Zoning Officer; duties and powers.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Board of Supervisors.
A. Appointment and powers.

(1) For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed.
(2) The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning.
(3) The Zoning Officer shall administer this chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.
(4) The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.
(5) It shall be the duty of the Zoning Officer, and he shall have the power to:

(a) Receive and keep a record of all applications for zoning permits.
(b) Process zoning permit applications.
(c) Issue permits only where there is compliance with the provisions of this chapter, with other Township ordinances, and with the laws and regulations of the Commonwealth of Pennsylvania and the United States of America. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by the Board of Supervisors shall be issued only after receipt of approval from the Board of Supervisors.
(d) Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
(e) Following refusal of a permit, to receive applications for interpretation, appeals and variances and forward these applications to the Zoning Hearing Board for action thereon.
(f) Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
(g) Institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation so as to prevent the occupancy or use of any building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(h) Revoke, by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this chapter.
(i) Issue enforcement notices, to order and require the abatement forthwith or otherwise of a violation of the provisions of this chapter.
(j) Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans and documents shall be public records.
(k) Maintain a map or maps showing the current zoning classification of all land in the Township.
(l) Prepare and maintain a list of nonconforming uses when directed to do so by the Board of Supervisors.
(m) Upon the request of the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, present facts, records or reports to assist such body in making decisions.
(n) Be available to testify in all proceedings before the Zoning Hearing Board to present facts and information to assist the Zoning Hearing Board in reaching a decisions.

Enactment of zoning amendments.
1. The Board of Supervisors may amend, supplement or repeal any of the regulations and provisions of this chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in Section 607 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10607, shall be followed.
2. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. All other posting and notification requirements of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10607, shall be met.
3. In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
4. If after any public hearing held upon an amendment the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5. At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the county planning agency for recommendations.
6. Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the county planning agency.
Procedure for landowner curative amendments.
1. A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map, or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency as provided in Section 609, and notice of the hearing thereon shall be given as provided in Sections 610 and 916.1 of the MPC, see 53 P.S. §§ 10609, 10610, and 10916.1, respectively.
2. The hearing shall be conducted in accordance with Section 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Board of Supervisors. If the Township does not accept a landowner's curative amendment brought in accordance with this subsection, and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and the Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3. The Board of Supervisors, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities.
B. If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this chapter or Zoning Map.
C. The suitability of the lot for the intensity of use proposed by the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features.
D. The impact of the proposed use on the lot's soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts.
E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

Procedure for Township curative amendments.
1. If the Township determines that this chapter, or any portion hereof, is substantially invalid, it shall take the following actions:

A. The Township shall declare by formal action this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days of such declaration and proposal the Board of Supervisors shall:

(1) By resolution make specific findings setting forth the declared invalidity of this chapter which may include:

(a) References to specific uses which are either not permitted or not permitted in sufficient quantity;
(b) Reference to a class of use or uses which requires revision; or
(c) Reference to this entire chapter which requires revisions.

(2) Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.

B. Within 180 days from the date of the declaration and proposal, the Township shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions of Section 609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10609, in order to cure the declared invalidity of this chapter.
C. Upon the initiation of the procedures as set forth in Subsection A, the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under Section 909.1 or 916.1 of the MPC, 53 P.S. § 10909.1 or 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1). Upon completion of the procedures set forth in Subsections A and B, no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.

2. The Township, having utilized the procedures set forth in this section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment or reaffirmation of the validity of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania appellate court decision, the Township may utilize the provisions of this section to propose a curative amendment to this chapter to fulfill said duty or obligation.

Enforcement notice.
1. If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided herein.
2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3. An enforcement notice shall state at least the following:

A. The name of the owner of record and any other person against whom the Township intends to take action.
B. The location of the property in violation.
C. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.
F. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.

Causes of action.
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
Enforcement remedies.
1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township 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 Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
3. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
4. Magisterial District Judges shall have initial jurisdiction over proceedings brought under this section.

Authority.
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[2] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry.

1. The intent of this part is to:

A. Promote the general health, welfare, and safety of the community.
B. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. Minimize danger to public health by protecting water supply and natural drainage.
D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E. Comply with federal and state floodplain management requirements.

Applicability.
1. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Lower Southampton Township unless a permit has been obtained from the Floodplain Administrator.
2. A permit shall not be required for minor repairs to existing buildings or structures.
Definitions.
See § 27-1503: Specific definitions for definitions pertaining to floodplain management.
Abrogation and greater restrictions.
This part supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this part, the more restrictive shall apply.
Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this part shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this part, which shall remain in full force and effect, and for this purpose the provisions of this part are hereby declared to be severable.
Warning and disclaimer of liability.
1. The degree of flood protection sought by the provisions of this part is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This part does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
2. This part shall not create liability on the part of the Lower Southampton Township or any officer or employee thereof for any flood damages that result from reliance on this part or any administrative decision lawfully made thereunder.

Designation of Floodplain Administrator.
1. The Zoning Officer is hereby appointed to administer and enforce this part and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

A. Fulfill the duties and responsibilities set forth in these regulations;
B. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
C. Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.

2. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
3. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Chairman of the Board.

Purpose.
The purposes of this chapter are the promotion of the public health, safety, morals or the general welfare, and:
A. To promote, protect and facilitate the public health, safety and general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations; the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use; as well as preservation of the natural, scenic and historic values of the environment and preservation of forests, wetlands, aquifers and floodplains.
B. To prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers in accordance with an overall program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
C. To provide standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.
D. To provide methods to implement Article I, § 27 of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, pure water and to the preservation of the natural, scenic, historic and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound and, therefore, are the common property of all the people, including generations yet to come, and must be protected to ensure the health, safety and welfare of all the people.
E. To provide for the use of land for commerce, industry, institutions and residential housing of various dwelling types and reasonable overall community growth.
F. To regulate the growth of the Township.
G. To lessen the danger and congestion of traffic on the roads and highways.
H. To protect the Township's historic buildings and historic resources.
I. To give effect to policies and proposals of the Comprehensive Plan of Lower Southampton Township of current adoption.

(1) To protect the natural environments.
(2) To provide a variety of housing opportunities.
(3) To help maintain the tax base.
(4) To provide and maintain efficient public services and facilities.
(5) To maintain and enhance the transportation system.
(6) To maintain and enhance the character of Township neighborhoods.
(7) To enhance the historic integrity of villages and protect historic resources.

J. To encourage practices that save energy, reduce harmful environmental impacts, reduce reliance on fossil fuels, and encourage "greener" practices in overall community development.

Compliance.
All uses and activities established after the effective date of this chapter shall comply with the following standards.

Noise.
All uses and activities shall comply with the Township Noise Ordinance.

Smoke.
No smoke shall be emitted from any chimney or other source of visible gray opacity.

Dust, fumes, vapors and gases.

1. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
2. No use shall emit odorous gases or other odorous matter in such quantities as to be detectable at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I, Odor Thresholds in Air, "Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals," October 1968 or most recent edition, Manufacturing Chemists Association, Inc., Washington, D.C.
3. No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grams per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
 

Heat.
No use shall produce heat perceptible beyond its lot lines.

Vibrations.
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.

Buffer yards.
1. A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained in the following locations:

A. Between any nonresidential district and any residential district or residential use;
B. Between any multifamily residential use or mobile home park use and any other residential district or residential use;
C. Or for any other use required by Part 14, Use Regulations, to provide a buffer.

2. The buffer shall be planted along the property lines and may be located within the required side or rear yard setbacks. Additional plantings may not be required where existing planting, topography or man-made structures are deemed acceptable for screening purposes by the Board of Supervisors.
3. The buffer yard shall be measured from the district boundary line, property line or from the near street line where a street serves as the district boundary line.
4. The buffer yard may be coterminous with required front, side or rear yards and, in case of conflict, the larger yard requirements shall apply.
5. No structure, manufacturing or processing activity or storage of materials shall be permitted in the buffer yard; buffer yards shall be maintained as green, planted open spaces.
6. To the extent the buffer yard regulations contained in § 22-5225 of Chapter 22: Subdivision and Land Development, exceed the regulations contained in this part, the regulations in the Subdivision and Land Development Ordinance shall be applicable herein.

Storage and waste disposal.
1. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except 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 outdoor storage facilities for fuel, raw materials and products and of fuel, raw materials and products stored outdoors shall meet any applicable federal or state safety requirements.
3. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, 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 which are adequate to eliminate such hazards.

District regulations.
The regulations for each district pertaining to maximum overall density, minimum lot area, minimum lot are per dwelling unit; minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum height, maximum impervious surface, and maximum building coverage are set forth for each district. No principal building or use shall be erected or established except as permitted in the appropriate part of this chapter for the district involved.

Lot area.
1. 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 by the terms of this chapter.
2. The lot area and yards required 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 and 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.

Minimum lot width.
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 is specified, except as may be permitted by the terms of this chapter.

