regulated activity. Submitted plans shall show this preservation or reuse and be included in any submitted feasibility study to the Township.

Lighting
This section is enacted for the following purposes: see § 27-1805.1 for details.

Applicability. The requirements of this section shall apply to the following outdoor lighting installations:

A. Outdoor lighting installations which are newly designed, constructed, erected, or otherwise placed into operation after the effective date of this chapter.

B. Alterations, rehabilitations, or renovations to existing outdoor lighting installations, which are commenced after the effective date of this chapter, and which involve the complete replacement of an existing lighting system with a new lighting system.

C. Whenever a new outdoor light fixture replaces an outdoor light fixture that existed on the effective date of this chapter, the new fixture must meet the standards of this section.

Nonapplicability. The requirements of this section shall not apply to, nor be retroactive to, existing outdoor lighting installations which began operation before the effective date of this chapter. Routine maintenance of said existing outdoor lighting installations shall not be required to comply with the requirements of this section. Routine maintenance activities include the following:

A. Replacement of lamps that are burned out or inoperative.
B. Replacement or repair of damaged or inoperative fixture components, such as ballasts, ignitors, lenses, reflectors, refractors, sockets, or photocell controls.

Adoptions by Reference. See § 27-1805.4 for details.

Design Calculations in Accordance with the IESNA Lighting Handbook. In addition to the specific requirements established in this section, the design calculations for outdoor lighting installations shall be in accordance with the IESNA Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods and procedures, photometric classifications, and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.

Performance Standards and Design.

A. In all residential zones, any lighting used to illuminate an off-street parking area or other structure or area shall be arranged so as to deflect light away from any adjoining property or from the public street. The light source shall be downcast, hooded, shielded or controlled so as not to light adjacent property in excess of the maximum intensity as defined below.

B. Illumination of a driveway entrance near the intersection with a roadway is encouraged for the enhanced safety of motorists and pedestrians. However, lighting intensity and glare shall be limited to not be a distraction or nuisance to vehicles on the roadway or nearby properties. This applies to all zoning districts.

C. See § 27-1805.6C for detailed information about commercial and industrial zones.
D. See § 27-1805.6D for detailed information about illumination levels.

E. Intensity. No light source or combination thereof which casts light on a public street shall exceed a meter reading of one footcandle as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent residential property exceed 0.1 footcandle as measured at the property line or 1.0 footcandle on an adjacent nonresidential property.

F. Method of Measuring Light Intensity. The footcandle level of a light source shall be taken after dark with the light meter held six inches above the ground with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity.

G. Height. The maximum mounting height above the adjacent grade permitted for light sources mounted on a pole is 25 feet. A light source mounted on a building shall not exceed the height of the face of the building to which it is attached, and no light sources shall be located on the roof unless said light enhances the architectural features of the building, as approved by the Zoning Officer.

H. Location. The light source of an outdoor light fixture shall be set back a minimum horizontal distance equal to its height from each property line but in no case less than 10 feet from a street right-of-way and five feet from all side or rear lot lines.

I. Hours. Outdoor lighting which serves commercial or industrial uses that do not operate after dark must be turned off 1/2 hour after closing except for approved security lighting in accordance with the following § 27-1805.6.J. For those commercial or industrial uses that offer services after dark, outdoor lighting may be utilized during the nighttime hours, provided that the commercial or industrial use is open for service. Once the commercial or industrial use closes, the outdoor lighting must be turned off one hour after closing except for security lighting.

J. Security Lighting. In all zones, exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged and of sufficient illumination to enable the detection of suspicious movement rather than the recognition of definitive detail. For security lighting of grounds and parking lots, the level of illumination shall not exceed a maximum average illumination of 25% that level required in § 27-1805.6.D of this chapter. Security lighting for buildings/structures shall be directed toward the face of the building/structure rather than the area around it and shall not exceed a maximum illumination of five footcandles.

K. See § 27-1805.6K for information about illumination under outdoor canopies.
L. See § 27-1805.6L for information about billboards and signs.
M. See § 27-1805.6M for information about outdoor recreation.

