..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997.. N

Transcription

..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997.. N
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..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997..
N. Disclaimer of Uability.
The degree of flood protection sought by the provisions of this ordinance is considered reasonable for
regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This ordinance does not imply that areas outside of the identified
floodplain districts, or that uses permitted within such districts will be free from flooding or flood
damages.
This ordinance shall not create liability on the part of West Fallovfield TownshiP or any offrcer or
enployee thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
903. WETL6ND PROIECTION DISTRICT (overlay district).
1
A. Applicability.
The provisions of Section 903 shall apply to all lands within West Fallowfield Township identified
being located within the boundaries of any Wettand as defined by this Ordinance.
as
B. General Intent"
The regulaiions of this section are intended to:
1. To promote conseniation of wetland
2. To
areas as a vital natural resourse.
maintain wetlands as a natural groundwater rerharge and purification slatem.
C. District Overlay.
The Wetland Conservation District, based on the definition in Section 903.E., shall be deemed an overlay
district to the otherwise applicable 2ening district, as defined by the West Fallowfield Township Zofug
Map. In the areas defined by this Ordinance, the provisions of said overlay district shall supersede the
provisions of the underlying zoning district.
D. Identlfication.
areas deemed located within the Wetland Protection District shall be identified as such when they
are present on any plan submitted for review to West Falloufield Township.
All
E.
Establishment of
District
The Wetland Consenration District, as defined by this Ordinance, shall consist of the following areas:
1. Those areas that are known to be inundated or saturated by surface or groundwater at a frequency
or duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adaptedfbr fife in saturated soil conditions, including swamPs, marshes, bogs, and
similar areas.
Z.
p1ilareas delineated on the National Wetland Inventory Maps, prepared by the U.S. Army Corps
Engineen.
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3.
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Areas containing the following hydric soils as defined by the United States Soil C-onsenation Service,
shown on the Soil Survev of Chester and Delaware Counties. Pennsvlvania. United States Department
of Agriculturg Soil C.onservation Service, 1959:
Soil
Symbol
Bo
CaA
CaB
Cz,B2
CrA
CrB
Gu
Mn
OtA
Tm
WaA
WaB
WaB2
wcB
We
WoA
WoB
WoB2
WoCZ
WsB
F.
19!ftt
Soil Name
Bovmansville silt loam
Calvert silt loam" 0 to 3 percent slope
Calvert silt loam, 3 to 8 percetrt slope
Calvert silt loam,3 to 8 peraent slope, moderately eroded
Croton silt loam, 0 to 3 percent slope
Croton silt loam,3 to 8 percent slope
Guthrie silt loam
Melvin silt loam
Othello silt loam
Tidal Manh
Watchung silt loam, 0 to 3 percent slope
Watchung silt loam, 3 to 8 percent slope
Watchung silt loam,3 to 8 percent slope, moderately eroded
watchung very stony silt loam, 0 to 8 percent slope
Wehadkee silt loam
Worsham silt loam" 0 to 3 pelcent
Worsham silt loam,3 to 8 percent
Worsham silt loam,3 to 8 percent, moderately eroded
Worsham silt loam, 8 to 15 peroent, moderately eroded
Wonham very stony silt loam, 0 to 8 percent
Use Regulations.
All
that partially or wholly encompass areas that are included in the Wetland Protection District
are subject to the use regulations of the underlying zoning district provided that the Desrgp Controls of
Section 903.G. and the Desrgn Standards of Section 903.[L are met
uses
G. Design Contnols.
Wetland areas shall not be disturbed in any manner
1. No s$pected or known wetland
'
cluding, but not limited to the following:
area may be fiUed
with soil, debris, building material, or other
g1fogrenge.
2. No vegetation
shall be cleared ftom any knou'n or suspected wetland area.
3. 11e1tring is permitted to be built on top of
knov,m
or
suspected wetland areas, including but not
limited to, roads, buildingp, foundations, and patios.