Exceptions to minimum lot areas and lot widths.
1. The provisions of this chapter shall not prevent the construction of a single-family dwelling, 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, provided that such lot is not less than 7,000 square feet, and provided it is permitted by special exception by the Zoning Hearing Board in accordance with this chapter.
2. This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter in any case where a reparceling or replatting could create one or more lots which would conform to the above provisions.

Traffic visibility at corners.
1. The following clear sight triangles shall be provided and maintained at all intersections as measured in all directions from center-line intersections. No existing or proposed structures or plantings between two feet and seven feet above road center line shall be permitted in the clear sight triangle area.

A. For fifty-foot rights-of-way or less: seventy-five-foot clear sight triangle.
B. For greater than fifty-foot rights-of-way: one-hundred-thirty-foot clear sight triangle.

2. At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet, measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above street grade.

Spacing of nonresidential buildings on same lot.
Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership, front, side and rear yards are required only at lot lines abutting other property.

Front yard regulations.
1. No building or structure shall be built within the minimum depth from the front of the lot line. For purposes of this section, driveways, required utility facilities and light standards shall not be considered structures.
2. Where other requirements of this chapter or Chapter 22: Subdivision and Land Development, require a larger front yard setback, the larger dimension shall apply.
3. Projections into front yards. Ground-story bays and porches not over half the length of the front wall may project into any front yard 3 1/2 feet. Chimneys, flues, columns, sills and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard.

Side yard requirements.
1. Where a minimum width of side yard is specified, no building or structure shall be erected within the specified distance from either side lot line, except as permitted by this chapter. This shall not include required utility facilities.
2. Projections into side yards. Bays, balconies, chimneys, flues, fire escapes may project into a required side yard not more than 1/3 of its width and not more than four feet in any case. Ground-story bays and porches not over half the length of the side wall may project into any side yard 3 1/2 feet.
3. Fences and terraces in side yards. Side yard requirements shall not apply to fences, hedges or walls less than six feet high above the natural grade nor to terraces, steps, uncovered porches or other similar features not over three feet high above the floor of the ground story.
4. Driveways in side yard. Driveways shall be permitted in residential side yards, provided that no driveway may be located within three feet of any side property line.

Rear yard requirements.
1. No building or structure shall be built within the minimum depth from the rear lot line specified, except as provided by this chapter. This shall not include required utility facilities.
2. Rear yard requirements for triangular lots. In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front lot line shall be at least twice the minimum depth specified in the applicable district regulations, provided the minimum lot width requirements are met.

Maximum height of buildings.
1. Unless otherwise provided in Chapter 22: Subdivision and Land Development, no building shall exceed the maximum height of 35 feet unless otherwise stated for a specific use or district.
2. Height exceptions of maximum regulations. Height limits specified in this section may be exceeded by one foot for each foot by which the width of the front, rear and side yards is increased beyond the minimum yard requirements, up to a maximum of 80 feet. This exception is applicable only in nonresidential zoning districts.
3. Accessory structure. No accessory structure shall exceed the maximum height of 15 feet.

Fences.
1. No fence shall be erected in Lower Southampton Township without the issuance of a permit from the Lower Southampton Department of Licenses and Inspections and the payment of any applicable fee as set forth in the Township's Fee Schedule.
2. Prior to the issuance of a permit, a plan depicting the proposed fence, as well as the height, location on the property and materials of the proposed fence, shall be submitted with the applicable permit application to the Lower Southampton Department of Licenses and Inspections. The applicant shall provide adequate proof of the existence of any property lines depicted on the proposed fence plan.
3. No fence shall be erected in a front yard unless such fence is located a minimum of 15 feet from the edge of the adjacent cartway, and in no event shall any fence be erected in an existing road right-of-way.
4. No fence exceeding a height of six feet shall be erected unless otherwise permitted under this chapter.
5. No fence may be erected or maintained in any Township-controlled easement area.
6. No spite fence or spite walls shall be erected. A spite fence or spite wall is any fence or wall that has been erected for the purpose of cutting off the light or air of an adjoining property or erected of unsightly materials for the purpose of annoyance or harassment of an adjoining property, or which has been erected to a height above that necessary for proper and ordinary security or enclosure.
7. Fences and terraces in front yards. Only fencing which does not obstruct view may be located in front yards, and no fence over four feet high, nor hedges over three feet high, shall be permitted in a front yard, unless in the case of corner lots, where the lot owner shall be permitted to designate one front yard to comply with this section.

Special setbacks.
In addition to the setbacks and yards required by the terms of this chapter, the following special setbacks are required:

A. Setbacks from resource-protected lands. On lots which include lands with resource restrictions, the minimum building setbacks shall be measured from the limit of the resource-protected lands rather than from the lot lines so that the required minimum yard is free from resource-restricted lands.
B. Setbacks from street road. This section shall apply to all uses with lot frontage on Street Road and shall apply whenever an application for land development, subdivision, zoning permit or a building permit is made.

(1) Setback from the street line for all buildings and structures shall be a minimum of 100 feet.
(2) Setback from the street line for parking areas shall be a minimum of 50 feet, provided appropriate landscaping and screening is provided in accordance with Chapter 22: Subdivision and Land Development.
(3) The streetscape design shall include berms, landscaping, lighting, pedestrian circulation and access and/or any other criteria as determined to be a part of the uniform streetscape plan for Street Road.

Bus shelters.
Notwithstanding any provision of this chapter to the contrary, a bus shelter shall be a permitted use in any zoning district, subject to the following criteria:
1. The use shall be permitted only on established bus routes.
2. The use shall be permitted only on arterial roads.

Outdoor waste receptacles.
1. All outdoor waste receptacles, including, but not limited to, dumpsters, cans, recycling bins and recycling dumpsters, must be located in the rear yard wherever possible, but in no event shall be permitted in the front yard. All receptacles must be enclosed completely in an opaque enclosure.
2. The requirements of this section shall not apply to single-family dwellings, townhouses, duplexes or any other individual residential dwelling unit.
3. Enclosures for waste receptacles shall be designed so as to integrate into the architectural style of the structure which the receptacle services and, in the event of a standalone enclosure, shall be completely screened by suitable plantings, including trees and shrubbery, consistent with buffer plantings as defined under Chapter 22: Subdivision and Land Development.

Vehicles regularly parked on premises.
1. The following regulations shall govern the parking, housing or maintaining of vehicles on a residential premises:

A. It shall be unlawful to load or unload any commercial vehicle in a residential district except for normal deliveries or for moving the contents of a residential premises.
B. It shall be unlawful for any person to park, store, or house more than one commercial vehicle, or any commercial vehicle having a gross weight in excess of 9,000 pounds, in a residential district or within the public streets adjacent thereto.
C. It shall be unlawful for any person to use any premises in a residential district for a loading station or warehouse.
D. It shall be unlawful for any person to park, store, or house any vehicle regularly parked on a premises in any residential district except on a gravel, stone, macadam or otherwise paved driveway or parking area.

General standards.
1. Historic buildings cannot be demolished unless following a conditional use procedure as described in § 27-1302: Uses.
2. Public utilities. All uses shall be served by public water and sewer facilities.
3. Surface parking.

A. General surface parking standards.

(1) Vehicular access. Vehicular access to surface parking shall be from a alley or side street where possible.
(2) Pedestrian access. Safe provisions for pedestrian access to and through a parking lot shall be required. Surface parking areas and pedestrian walkways connecting to them shall be well lit.
(3) Location of surface parking.

(a) Surface parking shall be located to the rear of the principal building or to the side (however, parking shall not be located between a building and the street). Parking shall be set back 10 feet from the legal right-of-way.
(b) Corner lots. Surface parking shall not be permitted on corner lots that are located on collector or arterial roads.
(c) Off-street surface parking shall not extend more than 70 feet in width along any pedestrian street frontage without an outdoor cafe, urban garden, plaza, square, courtyard or landscaping feature with seating.

B. Interconnected parking areas.

(1) Parking areas on abutting nonresidential lots shall be interconnected by access driveways.
(2) Each nonresidential lot shall provide cross-access easements for its parking areas and access driveways guaranteeing access to adjacent lots. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.

C. Parking. Parking shall be provided in accordance with § 27-1309: Parking and access of this part.

4. Exterior lighting. All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites. The height of fixtures shall be a maximum of 20 feet for parking lots and 14 feet for pedestrian walkways.

5. Refuse areas. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s), shall not be located in the front of the building, and shall be entirely screened by a fence or enclosure which is at least six feet high.
6. Screening.

A. All wall-mounted mechanical, electrical, communication and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, landscaping or other approved means.
B. All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets. The following, when above the roofline, requires screening: stair wells, elevator shafts, air-conditioning units, large vents, heat pumps and mechanical equipment.
C. Parking lots visible from a street shall be continuously screened by a three-foot-high wall/fence or plantings. Parking lots adjacent to a residential use shall be continuously screened by a six-foot-high wall/fence or plantings. Screening shall include:

(1) Hedges, installed at 36 inches in height;
(2) Mixed planting (trees and shrubs); or
(3) Wall sections, with no wall break of more than nine feet, and landscaping to provide a continuous screen.