Prohibitions. No search lights, flashing lights or lights that may cause a hazard by impairing driver's vision shall be permitted.
Exemptions. See § 27-1805.9 for details.

See § 27-1805: Lighting for more detailed information.

Maximum Height of Buildings
A. No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter, except that such standard shall not apply to farm structures, silos, water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

B. This exemption from structural height limitations shall be allowed only if these structures would not significantly diminish the solar access of other properties, especially uses at least partially dependent on passive or active solar energy for heating or other needs.

C. All uses are subject to any applicable regulations of the Federal Aviation Administration and the Pennsylvania Aviation Administration regulating the heights or structures within proximity of any airport. Any structure designed to have a height of 150 feet or more above ground level must be approved by the Federal Aviation Agency and a written statement of approval must accompany the permit application.

Minimum Acreage for On-Lot Sewage Disposal
No new principal uses shall be placed on parcels of less than one acre without public sewer and water connections.

Minimum Lot Area and Lot Area per Dwelling Unit
Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in § 27-1701, Subsection 4.

Minimum Lot Width
A. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than that which is specified in the section entitled, "Lot Area, Width, Building Coverage, Height Regulations," for the appropriate zoning district except as may be permitted by § 27-1701, Subsection 4.

B. The lot width for a single-family semidetached dwelling and end units of a single-family attached dwelling shall be measured from the side lot lines to the centerline of the wall in common with an adjoining dwelling.

Mobile Home/Manufactured Housing Siting
1. All mobile home placements on an individual lot shall occur in accord with the following provisions:

2. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.

3. The stand shall be constructed from material sufficient to adequately support the mobile home and prevent abnormal settling or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-down such as concrete "dead-men," screw augers, arrowhead anchors, other devices suitable to withstand a tension of at least 2,800 pounds.

4. After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed if feasible, and there shall be a skirt installed around the base of the unit.

Multiple Uses
A. No more than one principal residential use shall be permitted on a single lot or parcel unless specified otherwise by this chapter. For purposes of this chapter, mixed-use and multifamily buildings shall be considered principal uses.

B. Multiple uses in a single structure are permitted in the Commercial, Wescosville Commercial, Highway Commercial, Industrial, Highway Enterprise, Highway Industrial- Spring Creek, Spring Creek Commercial, ORLIC and all East Texas Village Zones as long as all parking requirements and all other provisions of this chapter are complied with.

C. Any residential dwelling unit in such multiple-use structure shall have a minimum of 600 square feet.

Naturalization Required
1. Any proposed new or retrofitted stormwater basin, swale or other stormwater structure or BMP shall be installed to a naturalized state as currently accepted by best environmental science standards. A naturalized state shall constitute avoidance of excessive earth moving or destruction of natural amenities, utilization of natural materials such as rock and stone in lieu of poured concrete, the planting of native grasses and wildflowers for ground cover and the installation of native trees, bushes, shrubs and other perennials to absorb site-based sheet flow and other stormwater run-off.

A. Areas with naturalized planting of native grasses and wildflowers shall only be mowed biannually and with notification provided to the Township in advance.

B. Areas with naturalized planting of native grasses and wildflowers shall be kept free of invasive weeds and noxious plants.

C. Areas with naturalized planting of native grasses and wildflowers shall be kept free of garbage, rubbish and waste. Any observed dumping shall be cleared within five days.

D. All plantings shall consist of a seed mix or planting schedule approved by the Township.

2. Areas of passive open space shall either be converted to native meadow or planted for reforestation. Passive trails and paths with appropriate accessories shall be permitted in these spaces when approved by the Township and have a manicured lawn buffer of five feet on each side before commencement of naturalized area, excluding any riparian buffer area.

A. Areas with naturalized planting of native grasses and wildflowers or trees shall only be mowed biannually and with notification provided to the Township in advance.

B. Areas with naturalized planting of native grasses and wildflowers or trees shall be kept free of invasive weeds and noxious plants.

C. Areas with naturalized planting of native grasses and wildflowers or trees shall be kept free of garbage, rubbish and waste. Any observed dumping shall be cleared within five days.