H. Design Standards.
1. Where no alternative for site ac@ss is anailable, crossing wetland areas shall be Permitted as a
rrariance. The appticant shall obtain all necessary Federal permits under Section 404 of the Federal
Water Pollution Control Act.
2.
Disturbance to lands within
E fwt of any Wetland Protection District shall be restricted-
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3. Storm water management
facilities shall be separated from wetland areas by a minimum of 25 feet
and shall be designed in such a manner as to limit any potential surface water run-off entering the
wetland areas to pre-development or pre-disturbance levels.
4.
Erosion control measures shall beemployed to prevent siltation or excessive drainage into designated
wetlands.
I.
Variance C.riteria.
it can be demonstrated that the regulations of this section have created a hardship on the paft
of the appliqmt, the regulations may be waived in accordance with Section 1808 and the following:
Where
1.
When applicable, the applicant has received necessary approval from the Pennsyhania Department
of Environmental Protection.
2. When
applicable, the applicant has received nec€ssary approval from the appropriate federal
authorities including the Arny Corps of Engineen.
904. STEEP SLOPE CONSERVATION DISTRICT (overlay district).
A. ApplicabilityThe provisions of Section 9(X shall apply to all lands within West Falloqdeld Township shown as being
located within the boundaries of any Steep Slope Conservation District as described by this Ordinance.
B. Intent
It is the general intent of this section to promote the conservation of
1.
steep slope areas so as to:
Protect.existing vegetative cover.
2. Protect
against pollution of surface and ground water ftom soil erosion.
3. Limit structures which
may not be suitably engineered for such areas.
C. District Overlay.
The Steep Slope Conserv"ation District, based on the definition in Section 904.D., shall be deemed an
overlay district to the otherwise applicable zoning district, as defined by the West Fallovfield Township
Zoning Map. In the areas defined by this Ordinance, the provisions of said overlay district shall
supersede the provisions of the underlying vsning districL
D. Establishment and Detemination of the District
The Steep Slope Consenation District includes lands bearing slopes of fifteen percent (l5Vo) or greater.
Slope shall be measured as the amount of vertical distance which occurs in a given amount of horizontal
distance.
The West Fallowfield Steep Slope C.onservation District is further classified into the following:
1. Minor Slope Distria:
The Migor Slope District includes all lands where the slope is betrneen ffieen percent (l5Vo) and
twenty-five (%E') inclusive.
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Significant Slope District:
The Significant Slope District includes all lands where the slope is greater than twenty-five percent
(xvo).
E. Minor
Slope Dishict Regulations.
Within the Minor Slope District all uses shall be permitted according to underlying zoning district
regulations provided that the following conditions are met prior to plan approval;
1. A site plan shall be submitted that identifies the following:
a.
The layout of the portion of the site to be disturbed, indicating existing grades and proposed final
gades shoqm with contour lines at two (2) foot intennals.
b.
Site vegetation, that identifies the current vegetation of the site, the vegetation that
removed during site dwelopmenL and final vegetation of the site.
2. Where an exoess of one (1) acre will be disturbed for the
will
be
proposed use, a National Pollutant
Discharge Flimination $rstem (MDES) shall be submitted to the Chester County Conservation
District Office for rwiew, and comments must be received prior to To'umship approval.
3. A Storq water Management Plan shall be submitted with the application. Said plan shall be in
accordance with the provisions of Section ffi7 of the West Falloufield Township SuMivision Land
Development Ordinance and shall identiS how storm water will be handled on the site.
F. Significant
Slope District Regulations.
Within the Significant Slope District the folos'ing regulation shall apply:
1. The following
uses and no others shall be permitted
a. Parls and outdoor recreational
uses provided
within the Significant Slope Distria:
minimal site disturbance is required.
b. Tree hrming when conducted in conformance with consemation
practices that ensure adequate
protection against soil erosion.
c.