D. Service and loading areas must be visually screened from streets and pedestrianways. For new construction, service and loading areas must be behind the building. Loading docks shall not be on the main street but to the side and rear of the building.

7. Signs. Signage in the Town Center District shall conform to the standards of Part 20: Signs of this chapter.
8. Outdoor dining.

A. Outdoor furnishings are limited to tables, chairs and umbrellas.
B. Outdoor furniture shall be stored inside the restaurant after normal operating hours.
C. Planters, posts with ropes, or other removable enclosures, as well as a reservation podium, are encouraged and shall be used as a way of defining the area occupied by the cafe.
D. Refuse facilities should be provided.
E. Advertising or promotional features shall be limited to umbrellas and canopies.
F. Outdoor dining cannot impede pedestrian traffic flow. A minimum pathway of at least five feet free of obstacles shall be maintained.

1. Street trees.

A. Street trees shall be planted in tree wells or a planter strip underlain by soil providing enhanced growth and survivability rates.

(1) Tree wells. Tree wells shall be a minimum of four feet long by four feet wide by 3.5 feet deep below the ground surface. Larger wells are recommended and could be connected together as a continuous planting pit. Tree wells shall be covered with tree grates, concrete unit pavers and/or cobbles. A two-foot-by-two-foot opening or two-foot diameter should be left for the tree grate.
(2) Planter strip. Planter strips shall not be less than five feet wide. If located along a parking stall or stalls, they shall be covered similar to a tree well.

B. Tree selection.

(1) Trees shall be selected that are appropriate for their location. The following factors shall be considered when selecting a tree species: maintenance requirements, hardiness, salt tolerance, shape and form, and the subsurface growing conditions. All trees shall meet the requirements of <a href="https://www.ecode360.com/29164620" target="_self">Chapter 22: Subdivision and Land Development</a>.
(2) Trees under wires. Trees located under wires shall not be of a species that is expected to grow into the utility lines.

2. Parking lot landscaping:

A. Interior landscaping. All surface parking lots of 20 spaces or more shall have shade trees with a caliper of 2.5 inches minimum. One shade tree per 10 spaces is required in planting islands or diamonds.
B. Perimeter landscaping for parking lots visible from a street shall have a landscaped area of a minimum width of three feet.

3. Hanging baskets, planters and window boxes:

A. Planters shall not obstruct the sight triangles. Planters shall not encroach into the sidewalk so that less than five feet of passageway is available for pedestrians.
B. Window boxes. Window boxes should be at least as wide as the windowsill where they are located (at least six inches wide by six inches deep). They shall not encroach into the sidewalk unless pedestrian access to that area of the sidewalk is restricted.
C. Hanging baskets, planters and window boxes shall contain live plantings.

Continuation.
The lawful use of any structure 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 part. This provision does not apply to any use of land or structure unlawful under this chapter.
Alteration or extension.
1. Nonconforming structures. Nonconforming structures may be altered, reconstructed or enlarged provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection 3 of this section.
2. Nonconforming lots. Nonconforming lots are subject to the applicable dimensional regulations for the zoning district in which such lots are located.
3. Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

A. Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception approved by the Zoning Hearing Board.
B. Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the uses became nonconforming.
C. Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 25% (of said volume or area) during the life of the nonconformity.

Restoration.
No structure damaged by fire or other natural causes to the extent of more than 60% of the structure shall be repaired, reconstructed or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 60% or less of the structure may be reconstructed, repaired or used for the same nonconforming use, subject to the following provision:

A. The reconstructed structure shall not exceed the height, area or volume of the damaged structure except as provided in this part.
B. Reconstruction shall begin within one year from the date of damage and shall be carried on without interruption.

Abandonment.
Whenever a nonconforming use has been discontinued for a period of one year and such use has been abandoned, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to another nonconforming use.
Displacement.
No nonconforming use shall be extended to displace a nonconforming use.
District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
For information on Nonconforming use permits, click the "Administrative" tab in the Procedures section, which occurs under the "Highlights" heading on the Home Page.

Off-street parking space requirements.
Off-street parking spaces shall be provided and satisfactorily maintained in accordance with the following provisions for each use established, erected, enlarged or altered for any of the following purposes in any district. Where the computation of required parking space results is a fractional number, it shall be rounded up to the next higher number. Handicap parking shall be required in accordance with the Americans with Disabilities Act.
See § 27-1901: Off-street parking space requirements for specific parking requirements for specific land uses. 
Modification of parking requirements.
In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Zoning Officer may permit a reduction of parking space if the following conditions are satisfied:

A. The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces and the stormwater management control measures required for the total number of parking spaces.
B. The reduction shall provide for the establishment of not less than 70% of the required number of parking spaces as specified in this chapter.
C. The balance of the parking area reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. The developer shall provide a landscaping plan for the reserved area with the land development plan.
D. The developer shall enter into a written agreement with the Board of Supervisors guaranteeing that the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development. This decision shall be made at the sole discretion of the Board of Supervisors.
E. At the time of the above-stated agreement, the developer or owner shall post securities to cover the cost of installing the required parking. The Board of Supervisors shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.

General regulations applying to required off-street parking facilities.
1. Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this part so long as the kind or extent of use is not changed, and provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
2. Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
3. Preferential parking for all alternative fuel vehicles.
4. Shared parking. Two or more uses may provide for required parking in a common parking area 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 if it can be demonstrated to the Township that the hours or days of peak parking needed for the uses are different and that a lower total will provide adequately for all uses served by the facility.
Shared parking will be permitted under the following circumstances:

A. The uses subject to shared parking must be either part of a single lot, such as an office park, industrial park, or mixed-use development, or the uses must be on lots that are physically adjacent to each other, with cross easements or other arrangements that allow for shared driveways and shared parking.
B. Owners or applicants for all uses proposing to use the shared parking arrangement must provide written agreements in a form acceptable to the Township, outlining the terms of the shared parking arrangement.
C. Shared parking may be approved by the Zoning Officer.

5. Location of parking spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served. If this requirement cannot be met, then the size or capacity of the proposed use must be reduced so that all parking requirements can be met.
6. Off-site parking. Parking may be provided off site in accordance with the following requirements and only if approved as a conditional use by the Board of Supervisors:

A. The applicant shall provide an agreement in writing that the parking spaces are available and secured by lease or license, or the applicant shall provide proof of the availability of the required parking spaces which are not needed to meet the requirements of another use which can be used for parking purposes by the applicant.
B. This option may be used to meet up to 50% of the parking requirement.
C. The use for which off-site parking is provided shall be discontinued immediately upon loss of parking arrangements. Renewal of the lease or license shall be provided to the Township annually.
D. Off-site parking space arrangements are permitted only where the off-site parking is located no more than 200 feet from the property line of the use it serves and only for nonresidential uses, or in the case where safe, protected pedestrian pathways are provided, the distance may be extended to 300 feet from the property line.

7. Maintenance of parking areas. All parking areas shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Township to the extent necessary to prevent dust, erosion and/or flow across streets or other property. All off-street parking spaces shall be marked so as to indicate their location.
Off-street loading.
Suitable and safe off-street loading shall be provided for every nonresidential structure which exceeds 10,000 square feet. Loading docks, truck accessways, clearances and turning radii shall be shown on all land development or zoning permit applications. If it is determined that the use will be served by trucks for loading and unloading, then loading spaces on site shall be provided in accordance with need. No on-street loading or unloading is permitted.

Purpose and intent.
The OPAS Off-Premises Advertising Sign Overlay District is an overlay zoning district whose purpose is to provide an area for the placement of off-premises advertising signs, aka "billboards," in the Township; to provide regulations for such signs — defined as signs which advertise other than the business transacted, services rendered, goods sold or produced on the premises, name of the business, or the name of the person, firm or corporation occupying the premises; to provide standards for construction of such signs; and to locate such signs so that they are not adverse to the health, safety and general welfare of the residents of Lower Southampton Township.
Overlay concept.
The OPAS shall be considered an overlay zoning district in any areas of the Township containing nonresidentially zoned property within 50 feet of the right-of-way established for the Pennsylvania Turnpike.
Use regulations.
1. An off-premises advertising sign, also known as a "billboard," shall be permitted in the OPAS Off-Premises Advertising Sign Overlay District, subject to the following requirements:

A. Size of sign. An off-premises advertising sign may not exceed 672 square feet per side in area, with a maximum length of 48 feet and a maximum width of 14 feet.
B. Height and location of sign. The maximum height of an off-premises advertising sign shall be the minimum necessary in order for the sign to be reasonably viewed by the intended motorists and in no event higher than 30 feet measured to the top of the sign. Off-premises advertising signs shall be located no closer than 20 feet from any property line.
C. Spacing. Off-premises advertising signs may not be located closer than 25 feet from any street measured from the ultimate right-of-way of such street. Off-premises advertising signs may not be located closer than 300 feet from another off-premises advertising sign measured linearly.
D. Number of signs per lot. There shall be no more than one off-premises advertising sign containing not more than two sides per sign on any single lot. Lots containing more than 10,000 square feet of land area may have one sign containing not more than two sides per sign for every 15,000 square feet of lot area as a conditional use.
E. Content. Off-premises advertising signs shall not contain advertisements for gentlemen's clubs, adult entertainment or adult businesses.
F. Lighting. Lighting for off-premises advertising signs is permitted, provided that the light is restricted from shining onto other properties located within Lower Southampton Township and that such lighting shall not take place between 12:00 midnight and sunrise. Lighting fixtures must be placed above the sign and aimed downward, rather than at the bottom of the sign aimed upward toward the sky. All lighting fixtures must be aimed and controlled so as to place their light output only on the face of the sign and not projected past the sign. Internal illumination and computer-controlled electronic displays are prohibited in the OPAS Off-Premises Advertising Sign Overlay District.
G. LED billboards shall be permitted as a conditional use, subject to the following requirements:

(1) Illumination levels shall not exceed industry standards.
(2) Graphic displays cannot be programmed to change more than one time every eight seconds.
(3) One screen image every minute must be reserved for public service messages, amber alerts, or other Township-designated content.
(4) The applicant must demonstrate that the proposed LED sign will have no adverse impact on any adjacent property.
(5) The applicant must demonstrate that the proposed LED sign will not have an adverse impact on the general health, safety and welfare of the Township.

H. Lot size. The minimum lot size for a property on which an off-premises advertising sign may be located is 10,000 square feet.
I. Maintenance of sign. All off-premises advertising signs shall be structurally sound and maintained in good condition. If the signs are not structurally sound or are in poor condition, the signs shall be immediately removed at the sole cost and expense of the owner of the sign in accordance with the provisions of this section. If an off-premises advertising sign is not structurally sound or remains in poor condition, Lower Southampton Township shall notify the owner of the property on which the sign is located and provide the owner 60 days' written notice by certified mail, sent to the owner's last known address, to remove the sign. If the sign is not removed within 60 days from the date of the notice, the Township may remove the sign, and the cost thereof shall be paid by the owner of the property on which the sign is erected. Lower Southampton Township may file a lien against the property or take any action authorized by law to collect the cost of removal if it is not paid by the owner of the property.
J. Landscaping. Landscaping shall be provided at the base of all off-premises advertising signs in order to shield from view the base, structural elements and foundation of the sign. Trees and shrubbery including evergreen and flowering trees of sufficient size and quantity shall be used to achieve the purpose of this section. A landscaping plan which meets the following minimum requirements shall be submitted, reviewed and approved by the Township Engineer:

(1) Five evergreen trees with a height of five feet to six feet, planted within a forty-foot radius on the sides and rear of the base of the sign;
(2) Four flowering trees with a height of eight feet to 10 feet, planted within a fifty-foot radius on the sides and rear of the base of the sign; and
(3) One shrub tree with a height of three feet to four feet for each three lineal feet of road frontage along the parcel or 40 shrubs, whichever is greater, to be placed in front of the sign.

Additional regulations.
All off-premises advertising signs shall comply with any and all applicable zoning regulations not specifically established herein and any and all Township, state and/or federal Regulations, including, but not limited to, the Lower Southampton Township Building Code and all applicable Pennsylvania Department of Transportation regulations.

Purpose.
The purpose of this part is to ensure that environmentally sensitive features are protected and that adequate open space to serve the residents of Lower Southampton Township is provided.
Open space requirements.
The amount of land to be provided for open space purposes shall be supplied by residential land developers for all single-family residential developments in excess of the 10 homes and multifamily residential developments of twins, apartments, townhouses, etc., as follows. Any uses listed in Part 14 that are required to provide open space shall set aside open space in accordance with that part. If more than one requirement exists for open space, the standard requiring the higher level of open space protection shall be followed. In addition, these ratios are minimums. If in order to meet the environmental protection standards of § 27-1804: Environmental standards a larger area of land is required for open space, then the larger area shall be set aside as open space.

 

Dwelling Units Per Gross Acre	% of Total Gross Area to be Set Aside as Open Space
Less than 1	0%
1 to 1.99	10%
2 to 2.99	20%
3 to 4.99	30%
5 or more	40%

NOTE: However, in no event shall the open space provided be less than one acre.

Open space purposes and uses.
1. Open space land means land that will be used for any of the following purposes. All plans shall designate the use of open space, the type of maintenance to be provided, and a planting plan.

A. To conserve natural or scenic resources, including but not limited to streams, wetlands, floodplains, forests. Areas designated as open space to preserve natural resources as required by this chapter shall remain undisturbed and in a natural state.
B. To augment recreation or public open space opportunities. An area designated for open field play or fields for active recreation may be designated where the land does not contain natural resource restrictions and where such use is recommended by the Township Park and Recreation Board and approved by the Board of Supervisors and where the size, shape, topography and soils make it suitable and usable for recreational use; lands established as a common green shall be accessible to the public and central to the proposed development.

(1) Site or sites should be easily and safely accessible for all areas of the development to be served, have good ingress and egress, and have access to a public road; however, no public road shall traverse the site or sites.
(2) Site or sites should have suitable topography and soil conditions for use and development as a recreation and open space area.
(3) Size, shape and location of the site or sites should be suitable for development as a particular type of park.
(4) Site or sites should be free of fuel, power and other transmission lines, whether underground or overhead.
(5) Site or sites should, to the greatest extent practical, be easily accessible to essential utilities  — water, sewerage and power.
(6) Site or sites shall have usable a maximum slope of 8%.
(7) Site or sites should be compatible with the objectives, guidelines and recommendations as set forth in the Lower Southampton Comprehensive Recreation and Parks Study, and the developer shall design and develop these areas in accordance with the standards and criteria established by the Comprehensive Recreation and Parks Study.

C. To preserve sites of historic, geologic or botanic interest;
D. To enhance the value of existing parks, forests, wildlife preserves, nature preserves or other public open spaces by preserving land abutting such existing parks or open space serving the purposes listed in this subsection.

2. Minimum width buffer yards do not count as open space.
3. Required open space shall not include any area required by this chapter for minimum yards, setbacks, special setbacks or building separations.
4. Open space whose purpose or resulting effect is to enhance the private yards of individual lots shall not be considered to meet the requirements for open space set forth in this chapter and shall not be counted in the calculation of minimum required open space. Narrow or irregular pieces of land which serve no public open space function or which are remnants leftover after the lots, streets and parking areas have been laid out shall not be considered to meet the requirements for open space set forth in this chapter and shall not be counted in the calculation of minimum required open space.
5. Open space shall include the areas required for environmental protection, as required by § 27-1804: Environmental standards.
Environmental standards.
The developer shall determine what environmental or natural features are present on the lot and shall meet the following standards of environmental protection. For any lot proposed for development to which the provisions of Chapter 22: Subdivision and Land Development, do not apply, the environmental standards of this section shall apply. Site alterations, including regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses prior to the submission of plans for development, shall be a violation of this chapter. Where alterations occur, restoration of the lot to its original condition shall be required. The provisions of this section shall apply to all zoning districts, including nonresidential districts. For any lot proposed for development subject to Chapter 22: Subdivision and Land Development, such lot shall not be subject to the provisions of this section but rather shall meet the environmental standards set forth in the Subdivision and Land Development Ordinance.

A. Floodplains. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, graded, filled or built upon except in conformance with Part 15: Floodplain Management, Floodplain Conservation District, of this chapter. The floodplain area shall be those areas that are subject to the one-hundred-year flood and the five-hundred-year flood as identified in the Flood Insurance Study, dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revisions thereof. For areas along streams and watercourses where the one-hundred-year floodplain and five-hundred-year floodplain have not been delineated, the requirements of floodplain soils shall be met.
B. Steep slopes. In areas of steep slopes, i.e., those above eight-percent slope, the following standards shall apply:

(1) Eight to 15%. No more than 40% of such areas shall be developed and/or regraded or stripped of vegetation.
(2) Fifteen to 25%. No more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
(3) Twenty-five percent or greater. No more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.

C. Forest. No more than 30% of such forests may be cleared or developed. The remaining 70% shall be maintained as permanent open space.
D. Lakes, ponds, wet lands or watercourses. These areas shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads.
E. Riparian buffer. No land disturbance shall be permitted within any riparian buffer except as permitted below. The measurement of the riparian buffer shall extend a minimum of 100 feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The buffer area will consist of two distinct protection zones.

(1) Zone 1. This buffer area will begin at the edge of the identified waterway (which includes wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 50 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow.
Open space uses that are primarily passive in nature may be permitted in Zone 1, including:

(a) Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parklands, and reforestation.
(b) Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.
(c) Regulated activities permitted by the Pennsylvania Department of Environmental Protection and the Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Township.
(d) Vegetation management in accordance with stream-bank stabilization plan, an approved landscape or open space management plan.
(e) Runoff or wastewater to be buffered or filtered by Zone 1 will be limited to sheet flow or subsurface flow only. Concentrated flows must be converted to sheet flow or subsurface flows prior to entering Zone 1.