D. No trees planted for reforestation shall be felled unless they meet the provisions of this section.

E. All plantings shall consist of a seed mix or planting schedule approved by the Township.

3. All property and lands in the township shall responsibly manage dangerous or toxic vegetation and be kept free and clear of any noxious vegetation listed in the Commonwealth of Pennsylvania's noxious weeds list, all vegetation listed as invasive by the Commonwealth of Pennsylvania and all bamboo species, including but not limited to Bambusa, Phyllostachys, and Pseudosasa, and including common bamboo, golden bamboo and arrow bamboo (collectively, "bamboo").

A. Properties that have existing bamboo planted prior to the passage of this section shall be exempt from this prohibition, but must install plastic or sheet metal borders no less than 12 inches deep and protruding six inches high, into and above the ground around existing bamboo to impede further spread of the plant.

Nonconformities
Purpose.
This Part is intended to recognize the property rights of owners of nonconforming structures and uses to the extent required by law, while also recognizing the legitimate desire of the Township to minimize nonconformities, since they are in derogation of the comprehensive planning scheme reflected in this chapter.

Continuation.
The lawful use of any structures or land existing at the effective date of this chapter may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this chapter.

Expansion and Extension.

1. Nonconforming Lots. A building may be constructed on any lot which was lawful when created and which prior to the effective date of this chapter was in separate ownership and duly recorded by plan or deed.

2. Nonconforming Uses and Structures. Nonconforming uses and structures shall not be extended or enlarged, except in accordance with the following provisions:

A. Such extension, expansion or enlargement shall be permitted only upon approval by the Zoning Hearing Board obtained as follows:

(1) Before any extension or enlargement of a nonconforming use or structure, the applicant shall file a request therefor with the Zoning Officer, who shall make a determination whether the proposal is an extension, expansion or enlargement thereof. The Zoning Officer's determination shall then be appealed to the Zoning Hearing Board in the manner provided in § 27-2604.5A to obtain approval for such extension, expansion or enlargement.

(2) Alternatively, the Zoning Officer shall initiate an enforcement proceeding in accordance with § 27-2611 of this chapter, whenever it appears that any nonconforming use or structure has been extended, expanded or enlarged without approval as provided herein. To obtain the approval for such extension, expansion or enlargement, the Zoning Officers action shall be appealed to the Zoning Hearing Board in the manner provided in § 27-2604.5A.

B. The Zoning Hearing Board shall consider by special exception and approve the extension, expansion or enlargement of the use or structure only if it is clearly shown that:

(1) The extension, expansion or enlargement will be no more detrimental in its external effects to its neighborhood and surroundings than the existing nonconforming use with respect to its:

(a) Relationship to the adjacent and nearby existing land uses.
(b) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) Volume, type and intensity of storage and waste disposal occurring on the lot.
(d) Hours and manner of operation.

(2) The resulting structure does not exceed 125% of the gross floor area of the nonconforming structure at the time the structure first became nonconforming, or the floor area committed to the resulting use does not exceed 125% of the gross floor area committed to the use at the time the use first became nonconforming.

(3) Setbacks.

(a) The front, rear and side yard setbacks after the expansion or extension do not diminish the current setbacks.
(b) The existing setbacks are not themselves established through the grant of variances or other zoning relief.

Restoration.
1. A nonconforming structure wholly or partially involuntarily damaged or destroyed by fire, explosion, windstorm or other similar causes or a nonconforming structure which has been legally condemned may be reconstructed in the same location and used for its existing use provided that:

A. The reconstructed structure shall not exceed in height, area and volume the structure that was destroyed or condemned.

B. The reconstruction of the structure shall be commenced within one year of the date the structure was destroyed or condemned and shall be completed within 2 1/2 years after such commencement of construction.

Abandonment.
Whenever a nonagriculrural nonconforming use has been discontinued, voluntarily or involuntarily, for a continuing period of one year or more, there shall be rebuttable presumption that the use has been abandoned and, therefore, subsequent use shall be a conformity with the provisions of this chapter. An agricultural nonconforming use shall be rebuttably presumed to be abandoned if it has been discontinued or ceased to operate for a continuing period of five years. A change in a use by either permit or land development approval shall constitute an abandonment of the prior use, effective immediately.