Single fanily detached dwelling or a portion of the required
dwellings in accordance with the underlying zoning district
2. In addition,
a. A
lot for single fami$
detached
the applicant shall supply the following information with the application:
site plan shall be submitted that identifies:
(1)
The layout ofthe portion ofthe site to be disturbed, indicating existing grades and proposed
grades shown with contour lines at two (2) foot iilervals;
'final
(2)
proposed final grades;
(3)
a vegetation plan, that identifies the current vegetation of the site, the vegetation that
be removed during site dwelopment, and final vegetation of the site;
(4)
all paving retaining walls and drainage facilities on the site; and
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emergency vehicle access to the proposed site with a slope not
to
exc,e,ed
\2Vo.
b. Where an excess of one (1) aoe will be disturbed for the proposed us€, en NPDES shall be
submitted to the Chester County Conservation District Office for review, and comments must be
received prior to Township approval.
c. A Storm
water Management Plan in accordance with Section 6O7 of the West Fallovfield
Township Subdivision and I-and Development Ordinance shall be submittedwith the application.
Said plan shall identi$ how storm water will be handled on the site.
d. An
approved waste disposal permit from the Health Department for the proposed use shall be
required prior to approval.
9O5. WOODLAND PROTECTION DISTRICT (overlay distric{).
A. Applicability.
These provisions shall apply to all lands within the jurisdiction of West Fallourfield Township that
contain woodlands as defined by this ordinance.
B. Intent
The regulations of this section are intended to:
1. promote conseruation of woodland
2. limit the disturbance
resourses areas;
to areas of extensive tree cover;
3. maintain
wooded areas as the vital resouroe they are which include serving as natural wind breaks,
soil retention areas, and biotic habitats.
4. utilize
existing woodlands and hedgeroun ar a means of limiliag the visual impaa of proposed uses
from vieq/sheis, adjacent roadwap and uses.
5. maintain
and improve water quality.
C. District Overlay.
The Woodhnd Protection District, based on the definition in Section 905.D., shall be deemed an overlay
district to the otherwise applicable zoning district, as defined by the West Falloufield Township lnning
Map. In the areas defined by this Ordinance, the provisions of said overlay district shall supersede the
provisions of the underlying zoning district.
D. TVoodland Delineation.
Identification of woodlots and hedgeroun: Any woodlot or hedgerow, as defined by this ordinance shall
be identified on plans prior to being submitted for approval.
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E. Woodlot Managemenl
It is intended that existing woodlots throughout the Torvnship be presened as vital natural resource
areas. The following regulations shall apply to all parcels that partially or wholly encompass an exist'ng
woodlot as defined by this ordinance provided the total contiguolls area of the woodlot is one acre or
more:
1. The regulations of the under$ing
2sning district.
2, 'I\e
applicant for development shall submit a woodland management plan, prepared by a forester or
other qualified individual, which explains how the woodlot in question will be effected by the intended
use. The woodland management plan shall identify the following:
a. The location of all trees whose
driplines
ftll within the area to be disturbed and have a caliper
of four (4) inches or greater.
b.
The tre€s that will be removed before, during, or after the development process.
c.
Vegetative cover that will be added to the site.
3.
New vegetative cover added to the site, inciuding trees, should be compatible to the exisring varieties.
4.
The clear cutting of trees shall be prohibited.
5.
Selective cutt'ng, for the purposes of maintenance, safety, and good nurnagement shall be permitted.
6.
Individuals owning farms in the Agricultural District, as defined by this ordinance are exempt from
the regulations of this section €xcept in the following circumstances:
a.
Woodlols q{thin the Floodplain Conservation District shall complywith the regulations set forth
in this Section when located on a farm.
b. Woodlots within twenty (20) fect of
the property line of an existing residential use or within
twenty (20) feet of a residential zoning district shall comply with the regulations set forth in this
Section when located on a farn
c.
Individuals owning farms shall be permitted to clear cut woodlands when approved by the Board
of Supendsors
as a Special Exception.