(2) Zone 2. This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. However, where the width of the one-hundred-year floodplain extends greater than 100 feet from the waterway, Zone 1 shall remain a minimum of 50 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the one-hundred-year floodplain.
Uses permitted in this buffer area include open space uses that are primarily passive in nature, including:

(a) Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, passive areas for public or private parklands, recreational trails and reforestation.
(b) Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District.
(c) Regulated activities permitted by the Pennsylvania Department of Environmental Protection and the Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Township.
(d) Recreational activities or uses not involving impervious surfaces such as ball fields or golf courses.
(e) Naturalized stormwater management facilities, provided the entire facility is located a minimum of 50 feet from the defined edge of the identified watercourse and situated outside the one-hundred-year floodplain.

(3) Prohibited uses. Any use or activity not authorized within Subsection E(1) or (2) above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:

(a) Clear-cutting of trees and other vegetation.
(b) Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection E(1) or (2) above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the riparian corridor.
(c) Storage of any hazardous or noxious materials.
(d) Roads or driveways, except as permitted as corridor crossings by the Pennsylvania Department of Environmental Protection and the Township.
(e) Parking lots.
(f) Subsurface sewage disposal areas.

(4) Revegetation of riparian area. In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing stream-side vegetation. Native vegetation approved by the Township must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional, such as a landscape architect or engineer, and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission:

(a) Ground cover. Ground cover consisting of a native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs, exclusive of noxious weeds as defined by the Pennsylvania Department of Agriculture. This twenty-five-foot-wide planted area shall be designated on the plan as a "no-mow zone" and shall be left as natural cover except in accordance with the maintenance instructions stated on the plan.
(b) Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within Zone 1 of the riparian buffer as indicated in Subsection E(1) above. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.
(c) Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer if farming operations are to be continued and the required nutrient management plan is met.

Required protection.
1. Areas with environmental restrictions due to slopes, woodlands, wetlands, floodplains, streams, watercourses and riparian buffer areas shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, parking areas or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by environmental resources as defined above.
2. Areas outside of the building envelope of the lot for single-family detached dwellings only (the area of the lot excluding all required yard areas, setbacks and easements) may contain environmental resources as defined herein, provided that those areas so affected must be identified on the recorded plans for the subdivision or land development or on the building permit application and shall be subject to a deed restriction to prevent any disturbance or development of these areas.
For Administrative requirements, procedures and maintenance of open space, click the "Environmental" tab in the Procedures section, which occurs under the "Highlights" heading on the Home Page.

1. See § 27-13091 for detailed parking space requirements. 
2. Maximum parking.

A. No more than 120% of the required minimum parking is permitted.

3. Parking reduction.

A. Each use may reduce the number of required spaces up to 100% if the requirements are met by one of the following or a combination of the following to meet the necessary requirements:

(1) The use is located within four-hundred-feet walking distance from a public parking facility.
(2) On-street parking is provided directly in front of the building.
(3) Shared parking meets the requirements of Subsection 4 of this section.
(4) The use is within 400 feet of a transit facility, meaning a use that supports or provides a means of transporting people from one location to another.

4. Shared parking.

A. Users shall be required to show shared parking is reasonably close to each use (see Subsection 4D, Walking distance).
B. Shared parking agreement (two businesses) or district (more than two businesses) which involves contractual agreement between users is required. A shared parking agreement allows users an opportunity, if they choose, to redesign parking lots to be more efficient in serving multiple users. This may consist of making new curb cuts between parking lots, restriping lots, or redesigning internal traffic circulation and pedestrian walkways.

C. See § 27-13094.C (Figure 3) for details on shared parking calculation requirements.
D. Walking distance.

(1) Less than 100 feet: people with disabilities, deliveries and loading, emergency services, fast-food restaurant, and convenience store.
(2) Less than 800 feet: residents, grocery stores, professional services, and medical clinics.
(3) Less than 1,200 feet: general retail, restaurant, employees, entertainment center, and religious institutions.
(4) Less than 1,600 feet: major sport or cultural event and overflow parking.

5. Parking garages.

A. Design.

(1) Retail storefronts or other business uses on the street level shall be required on main streets to provide vitality.
(2) For structures not on a main street, parking garages shall be set back 10 to 15 feet from the legal right-of-way unless the frontage is occupied by a retail or business use.
(3) Utilitarian appearances of parking structures are not permitted. Structures shall have design treatments such as colonnades, arcades, awnings, landscaping, street furniture, and other public amenities to create the appearance of an occupied building. Blank walls are not permitted.
(4) Cars shall be visually screened from adjacent buildings, and the street and such screening shall be in keeping with the rest of the building's architectural style and materials.

B. Vehicular access to parking garages shall be accessed from alleys, placed underground, placed in structures above the ground floor, or located behind or to the side of a building. (If located to the side of a building, the garage must be set back from the front of that building by 10 to 15 feet.)

6. Driveways.

A. Driveway entrances shall not exceed 24 feet when crossing sidewalks.

7. Alleys.

A. Creation of new alleys.

(1) Design.

(a) Dead-end alleys are prohibited.
(b) Alleys shall be protected by wheel bumpers or curbs.
(c) Intersections connecting alleys with other alleys are prohibited.
(d) A maximum of 20 feet in width for two-way alleys is required; 12 feet in width for one-way alleys.

Scope.
The provisions of this part shall apply to all signs maintained or hereinafter erected or altered in the Township of Lower Southampton.
See § 27-2002: Definitions for definitions pertaining to signs.
Applicability of this part.
1. New signs. No sign shall hereafter be erected, attached to, suspended from or supported on any building or structure or site in the Township of Lower Southampton except in accordance with this part or where a variance has been authorized by the proper authority as hereinafter set forth.
2. Existing signs. Any registered, permitted and inspected sign existing at the time this part becomes effective that is not in conformance with this part shall be considered a nonconforming sign.
3. Alterations. No sign shall hereafter be altered in any manner which enlarges or extends it, nor shall it be relocated except in accordance with this part, providing that the changing of movable parts designed to be changed or the repainting of the display matter on the sign shall not be deemed to be alteration or rebuilding as hereinafter set forth.
Administration.
1. The Zoning Officer shall have the following duties and powers:

A. To examine all applications, plans and specifications submitted to the Zoning Officer and to approve or reject them as required by the provisions of this part.
B. To inspect all signs during the course of erection and to see that the provisions of this part and of the permit are complied with.
C. To keep all applications, plans and specifications and a record of all permits, refusals, inspections, which record shall be filed and open to public inspection.
D. To stop the erection, alteration or repair of any sign where the same is being carried on contrary to the provisions of this part; to order the removal of any materials that may be unsafe or unfit for the purpose for which they were intended to be used in accordance with the terms and definitions of this part; and to revoke the permit for such cause.
E. To direct that precautions shall be taken by the erection of suitable scaffolding or other protection whenever the work of erecting, altering or repairing of any sign may affect the public safety.
F. To keep available to the public at the office of the Zoning Officer copies of this part and application forms.
G. To perform or have performed the annual inspection of all signs in the Township as directed in this part.
H. To direct that any sign found to be unsatisfactory due to nonconformance to this part or because its condition is such that it is unsafe or has become dilapidated be corrected or removed within a thirty-day period after the filing of the inspection report; except for existing, nonconforming signs, a ninety-day period before they must be brought into conformance, providing they meet with other requirements for inspection.
I. To notify the person or persons responsible for any sign requiring inspection at least 30 days prior to an annual inspection, noting the approximate date that the inspection will be made.
J. To notify the person or persons responsible for any nonconforming or unsatisfactory sign of the points of nonconformance and indicate the latest date at which it must be made conforming or satisfactory and the penalties for noncompliance. If the owner or responsible person is not found within the Township, such service will be completed if such notice and order shall be sent by certified mail to the last known address of such owner and a copy of such notice and order posted on the premises where such sign is erected.

Emergency repairs.
In the event of actual or immediate danger from falling, electrical shock, fire hazard or any like hazard from a sign, whether the procedures prescribed in this part have been instituted or not, the Zoning Officer shall cause the necessary work to be done to render the sign temporarily safe and shall employ such materials as are found to be necessary to do this. The Township Solicitor shall institute appropriate action against the owner of the sign for the costs incurred in the performance of the emergency work.
Types of signs.
1. Advertising sign. An off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot upon which such sign is located.
A. Temporary advertising signs. Permitted in C-1, C-2 and BT Districts if requirements set forth in Subsection 9 hereinafter are met.
2. Business sign. An on-premises sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted, other than incidentally, on the premises upon which such sign is located, or to which it is affixed.
3. Official sign. Signs erected or installed by the state, county, Township or other governmental unit, giving notice of a permitted or prohibited activity under a statute, ordinance or resolution duly enacted pursuant to law. No permit fee shall be required for the erection or installation of official signs.
4. Real estate sign. Sign advertising the sale or rental of premises upon which it is erected, when erected by a broker or other person interested in the sale or rental thereof.