Changes in Nonconforming Uses.
1. A nonconforming use may be changed to another nonconforming use only under the following conditions:

A. Such change shall be permitted by Special Exception only upon and approval by the Zoning Hearing Board, obtained in the same manner as provided in § 27-2503.2A, and § 27-2604.5A, of this chapter.

B. Such approval shall be granted only if:

(1) The proposed change shall be no more detrimental to its neighborhood and surroundings than the existing nonconforming use with respect to its:

(a) Traffic generation and congestion, including truck, passenger vehicle, and pedestrian traffic.
(b) Relationship to the adjacent and nearby existing land uses.
(c) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(d) Volume, type and intensity of the storage and waste disposal occurring on the lot.
(e) Hours and manner of operation.

(2) The proposed use will be conducted entirely within a building.

(3) Any building containing the original nonconforming use cannot be reasonably modified to contain a conforming use.

District Boundaries.
Whenever the boundaries of a district shall be changed so as to transfer a lot, parcel or tract of land, or portion thereof from one district to another, the foregoing provisions shall also apply to any nonconforming use or structures created therein.

Repairs and Maintenance.
1. Normal maintenance and repairs of a building or other structure containing a nonconforming use are permitted, provided such maintenance and repairs does not extend, expand or increase the floor area occupied by the nonconforming use.

2. If more than 50% of the structural components of a nonconforming building or structure, or of a building or structure containing a nonconforming use, are destroyed, the nonconformity of the building structure, or use shall not be reestablished unless approval of such nonconformity is obtained from the Zoning Hearing Board as provided in § 27-2503.1 or 27-2506 and in § 27-2604.5A of this chapter.

Open Space Neighborhood Development
1. Purpose. See § 27-2416.1 for detailed information.

2. Total Dwelling Units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans. All overall site design shall comply with Township subdivision and land development Ordinance prior to any further lotting design as prescribed below:

A. Maximum number of dwelling units permitted in Section 104.E. where the calculated number of units shall be determined via provisions of the Township subdivision and land development (SALDO), Chapter 22A via Table 104.D

B. For the avoidance of doubt, upon completion and design by utilizing Table 104.E and observing all other requirements of this section and SALDO including necessities for environmental features and the like; actual densities shall be as follows for each zoning district under by-right provisions for open space neighborhoods:

(1) R-Rural: 0.40 du/acre.
(2) SR-Semi-Rural: 1.5 du/acre.
(3) S-Suburban: 2.0 du/acre.
(4) U-Urban: 6.0 du/acre.

C. Any additional units permitted as the result of the discretionary density bonus.

3. Density and Land Use.

A. Number of Units Permitted.

(1) By right option, the maximum number of dwelling units shall be determined by a layout with conventional lotting using the dimensional standards in Table 104.E. The number of units permitted in the conservation subdivision shall equal the number of units on the yield plan, provided it meets the requirements of this section and all sections of the subdivision and land development Ordinance applicable to conventional lotting. 40% of the site must be set aside in greenway land in the Rural Zone and 35% required in all other zones except the Urban Zone, which shall be 30%.

B. See § 27-2416.3B for information about yield plans.

C. Design Standards. Dwelling units shall be designed and constructed in a manner that conforms to Exhibit A: Lower Macungie Township Design Guidelines in order to promote excellence in development and preservation of architectural character and heritage of the Township and Western Lehigh County. Additional design provisions shall apply as follows:

(1) The following unit types in a proposed development shall be permitted in each zoning district:

(a) R-Rural: single-family detached dwellings.

(b) SR-Semi-Rural: single-family detached dwellings with up to 30% single-family detached dwellings.

(c) S-Suburban: single-family detached dwellings comprising of at least 50% of all dwelling units, single-family semidetached dwellings at no more than 50% of all total dwelling units.

(d) U-Urban: All dwelling unit type permissible, including single-family detached dwellings, semidetached single-family dwellings, attached single-family dwellings (townhomes) and multifamily dwelling units (apartments).