F. Hedgerw Protcction.
It
is intended that the existence oi hedgetorn be utilized and maintained throughout the Toumship as
buffer zones and vegetative screening that limits the impact of new uses on existing uses while allowing
their continued natural state. Any parcel that encompasses a part or entire hedgerow shall adhere to
the following regulations:
1. All
proposed uses shall comply with the regulations of the underlying zoning district in which the use
is located.
2.
Trees and other vegetation located within the Ftood tlazard District, as defined in Section 902, shall
not be removed for any reason other than safety.
3.
The clear cutting of trees shall be prohibited.
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4. Any proposal for
development shall prepare a woodland management plan, prepared by a forester,
as recommended by the Pennsylvania State Bureau of Forestry, or other qualified individual, which
explains how the hedgerow in question will be effected by the intended
management plan shall identis the fouowing:
use. The woodland
a.
The location of all trees whose driplines fall within the area to be disturbed and have a caliper
of four (4) inches or greater.
b.
The trees that will be removed before, during, or after the development prooess.
c.
Vegetative cover that will be added to the site.
5.
Selective cutting, for the purpose,s of maintenance and safety, shall be pennitted when performed
by a qualified forester.
6. Farms in the Agricultural District, as defined by this ordinance are exempt from the regulations of
this section except in the following circumstances:
a.
Farms containing hedgerows within the Floodplain C-onservation
regulations set forth in this Section.
b.
Farms containing hedgeroun within twenty (20) feet of the property line of existing residential uses
or within twenty (20) feet of a residential zoning district shall mmply with the regulations set
forth in this Section.
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shall comply with the
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"Fchruary 1997"
ARTICLE l{NO
IIIGIIWAY CORRIDOR OVERI,AY DISTRICT
IOOI. DISTRICT AUTEORITY.
This Article has been established to manage aocess along Pennsylvania Routes 10 and 41 within West
Fallowfield Township, in accordance with:
A. The Municipalities Planning Code,
Sections 604 (1) and
Q)
and Section 605 (2) (i);
B. The West Fallovfield Comprehensive Plan (1992); and
C. The Avon-Grove Route 41 Corridor Plannine Studv (1988).
1002.
DISTRICT INIENT.
The purposes of this Article are to:
A. Implement the recornmendations set fonh in
W and VII of the Routes 41 conidor study;
Sections 9 and 11 of the comprehensive plan and Chapten
B. I imit the number of access poina along Routes 10 and 41, in the interest of public safetg
C. lvlaintain unobstructed mobility of these arterial highwaln as recognized by the comprehensive plan;
D. Prwent additional
E
aooess
points along Routes 10 and 41 where alternative
Apply design standards for new
F. Achieve coordinated
aocess
aocess
points are available;
points along Routes 10 and 41;
a@ess along Routes 10 and 41 while protecting the integrity
of the village of
Cochranville.
G. Apply acoqss management provisions uniformly s'ithin the Route 10 and 41 corridors;
H. RetainsandenhancestheruralattributesoftheTownshipthroughviennhedprotectionandcompatibility
with the character of surrounding uses.
1003. GEtrIERAL PROVISIONS.
A. Applicability.
The provisions of this Article shall apply to the following loa within West Fallovfield Township:
1. Irts with frontage along Routes
2. Lots with existing or proposed
10 or 41; and
ac@ss
to Routes 10 or
41.
B. District Overlay.
The Highway C.orridor Overlay District shall be deemed an overlay district to the otherwise applicable
zoning district as defined by the West Fallovdeld Tov,nship ZortngMap. The provisions of this overlay
district shall be in addition to the provisions of the underlying zoning district. In the event that the
provisions of the underlying zoning district and the Highway Corridor Overlay District are in mnflict
the more restrictive provision shall apply.
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C. Compliance.