A. Provided that not more than one sign is placed upon any property held in single and separate ownership, unless such property fronts upon more than one street; in which event not more than one sign may be erected on each frontage.
B. Provided, further, that such sign shall be removed promptly within 20 days after date of settlement or commencement of lease, whichever is applicable.

5. Temporary signs of mechanics, contractors or artisans. Temporary signs of mechanics, contractors or artisans, provided that:

A. Such signs shall be erected only on the premises where such work is being performed and shall be limited to a size of four square feet.
B. Not more than one such sign for each mechanic, contractor or artisan working shall be erected on any premises unless such property fronts on more than one street, in which case not more than one such sign for each mechanic or artisan shall be erected on each frontage.
C. Such signs shall be removed promptly upon completion of the work.

6. Developmental signs.

A. Sign advertising the sale or development of the premises upon which they are erected, provided that not more than one such sign is placed on any property in single and separate ownership unless such property fronts on more than one street; in which event not more than one such sign shall be erected on each frontage.
B. Sign indicating the location and direction of premises available for or in the process of development, but not erected upon such premises, provided that not more than one sign is erected on each 500 feet of street frontage.
C. Such signs must be maintained in good repair by the erector and must in no way be contrary to the purpose of this part.
D. Such signs shall be removed within 20 days after the last dwelling has been sold if such sign is located within a residential district; in all other districts, such signs shall be removed within 20 days after the premises has been initially occupied.

7. Identification signs. Institutional signs for schools, churches, hospitals, public or private recreational areas, clubs, multifamily dwellings such as apartments, apartment complexes, PURD developments, mobile home parks, or other similar uses, provided that:

A. Not more than one such sign shall be placed on premises held in single and separate ownership, unless such premises fronts on more than one street; in which case one such sign may be erected on each frontage.
B. Such sign shall only be erected upon the premises which is identified.

8. Professional and home occupation sign. Professional and home occupations of the occupant of a dwelling, provided that:

A. Not more than one such sign shall be erected for each permitted use located upon said premises.
B. Such sign shall be erected only on the premises wherein the professional use is located.

9. Service club signs. Service club signs advertising meeting times and places of nonprofit service or charitable clubs and organizations.
10. Public utility signs. Directional, informational or public service signs such as signs advertising the availability of restrooms, telephone or similar facilities of public convenience, provided they designate the use of the property upon which such sign is erected.
11. Trespassing signs. Trespassing signs or signs indicating private driveway or premises, providing that not more than one such sign shall be permitted on any property held in single and separate ownership for every 100 feet of street frontage.
12. Plaza sign. Ground sign designating only the name of the plaza, mall, shopping center, professional office building or industrial park located on the premises where such sign is erected.

A. For the purposes of this part, a plaza, mall, shopping center, professional office building or industrial park shall be defined as a combination of three or more stores, offices, factories, warehouses, buildings or other such business establishments which share common areas for business and/or parking, whether or not such offices, stores, warehouses, factories or other such business establishments are detached or share common party walls, and whether or not such offices, stores, warehouses, factories or other such business establishments are owned separately or together or in part by one or more individuals.
B. There shall be only one such sign placed upon the property of such plaza, mall, shopping center, professional office building or industrial park, unless such plaza, mall, shopping center, professional office building or industrial park fronts upon more than one street; in which event not more than one such sign may be erected on each street frontage.
C. No other ground signs shall be permitted upon said plaza, mall, shopping center, professional office building or industrial park.
D. Any such sign which designates the names of the businesses, stores, offices, shops or activities located at said premises shall be conditional signs, permitted only upon the expressed approval of the Board of Supervisors.
E. The maximum height to the top of such sign shall not exceed 35 feet from ground level.
F. The total area of such signs shall not exceed the following:

(1) Fifty square feet of sign area when signs are situated on premises which have street frontage of 100 feet or less.
(2) Seventy-two square inches of sign area per each foot of street frontage, up to a maximum of 120 square feet of sign area, when signs are situated on premises which have a street frontage of more than 100 feet.

Types of sign construction.
1. Sign structure.

A. Ground sign. A self-supporting sign supported by a structure of any type, other than a building or structure within which the main or an accessory use are conducted on the premises, provided that:

(1) Lattice work beneath the sign shall not be permitted.
(2) Ground signs must be securely attached to posts or other supporting structures, and posts or structures must be securely and permanently embedded in a concrete base which shall be permanently embedded in the ground.
(3) Signs erected at right angles to the street frontage may not project closer than five feet to any right-of-way or street line.
(4) Signs erected parallel to any street frontage or at other than a right angle to any street frontage shall be located entirely within the property lines and shall not be erected closer to said property line or street frontage than the distance of the height of the sign.
(5) Only one ground sign per parcel of ground per street frontage is permitted.
(6) No such sign shall be permitted closer than five feet from the side property line.
(7) No such signs shall be located within 15 feet of the edge of an improved cartway.
(8) Any ground sign erected or maintained within a distance of 30 feet from a cartway shall have a maximum height of 12 feet.
(9) Maximum height of ground signs in the C-1 and TC Districts shall be 20 feet.
(10) Maximum height of ground signs in the C-2, BT, I and M Zoning Districts shall be 35 feet.
(11) In all other zoned districts, the maximum height of a ground sign shall be five feet.
(12) The area of plaza or ground sign shall not exceed 72 square inches of sign area per each foot of street frontage, up to a maximum of 120 square feet of sign area, when signs are situated on premises which have a street frontage of more than 100 feet.
(13) No ground sign shall exceed 25 feet in length.
(14) No ground sign shall be placed closer than 50 feet to another ground sign or plaza sign.
(15) If a sign is mounted or supported by any structure other than a building, the dimensions of this structure may be considered in the overall size of the sign if it should in any way add to the sign dimensions in such way as to make it nonconforming or objectionable to the purpose of this part. All signs exceeding 10 feet in height shall be supported by a pole of not more than 14 inches in diameter, including the support and any casing or enclosure, decorative or otherwise. Supporting cement bases shall not exceed 30 inches in diameter and 12 inches in height.

B. Wall sign. Wall sign placed against the exterior walls, awnings, eaves or other protrusion or part of a building, including painted images, shall be permitted, provided that:

(1) Such sign does not extend more than 10 inches outside the wall surface it is attached to.
(2) Such sign shall not extend beyond the ends of the wall surface on which it is placed.
(3) Such signs shall not extend above the top of the wall upon which they are erected.
(4) There shall be permitted only one wall sign for each business establishment, which shall be located on the front wall of said business establishment.
(5) Notwithstanding any other provision of this part, the aggregate total area to be occupied by wall signs on any building shall not exceed 15% of the aggregate wall area, including windows, of the wall on which such signs are attached.

C. Nonstationary signs. A sign which, by means of some mechanical device, changes its position constantly or at regular intervals by rotating around an axis or shifting in horizontal or vertical alignment.
D. Movable signs. Signs which are not fixed to a permanent supporting structure or building and are displayed on a temporary or a long-term basis.
E. Vehicular signs. Any vehicle to which a sign is affixed in such a manner that carrying of such sign or signs no longer is incidental to the vehicle's purpose, but becomes a primary purpose in itself, shall be considered a ground sign and, as such, be subject to provisions regarding ground signs in the district in which such vehicle is located.
F. Window display viewed from any street. Lettering, plate cards, banners or other similar display materials of a temporary nature and not illuminated, attached to the inside of windows. Window displays shall be limited to not more than 40% of the window area in which the display is situate, measured in accordance with the definitions of sign size under this part. Window displays shall not require a permit; however, any window display which does not meet the provisions of this section shall be considered a wall sign subject to the requirements, limitations and penalty provisions of this part.
G. Roof sign. A sign erected on the roof of any building, either constructed directly upon said building or supported by other means, provided that no roof sign shall protrude beyond the wall of the building on which it is mounted, and provided that no roof sign shall exceed 50% of the allowable sign area for wall signs located in said district, nor shall the vertical to horizontal dimension exceed the ratio of 3:1, and shall not exceed 10 feet in height above the roofline; and provided, further, that no more than one roof sign may be erected or maintained on a single premises.
H. Projecting sign. Any sign mounted to a wall or other vertical building surface other than a wall sign.

(1) No signs shall project past any property line, nor over a public sidewalk, nor within three feet from a cartway, nor more than two feet from the building or structure from which it is suspended, fastened or by which it is supported.
(2) Posts or supporting structures shall not be erected within the street lines, nor within any space between the building and the street line.
(3) A clear space of not less than 10 feet shall be provided below all parts of such signs which project in any direction a distance of more than one foot from the supporting structure or building.