(2) Dwelling units abutting existing neighborhoods shall conform to the dwelling types of the adjacent neighborhood/development.

(3) Habitable front porches at least six feet in depth shall be required on a minimum of 50% of all single-family homes and semidetached single-family home dwelling units. Front porches may extend six feet into the required front yard setback.

(4) Townhome dwelling structures shall not have any front-loading garages facing onto a street.

(5) Front-loading garages on any single-family home or semidetached single-family home dwelling units shall be recessed at least five feet from the main entry and the rest of the structure and include architectural enhancements.

(6) A variety in design of dwelling unit types/models should be programmed for execution into any proposal or application.

D. Preservation of Historic Dwellings and Structures. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the maximum number of dwelling units referenced above, provided:

(1) Such dwellings are at least 75 years old;

(2) The dwelling is preserved in accordance with the Secretary of the Interior standards; and

(3) The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Township.

(4) Other accessory structures such as barns and the like are restored and preserved, or redeveloped per Township ordinance. These structures may also be converted into dwelling units that will not count towards the maximum count. A barn may be lawfully converted into a maximum of four unit dwelling units under the provisions of this chapter.

See § 27-2416: Open Space Neighborhood Development for more detailed information.

Outdoor Storage Control
1. Except as permitted under Part 12, no flammable or explosive liquids, solids, or gasses shall be stored in bulk above the ground except for tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.

2. All permanent outdoor storage facilities for fuel, raw materials, and products stored outdoors, including those permitted in Subsection 1 above, shall be enclosed by a fence of a type, construction and size as shall be satisfactory to the Township to protect and conceal the facilities from any adjacent properties. Fences shall not only encompass the question of safety, but also of screening and the screening shall preferably be evergreens. Anything less than one year is considered temporary.

3. No materials or wastes shall be deposited upon a lot in such form or manner so as to permit transportation off of the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

4. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

Permitted Uses By Right
Certain Uses by Right That Are Subject to Specific Additional Regulations.

1. Certain uses by right are subject to specific additional criteria beyond the criteria set forth for uses by right in general for a particular zoning district, as set forth in this chapter.

A. The Zoning Officer shall determine whether such specific additional criteria for such uses by right are met by an application that is not associated with an application for a conditional use, an application for a variance, an application for a special exception use, or an application for a subdivision or land development.

B. The Planning Commission shall recommend to the Board of Commissioners whether such specific additional criteria for such uses by right are met when associated with an application for a conditional use or an application for a subdivision or land development.

C. The Zoning Hearing Board shall determine whether such specific additional criteria for such uses by right are met when associated with an application for a variance or an application for a special exception.

Planned/Coordinated Commercial and Industrial Development 1. Two or more commercial or industrial structures permitted in a particular zoning district may combine as a coordinated development subject to the following requirements:

A. The minimum lot size for any commercial or industrial development shall be two acres.

2. All development shall occur as part of a unified site plan with high-quality architectural schemes that are complimentary. A project design companion including, but not limited to, a coordinated set of drawings and reference photographs, shall be prepared and submitted for buildings, street views, landscaping, architecture design and pedestrian access and vehicular circulation. The design guidelines shall include, but are not limited to:

A. Architectural and landscaping standards.
B. Sign package.
C. Exterior building elevations including materials and facade treatments.
D. Sidewalks, crosswalks, streetscape and buffer areas, all fences and walls.
E. Screening of all parking areas.
F. Lighting, meeting the requirements of § 27-1805.
G. All other amenities proposed within the development such as outdoor seating areas, pavilions, gazebos, benches, trash receptacles and the like.

3. New development or uses shall respect the existing businesses, structures and character of the area in and around the development. Any new designs shall incorporate surrounding styles, uses and development schemes to create harmonious and cohesive neighborhood or development patterns utilizing high-value engineering and high-quality materials.

4. No less than 50% of the ultimate coordinated commercial development or coordinated industrial development, measured as a percentage of the gross floor area, shall be constructed upon issuance of building permits. No certificates of occupancy shall be issued for any use or structure within the development until at least 75% of the site is constructed or under substantial construction.