No land nrjtlin the Highway Corridor Overlay District shall hereafter be used, no structure shall be
located, relocated, constructed, reconstructed, enlarged, or structurally altered, and no access constructed
or relocated except in full compliancewith the terms and provisions of this Section and other applicable
ordinances and regulations which apply to 115ss wirhin this district.
D. Identification.
All lots or portions
thereof deemed located within the Highuny Corridor Overlay District shall be
identified as such when they are present on any plan submitted for review to West Fallowfield Toumship.
E. Frontage on Efiec{ive Date of Ordinance.
For the purposes of enforcement and applicability of the standards contained herein, the measurei
ftontage of each lot along Routes 10 and 41 within the Highway Corridor Overlay District shall remain
as it existed at the effective date of this Ordinance.
F. Front Yard Setbaclc
The front yard setback requirement for all loa within the Highway Corridor Overlay District shall be
the same as the under$ing distric. Within the Village District, the ftont prd setback shall be measured
from the existing right-of-way. For all otler lots atong Route 10 or Route 41, the front yard setback
shall be measured ftom the ultimate right-of-way, as defined in Section 1003.G.
G. Illtimate Right of-Way.
Excluding those lots x'ithin the Village District, an ultimate right-of-way shall be reserved for all lots
along Route 10 or Route 41, in accordance with Sections 1003.G.1. and 103.G.2. herein. No structure
or use shall be permitted within the resewed area other than required accessua]ts.
1. Route
10
The ul :mate right-of-s'ay shall be measured forty (40) feet in both directions using a line
perpendicular to the centerline of the highcny.
2.
Route 41
The ultimate right-of-way shall be measured fifty (50) feet in both directions using a line
perpendianlar to the centerline of the highyay.
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Fallottrd
Toning Ordinance ..Ir€bnnry 199t7r.
lUM. ACCESS PREFERENCES.
Within the Highway Corridor Overlay District, ac@ss to Routes 10 and 41 shall depend on whether
alternative access points are available as well as sight and environmental conditions. The Applicant shall
consider all of the options for access to Route L0 or 41 ftom the proposed lot and the aacess feasibility in
accordance with Section 1004. The preferences of the Township for providing access to lots within the
overlay district are listed below. They have been ranked in order of desirability. It shall be the burden of
the Applicant to demonstrate why preferences (A) and (B) cannot be achieved before (C) or (D) shall be
considered.
A. Prefenence (A) - No
Nery Access
to Routes 10 or 41
Access points along Routes 10 and 41 shall not be established where access to a lot may provided
through the use of a lower functioning road or reverse frontage. If a lower functioning road is accessed
or reverse frontage is e.stablished, the design standards set forth in Section 1005.8. shall apply.
B. Preferenc'e (B) - Connection to Existing Access Point
Access points along Routes 10 and 41 shall not be established where aocess to a lot may be provided
through the use of an existing access point which is either on-site or adjacent to the lot. If access h
provided through the use of an existing acsess point, the de,sign standards set forth in Seaion 1005.8.
shall apply.
C. Prefenencne (C) - Creation of an Intemal Access Road
Where acoess to a lot cannot be provided as described by Section 1004..A. or Section 1004.8. due to sight
conditions, environmental constraints, or other reasons, then an internal ac@ss road sball be established
in accordance with the provisions of Sections 1005.C. and 1006.
D. Prefenence @) - Individual Access
Where aocess to a lot cannot be provided as described in Sections 1004.d, 1004.8., or 10(X.C. above due
to sight conditions, environmental constraints, or other reasons, then access may be provided to Route
10 or Route 41 subject to the provisions of Sections 1fi)5 and 1006.
1005. DISTRICTADMIMSTRATION.
A. Access points within the Highway Corridor Overlay District shall be established in accordance with the
Access Preferences order set forth in Section 10O4.
B. Access Preference (A) and (B) Standards.
Where aocess is provided to a
shall apply:
lot
as described
in Sertion 1004.A or l(XX.B., the following provisions
1. For subdivision and land development proposals, it shall be the burden of the Applicant to
demonstrate to the Township during Preliminary or Final Plan review that such access will be
established and in acmrdance with Township regulations. For shared access points, the Applicant
shall submit an ovmership and maintenance agreement.