2. Sign illumination.

A. Internally illuminated sign. A sign designed to give forth artificial light directly through translucent material from a source of light within such sign, including, but not limited to, neon signs. A sign designed to give forth artificial light directly through transparent material shall be prohibited.
B. Externally illuminated sign. A sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.
C. Flashing sign. An illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when in use.
D. Festoon sign. Festoon lighting is a directly illuminated sign comprised of either:

(1) A group of incandescent light bulbs hung or strung overhead or on a building or structure.
(2) Light bulbs not shaded or hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way.

E. Nonilluminated signs. A sign which is not illuminated either directly or indirectly.

General sign regulations.
All signs maintained or hereafter erected in the Township of Lower Southampton shall comply with the standards set forth in this section. All signs now erected which do not comply with such standards are hereby declared to be nonconforming signs and public nuisances.

A. The following signs shall not be permitted, erected or maintained in any district, notwithstanding anything else contained in this part or elsewhere.

(1) Signs which incorporate in any manner any flashing or moving illumination or illumination which varies in intensity or which varies in color, and signs which have any visible moving part(s), visible revolving part(s), or visible mechanical movement of any description, or other apparent visible movement achieved by electrical pulsations or by actions of normal wind currents, except when not visible from motor vehicles traveling on public roadways.
(2) Hanging signs which simply swing in the wind, clocks, barber poles, and time-and-temperature signs may be exempted, provided they comply with all other provisions of this part.

B. Sign illumination.

(1) Top-mounted fixtures required. Lighting fixtures used to illuminate any outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of the Outdoor Lighting Ordinance. Bottom-mounted outdoor sign lighting shall not be used.
(2) Outdoor signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage per property shall be less than 41 watts.
(3) Compliance limit. Existing outdoor signs shall be brought into conformance with this chapter within 10 years from the date of adoption of this provision.

C. Prohibitions:

(1) Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise.
(2) Any sign or sign structure or any device attached thereto which constitutes a hazard to public safety or health.
(3) Signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers, either when driving on a roadway or when entering a roadway from another roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.
(4) Signs on any nonresidential accessory structures.
(5) Any sign which obstructs free ingress to or egress from a fire escape door window or other required exitway.
(6) Signs which make use of the 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.
(7) Signs on public grounds or public rights-of-way, unless erected by a governmental body, or unless required to be so located by ordinance of a governmental body, or unless approved as a conditional sign by the Board of Supervisors. No sign located on a public right-of-way shall bear any commercial advertising or announcement.
(8) Signs painted on, attached to or supported by a tree, stone, cliff or other natural object.
(9) String lights, other than temporary holiday decorations, which are unshielded from off the property on which they are located.
(10) Searchlights, pennants, spinners, banners and streamers, except for occasions such as grand openings and then only with special permission of the Zoning Officer. Use shall be limited to a thirty-day period.

D. Maximum height regulations of signs as set forth in this part shall be measured to the uppermost portion of the sign.
E. In computing square foot area of a double-face sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the maximum permitted sign area.
F. Minimum height regulations of signs as set forth in this part shall be measured to the bottommost portion of the sign, excluding supporting structures.
G. No signs, nor the supports, chains and/or braces supporting or staying such signs, shall be so placed or constructed or enclosed so as to obstruct or interfere with any door, window, fire escape or other required means of light, ventilation or egress.
H. No signs shall be so located as to cause danger to traffic by obscuring the view.
I. Stability. Signs shall be so constructed that they will withstand wind pressure of at least 30 pounds per square foot of surface and will otherwise be structurally safe. All signs must be securely anchored or otherwise fastened, suspended or supported so that they will not be a menace to persons or property.
J. Electric signs made of metal, glass, plastic with lamps inside of the sign or with letters composed of lamps on the outside of same, or similar construction, may be erected, provided that:

(1) They are securely attached to posts or other supporting structures by metal supports or fasteners.
(2) They are designed, constructed and installed in conformance with all electrical codes for such electrical devices.
(3) They in no way can be considered, in the opinion of the Zoning Officer, as confusing or hazardous with regard to official traffic signaling or other protective devices.

K. Signs attached to a building shall be fastened directly to the walls by well-secured metal anchors. Wood supports or braces shall not be permitted. No electric lights or fixtures shall be attached in any manner to a wooden sign which is attached to a building or positioned on a property so that it is closer to a building than the total height of the sign.
L. Signs in commercial or industrial areas bordering a residential district shall not be located less than 30 feet from the property line which borders such residential districts.
M. Signs which face any dwelling located within a residential district may not be illuminated if the sign is located within 200 feet of such residential dwelling.

N. Every sign permitted under this part must be constructed of durable materials and must be kept in good condition and repair. Any sign which is allowed to become dilapidated or a menace to persons or property, and which continues in such condition for more than 30 days after receiving written notice from the Township Zoning Officer regarding the condition of said sign and instruction to either remove or repair said sign, shall be deemed a nuisance.
O. Conditional signs. The Board of Supervisors shall approve or disapprove such signs which in its discretion it deems appropriate, after consideration of:

(1) Factors such as traffic flow and congestion, highway visibility, topography, size and character of the land, size of the proposed sign in relationship to the size of the building and number of business establishments located at said premises, character of the surrounding neighborhood, and other factors relating to the health, safety and welfare of the community.
(2) The standards of review relating to conditional uses under this chapter.
(3) The burden of proof shall at all times be upon the applicant.

P. No sign of an individual or private corporation shall be attached or affixed to any public utility line pole, street sign pole, traffic sign or signal pole, or light pole.
Q. No pole enclosure, support encasement or any other device not defined as a sign, which does not support or brace the sign in any fashion, shall exceed 75% of the sign area.
R. Signs for commercial advertising on public grounds. Notwithstanding anything else contained in this part or elsewhere, and regardless of the zoning district in which the said public grounds are located, commercial advertising signs shall be permitted on public grounds when erected by the Board of Supervisors or approved as a conditional sign by the Board of Supervisors under Subsection R hereof.

1. Any sign existing at the time of the passage of this part that does not conform with the requirements set forth in this part and which was legal when erected shall be considered a nonconforming sign and may continue in nonconformity in accordance with this section. However, if a nonconforming sign ceases to be used for a continuous period of one year or is voluntarily removed by the landowner, such nonconforming sign will be deemed to have been abandoned, and any subsequent sign can only be erected in conformity with the provisions of this part.
2. A nonconforming sign of any type shall not be moved to another position or location upon the building, structure or lot on which it is located, nor shall the size or area of a nonconforming sign be altered or increased or its structure or construction altered or changed. Nothing herein shall prevent the repairing and restoring to a safe condition any part of a nonconforming sign or the structural supports of any such nonconforming sign.
3. Any nonconforming sign partially or totally destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used at the same location, provided that:

A. The reconstructed sign shall not exceed in height, area and volume the sign destroyed or condemned.
B. Sign reconstruction shall be completed within one year from the date the sign was destroyed or condemned.

4. Signs advertising a nonconforming use, when located on the site where such use is conducted, may be maintained or modernized, without increasing their size, provided that such nonconforming use shall have been in existence prior to the adoption of this chapter.
5. No sign shall be erected containing information on which it states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district on which the property to which this sign relates is located.
Permitted signs.
In all zoning districts within the Township signs may be erected, altered, maintained or used, only when in accordance with the provisions of this part and the table of sign regulations which is attached hereto as Schedule 27-A (Attachment 1, as part of the Zoning Chapter).

A. Types of signs, types of sign construction and types of sign illumination listed in Schedule 27-A are permitted by right in any district under which it is denoted by the letter "P," subject to all other applicable requirements of this part.
B. Types of signs, types of sign construction and types of sign illumination listed in Schedule 27-A, denoted by the letter "C," are permitted, provided the Township Board of Supervisors, pursuant to the recommendations of the Zoning Officer and pursuant to all other applicable requirements of this part, authorizes the issuance of a sign permit.
C. Types of signs, types of sign construction and types of sign illumination are not permitted in any district under which it is denoted by the letter "N."
D. The maximum size and area of permitted types of signs, sign construction and sign illumination for particular zoned districts are set forth in Schedule 27-A under the column designated "SZ." 

1. Pedestrian design standards.

A. Sidewalks are required along all street frontages with a minimum width of eight feet.
B. Sidewalks are required to connect the street frontage to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.
C. The sidewalk pattern shall continue across driveways.

2. Building design standards. Nonresidential buildings and apartment buildings shall meet the following requirements:

A. Building footprint. The maximum building footprint of nonresidential buildings shall not exceed 10,000 square feet.
B. Building orientation and entrances.

(1) The front facade of buildings shall be oriented towards commercial/main streets with an everyday public entrance in this front facade.
(2) When buildings are located on corners, the entrance shall be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy or other similar building feature. The Board of Supervisors may allow front facades to face existing side streets when these facades will extend an existing commercial district along this existing side street.
(3) All primary building entrances shall be accentuated. Entrances permitted include recessed, protruding, canopy, portico or overhang.