A. All structures and amenities shall be designed in accordance with the approved land development plan and the approved project design companion to the review and written satisfaction of the Township prior to issuance of building permits.

5. Structures may Either be Joined by Common Walls, or may be Separated. In either event, the entire coordinated development shall be considered as a single parcel, without regard to ownership. Driveways and parking areas shall be available to all structures through cross easement agreements which assure adequate parking and access in accordance with Part 23 hereof. Applicants may exercise shared parking options as set forth in this chapter with demonstration of compliance submitted and reviewed to the satisfaction of the Township.

6. All layout and design components of a proposed development shall provide for generous pedestrian interconnectivity between structures and site users. These sidewalks or pathways shall be shown on all development plans and within the project design companion for the proposed site.

Preservation of Trees and Forests
1. During site design, every attempt shall be made to avoid placement of roads, driveways, structures, on-lot sewage treatment or stormwater management facilities in the location of any tree or groups of trees with a diameter of six inches or more (measured at a height of four feet above grade). Should no other feasible option be available, it shall be clearly demonstrated in plans that shall be reviewed and may be approved by the Township. Trees listed as invasive by the Commonwealth of Pennsylvania shall be exempt from this requirement.

2. All trees with a diameter of six inches or more (measured at a height of four feet above grade) shall not be removed as part of construction or initiation of land use unless they are located within an approved portion of public or private road right-of-way or driveway, within a proposed stormwater basin or within a building foundation footprint as approved by the Township, on-lot sewage treatment, or they are diseased or pose a clear danger or risk to a building. Any other tree removal shall comply with § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting.

3. During construction, trees greater than six inches in diameter shall be protected and not injured or removed due to construction-related activity. Fencing of at least four feet in height shall be established at the edge of the tree dripline to ensure protection of the trunk and root system during establishment of erosion and sedimentation controls.

4. All screen plantings and buffers should incorporate existing natural woodland area and trees per § 27-1803: Buffer Yards.

5. Any tree of six inches or more in diameter severely damaged by disease, rot, infestation, weather or fire shall be exempt from the provisions of this section after photographic documentation and reasonable efforts have been demonstrated to the Township to preserve the tree.

6. Any tree of six inches or more in diameter felled from a site shall be restored with a replacement tree of the same or similar species of at least 2.5 inches in caliper if deciduous and eight feet in height if evergreen and in further compliance of § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting Regulations.

7. The removal of any trees for forestry, logging or other similar purposes shall comply with § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting.

8. All existing sycamore trees on Hamilton Boulevard shall be preserved. Any proposal for land development, conditional use, site plan or other regulated activity shall incorporate these trees into any plan or application submitted to the Township.

Projections into Required Yards

A. Cornices, eaves, sills or other similar architectural features, exterior stairways or other means of egress, chimneys or other similar structures that do not include space habitable by persons may extend or project into a required yard not more than two feet, except as may be required in a drainage and/or utility easement. Unenclosed front porches may extend five feet into any required front yard.

B. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

Protection of Wetlands, Surface Waters and Riparian Areas
A zero disturbance riparian buffer area of 75 feet shall be established from any edge of the following resource area features:

A. Delineated wetland.
B. Confirmed vernal pool.
C. Naturally occurring pond or lake.
D. Man-made pond, lake that has been undisturbed for more than 10 years, excluding features on residential lots.
E. The Little Lehigh Creek or Swabia Creek.
F. Any tributary brook, run, stream or creek of the Little Lehigh Creek, Swabia Creek or Cedar Creek.

Specifically prohibited uses within the zero disturbance riparian buffer area.
See § 27-1907.4A for a list of prohibited uses.

Only the following activities shall be permitted in the zero disturbance buffer area:

A. Bridges, trails, storm sewer piping and state-regulated utilities that meet the standards of this chapter are permitted within the buffer provided that an alternatives analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place.

B. Fishing or water access clearances as accepted by current best environmental science practices and submitted for review and approval by the Township.