C. Walls and windows:

(1) Blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Walls or portions of walls where windows are not provided shall have architectural treatments that are similar to the front facade, including materials, colors and details. At least four of the following architectural treatments shall be provided:

(a) Masonry (but not flat concrete block).
(b) Concrete or masonry plinth at the base of the wall.
(c) Belt courses of a different texture or color.
(d) Projecting cornice.
(e) Projecting metal canopy.
(f) Decorative tilework.
(g) Trellis containing planting.
(h) Medallions.
(i) Opaque or translucent glass.
(j) Artwork.
(k) Vertical/horizontal articulation.
(l) Lighting fixtures.
(m) An architectural element not listed above, as approved by the Board of Supervisors, that meets the intent.

(2) Windows.

(a) The ground-floor front facades of buildings visible from the pedestrian view shall consist of a minimum of 60% window area and a maximum of 75%, with views provided through these windows into the business. Ground-floor windows shall be a maximum of 12 to 20 inches above the sidewalk.
(b) Upper-story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%.
(c) Smoked, reflective or black glass in windows is prohibited.

D. Roofs. Roofs shall be in keeping with the character of adjacent buildings or shall have pitched roofs. Pitched roofs shall have a minimum slope of 4:12 and a maximum slope of 12:12.
E. Building character. New infill development shall generally employ building types that are compatible to the historic architecture of the area in their massing and external treatment.
F. Architectural rhythm.

(1) New infill development shall also retain the architectural rhythm of building openings (including windows and entries) of the same block.
(2) New infill development shall also attempt to maintain the horizontal rhythm of main street facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle and base floors. Buildings shall have a distinct base at ground level using articulation or materials such as stone, masonry or decorative concrete. The top level should be treated with a distinct outline with elements such as projecting parapet, cornice or other projection.

G. Massing.

(1) Buildings shall be similar in height and size or articulated and subdivided into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.
(2) The massing of any facade should generally not exceed 50 feet maximum (horizontal dimension). Shop fronts may be broken down even further. Massing variations every 30 feet or less is preferred.
(3) Nonresidential buildings must have at least a three-to-five-foot break in depth in all street facades for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.

See § 27-1307: Definitions for terms associated with the TC District.

1. The following streetscape and green area standards are required for all new developments and additions/alterations along the street frontage:

A. Streetscape and green area standards should be developed in accordance with this section and a streetscape design reviewed and approved by the Board of Supervisors. The applicant shall include elevations and conceptual sketches in any proposed streetscape plan.
B. Figure 1 indicates the categories and minimum requirements for streetscape and green area standards. Category A contains planting and greening elements. Category B includes more elaborate greening elements as well as street furniture and other streetscape elements. Category C includes more extensive building elements, streetscape improvements, and open space elements. Figure 2 presents the streetscape and green area items within each category.

See § 27-13051.B for Figure 1 and Figure 2 for details on streetsacpe and green area standards.

C. Urban garden standards.

(1) Minimum size required is 300 square feet.
(2) An urban garden shall be located where it is visible and accessible from either a public sidewalk or pedestrian connection.
(3) Sixty percent of the garden shall be of plant materials such as trees, vines, shrubs and seasonal flowers with year-round interest. All trees shall be 3.5 inches in caliper.
(4) A water feature is encouraged.
(5) One seating space is required for each 30 square feet of garden area.

D. Public plazas/squares/courtyards standards.

(1) The minimum size required is 500 square feet.
(2) The plaza shall be located where it is visible and accessible from either a public sidewalk or pedestrian connection.
(3) Thirty percent of the plaza shall be landscaped with trees, shrubs and mixed plantings with year-round interest.
(4) The plaza shall use the following paving materials: unit pavers, paving stones or concrete. No more than 20% of the plaza shall be concrete.
(5) One seating space is required for each 30 square feet of plaza area.
(6) The plaza shall not be used for parking, loading or vehicular access (excluding emergency vehicular access).
(7) Public art and fountains are encouraged.
(8) Trash containers shall be distributed throughout the plaza.
(9) The plaza shall provide shade by using the following elements: trees, canopies, trellises, umbrellas or building walls.
(10) One tree is required for every 500 square feet. Trees shall be of 3.5 inches in caliper.
(11) Lighting shall be provided.
(12) Plazas shall connect to other activities such as outdoor cafes, restaurants and building entries.
(13) Plazas shall be located, if possible, to have maximum direct sunlight with a south or west orientation.
(14) Plazas, if constructed by a private entity, shall have an agreement with the community for public access.

1. A use listed as a use permitted by right is permitted subject to such requirements as may be specified in this chapter, subject to the requirements of Chapter 22: Subdivision and Land Development, if applicable, and subject to issuance of a zoning permit in accordance with Part 22: Administration of this chapter.
2. A use listed as a use permitted by special exception is permitted, subject to approval by the Zoning Hearing Board, subject to the requirements of Part 23: Zoning Hearing Board of this chapter, and subject to such further restrictions as the Zoning Hearing Board may establish.
3. A use listed as a use permitted by conditional use is permitted, subject to approval by the Board of Supervisors, following receipt of a recommendation from the Planning Commission, in accordance with the standards set forth in Part 22: Administration of this chapter, and such further conditions as the Board of Supervisors may impose to ensure the protection of adjacent uses and the health, safety or general welfare.
4. A use not listed as being permitted by right, special exception or conditional use in a particular zoning district is not permitted in that zoning district.

Creation of Board.
1. There is hereby created for the Township a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.
2. The membership of the Board shall consist of five residents of the Township appointed by resolution by the Board of Supervisors. The terms of office shall be for three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.
3. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
4. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in this chapter.
5. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.
6. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
Hearings.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

A. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
B. The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
C. The hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
D. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
E. The Chairman or Acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
F. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and to cross-examine adverse witnesses on all relevant issues.
G. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
H. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
I. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the lot or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
J. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
K. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
L. The Board of Supervisors shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board.

Jurisdiction.
1. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

A. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to Sections 609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §§ 10609.1, 10916.1.
B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
C. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order, or the registration or refusal to register any nonconforming use, structure or lot.
D. Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E. Applications for variances from the terms of this chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 910.2 of the MPC, 53 P.S. § 10910.2.
F. Applications for special exceptions under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Section 912.1 of the MPC, 53 P.S. § 10912.1.
G. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter.
H. Appeals from the Zoning Officer's determination under Section 916.2 of the MPC, 53 P.S. § 10916.2.
I. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving applications under Article V or VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq.

2. The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

A. All applications for approvals of planned residential developments under Article VII of the MPC, pursuant to the provisions of Section 702 of the MPC, 53 P.S. § 10702.
B. All applications pursuant to Section 508 of the MPC, 53 P.S. § 10508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. § 10501 et seq.
C. Applications for conditional use under the express provisions of this chapter.
D. Applications for curative amendment to this chapter or pursuant to Sections 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1 and 10916.1(a).
E. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Section 609 of the MPC, 53 P.S. § 10609.
F. Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to applications for land development under Articles V and VII of the MPC, 53 P.S. §§ 10501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to this section. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall be to the Planning Commission, and all appeals from the decision of the Planning Commission shall be to court.

Powers and duties; interpretation.
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:
1. Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
2. Where it is alleged there is error in any order, requirements, decision or determination, including any order requiring an alleged violation to stop, cease and desist made by the Zoning Officer in the enforcement of this chapter.
Powers and duties; variances.
1. Applicability. Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the dimensional requirements of this chapter, where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulations enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
2. Condition. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
3. Requirements and standards. No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards are satisfied. The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted; in particular, the applicant shall establish and substantiate that the appeal for the variance is in conformance with all the requirements and standards listed below:

A. That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
B. That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.
C. There must be proof of unique circumstances. There are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or buildings.
D. There must be proof of unnecessary hardship. If the hardship is general, that is, shared by neighboring property, relief can be properly obtained only by legislative action or by court review of an attack on the validity of this chapter.
E. That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship to show that greater profit would result if the variance were awarded. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions, it must result from the application of the Chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
F. The Board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulation or provision to which the variance applies.

1. Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval, and for no other use or purpose.
2. Conditions and standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
3. General requirements and standards applicable to all special exceptions. The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board shall, among other things, require that any proposed use and location be:

A. In accordance with the Lower Southampton Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
B. In the best interest of the Township, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity.
C. Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
D. In conformance with all applicable requirements of this chapter.
E. Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
F. In accordance with sound standards of subdivision practice where applicable.

4. The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of this chapter.
Parties appellant before Board.
Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Board of Supervisors pursuant to the Pennsylvania Municipalities Code), procedural questions or alleged defects in the process of enactment or adoption of a land use ordinance; or from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this chapter; from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner.
Stay of proceedings.
1. Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.
2. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.
3. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.
4. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond, and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney's fees incurred by the petitioner.
For more information on special exceptions, variances, time limitations and fees, click the Zoning Hearing Board tab in the Procedures section, which occurs under the "Highlights" heading on the Home Page.