C. Stream restoration projects and activities as accepted by current best environmental science practices and submitted for review and approval by the Township.

D. Horticulture practices used to maintain the health of vegetation in the riparian buffer.

E. Removal of nonnative vegetation, trees in danger of falling, causing damage to dwellings or other structures, or blockage of a watercourse or fallen trees and other debris.

F. Agricultural uses existing at the time of adoption of this section with best management practices (BMPs) utilized.

Permitted activities in the riparian buffer setback shall include: lawns, accessory structures, roads, driveways, trail, paths, utilities, passive outdoor recreation and education facilities provided that they do not cause aforementioned negative impacts as set forth by this section.

In the case that such disturbance of the riparian setback and resource area is the subject of a subdivision, land development or site plan, a Pennsylvania Natural Diversity Inventory (PNDI) search shall be conducted and a report compiled and submitted as part of submission to the Township.

Example of required zero disturbance zone and FEMA floodplains:

Rights-of-Way Width for Roads, Establishment of Future
1. Minimum rights-of-way widths are established for those roads wherein the existing right-of-way is less than that indicated below for the particular class of road.

2. The ultimate rights-of-way shall be measured from the centerline of the existing road. All front yards and other appropriate yards shall be measured from the ultimate right-of-way line. The specific classification of each road is shown on the official road classification plan which is hereby incorporated into and made a part of this chapter.

3. Streets are classified as follows:

A. Arterial Road. Designed for large volumes and high-speed traffic with access to abutting properties restricted.

B. Collector Road. Designed to carry moderate to large volumes of traffic to intercept local (residential, commercial and industrial) streets, to provide routes to arterial roads and to community facilities, and to provide access to the abutting properties.

C. Local Street. Designed to provide access to the abutting properties and a route to collector roads.

4. Right-of-Way Widths.

Widths	Minimum Right-of-Way (feet)
Arterial road	100
Collector road	80
Local street	50

5. Clear Sight Triangle.

A. A clear sight triangle shall be provided at street intersections to ensure that traffic passing through the intersection has adequate sight distance to see and yield to approaching emergency vehicles. Such sight triangles shall be in accordance with the latest edition of AASHTO "A Policy on Geometric Design of Highways and Streets" and shall vary based upon the speed limit of the roadway as specified below: see table for detailed information.

B. The distances specified above shall be measured as detailed in the schematic below. Clear sight triangles as specified herein shall not apply to driveways. Clear sight triangles for other conditions on roadways and driveways shall be as specified by the subdivision and land development Ordinance [Chapter 22A] of Lower Macungie Township, which requirements shall be in addition to the requirements of this section as applicable.

Set Back Lines and Building Restriction Lines
Side and rear yards are in addition to buffer yards except as provided in § 27-1803 and are measured from the ultimate right-of-way line.

Sewage Waste Treatment and Disposal Control
All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection and in accordance with the sewage plan for the Township of Lower Macungie. All methods of sewage and waste treatment and disposal shall be in accordance with Chapter 22A of the Lower Macungie Township Code of Ordinances, specifically §§ 22A-706 and 22A-806 as they relate to sanitary sewage disposal standards.

Side and Rear Yard Requirements
Where a minimum width of side yard is specified, no building, structure or tennis court shall be erected within the specified distance from either side lot line, except accessory uses as specified in § 27-1708. Side and rear yards are in addition to buffer yards except as provided in § 27-1803. Lots with a rear yard also facing upon a street shall comply with all double frontage specifications and requirements within this chapter.

Solar Energy Facility
A solar energy facility may be erected as long as it meets the applicable requirements of this chapter, all other applicable construction codes and the following criteria:

A. A solar energy facility shall have a twenty-foot buffer yard along the side and rear lot lines that shall comply with § 27-1803 of this chapter.

B. Each solar panel contained in a solar energy facility shall comply with this chapter, except that a solar energy facility may be used for the sale of energy to other users.

C. On or before January 1 of each calendar year, the owner of a parcel of property upon which a solar energy facility is located shall provide the Township with: (1) the name of the certified operator of the solar energy facility; (2) the inspection protocol; (3) the emergency procedures and contact information; and (4) general safety documentation.

D. A solar energy facility shall be permitted only on a parcel of property that is larger than 10 acres in size. Any required on-site parking is allowed if spaces can be achieved underneath solar panels.

E. Land development applications are required.

F. Any mechanical equipment shall be screened by a fence or dense vegetation subject to approval of the Zoning Officer.

G. The maximum height for a solar panel, which shall be measured from the lowest elevation of the ground beneath the panel to the highest portion of the panel, shall not exceed 20 feet, unless there is parking provided underneath.

H. The ground surface below the solar panels shall be maintained with ground cover or other surface to prevent soil erosion, except where parking is provided underneath.

Spacing of Nonresidential Buildings on the Same Lot
Where two or more principal buildings for other than residential uses are proposed to be built upon property in one ownership, they shall be separated by 50 feet side/rear yard setback.

Steep Slopes
1. Determination of Areas of Steep Slope. Areas of steep slopes with slopes of 15% or greater, as shown on the overlay map, were taken from 7.5 minute series quadrangle sheets of the U.S. Geological Survey. Field survey information of greater accuracy may be submitted by the applicant, and, if accepted by the Township Engineer, may be utilized for purposes of this section in lieu of the Township map.

2. Regulation for Areas of Steep Slope. Upon determination that the lot under consideration is partially or wholly an area of steep slope, the following regulations shall apply:

A. Where (1) the lot only partially is a steep slope, (2) there are no earthmoving activities or removal of vegetation proposed for the steep slope portion of the lot, and (3) Pennsylvania Department of Environmental Protection's standards for on-lot sewage disposal will be met on other soils of the lot, only the requirement contained in other sections of this chapter for the use proposed for the district in which the lot lies shall be applied.

B. Where the slope of the construction area is 15% or greater, the minimum lot size shall be two acres. If the minimum lot area requirement is two acres, the lot width, maximum building height and minimum yard of the R-Rural District (§§ 27-506 and 27-507) shall apply. The maximum building coverage is 5%.

(1) Construction area shall mean the area to be occupied by the main building, any accessory building or structure and any on-site sewage disposal facility and the area within 15 feet surrounding all such areas, as well as any other areas of a building lot which are disturbed by earthmoving. The area to be occupied by the driveway and parking spaces shall not be considered included within the construction area if less than 25% of the area occupied by the driveway and parking spaces is more than a natural slope of 15%.

(2) The slope of the construction area shall be the algebraic average of the average slopes taken at ten-foot intervals perpendicular to the existing contours across the entire construction area.

C. Any construction on lots with slopes in excess of 15% (1) requires the submission of grading, stormwater and soil erosion plans acceptable to the Township Engineer showing the manner in which the builder will limit soil erosion and sedimentation to the minimum feasible; (2) may not necessitate the removal of any tree in excess of six-inch caliper, measured at a height of four feet above mean ground level except in the space to be occupied by a structure, septic system, or driveway, or within 15 feet thereof.

Wind Energy Facility
A wind energy facility may be erected as long as it meets the applicable requirements of this chapter, all other applicable construction codes and the following criteria:

A. Each wind turbine contained in a wind energy facility shall comply with this chapter, except that a wind energy facility may be used for the sale of energy to other users and the maximum height of each wind turbine shall be the maximum building height as permitted in the district where the wind turbine is located.

B. A wind energy facility shall have a twenty-foot buffer yard along the side and rear lot lines that shall comply with this chapter.

C. A security fence measuring at least six feet in height shall be erected around the perimeter of a wind energy facility.

D. On or before January 1 of each calendar year, the owner of a parcel of property upon which a wind energy facility will be located shall provide the Township with: (1) the name of the certified operator of the wind energy facility; (2) the inspection protocol; (3) the emergency procedures and contact information; and (4) general safety documentation.

E. A wind energy facility shall be permitted only on a parcel of property that is larger than 10 acres in size.

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MapLink™ | General Requirements

This site is under active development. Got it!

Township of Lower Macungie, PA

MapLink™ | General Requirements