2. For all other
proposals, it shall be the burden of the Applicirnt to demonstrate to the Township that
will be established and in accordance with Township regulations upon application for a
Building Permit. For shared access points, the Applicant shall submit an ownenhip and maintenance
such access
agreement.
rrpshrary,
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Vlc:tFallo*trdd TonngOrdimncc ..Itbrua{f, 1997.'
C. Access Preference (C) and (D) Standards
.
aooess cannot be provided as described in Section 1004.A
necessary, the following provisions shall apply:
Where
or 1004.8., and a new
access point is
1. It shall be the burden of the Applicant to demonstrate to the Township that access cannot
provided in accordance with Access Preferences A or B as set forth in Section 1004.
2. All proposals
3.
be
shall be reviewed in accordance with the Township Subdivision Ordinance.
In additlon to dl other materials, documents, and information required by the Subdivision Ordinance,
the Applicant shall submit a Property Access Plan. The Property Access Plan shall include:
a.
Proposed access point(s);
b.
Plan for providing access to remaining portions of the lot, including schematic layout for future
lots;
c.
Fxisting
d.
Adjacent secondary roads;
e.
The highvtay right-of-way as well as any reserve area for future or ultimate right-of-way;
f.
Sigbt distance wirhin the right-of-way;
g.
Environmental constraints, including floodplains, steep slopes, wetlands, and streams within the
right-of-way;
h. Access
i.
.
4.
aooess
points on adjacent lots;
points for properties on the opposite side of Route 10 or 41; and
The location and width of the cartway
as
well as €xisring shoulders of Route 10 or 41.
Coordination witn Pennsylnania Department of Transportation @ennDOT)
The Tovmship has an arrangement with PennDOT whereby access pernits will not be reviewed by
the Department unless it has a letter from the Township acknowledging the proposal.
11106. DESIGN STANDARDS.
Drivenap and local roads proposed to intersect Route 10 or Route 41 within the Highway &rridor Overlay
District shall be designed in accordance witb the standards set forth in this section.
A. Number of Access Points Per LoL
The total number of acc€ss points along Route 10 and Route 41 shall be restricted- The maxinum
number of access points permitted per lot, including spin-offlots within the Agricultural District" sha[
be determined in accordance with the following standards:
t.
Within the Village District no more than one
aocess
1txxL58
point shall be established per
lot
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2. Outside of Village District, the
number of access points shall be determined according to the lot
frontage in compliance with the following:
Maximum Number of Access Poins
Lot Frontage
I
L
L
t
l€ss than 400 feet
L
400 to 1000 feet
2
Over 1000 feet
3
B. Lot Width at Street Line.
Where a driveway or local road is to access Route 10 or Route 41, the minimum lot width at street line
shall be as folloun:
I
1. Within the Village District
To preserve the development pattern within the Village of Cochranville, standards for the minimum
lot width shall be determined according to the standards in Article 600.
)
2. Route
10 and Route 41 Outside
of (V) Village District
In any district other than the (9 Village District, the minimum lot width shall be two hundred feet
(1n)
feet.
C. Separation.Distancr Between Driverays.
The minimum distance between drivevays along Route 10 or Route 41 shall be as follows:
1. Within the Village District
The minimum separation distance shall be fifty feet (50').
2. Route
10 and Route 41 Outside of Village District
The minimum separation distance shall be two hundred feet (200').
D. Separation Distance Between Local Roads.
The minimum distance between local roads along Route 10 or Route 41 shall be as folloun:
1. Within
the village Districr
The minirnum separation distance shall be three hundred feet (300').
2. Route
10 and Route 41 Outside of Village District
The minirnum separation distance shall be four hundred feet 1+69';.
E. Separation Distance Between Drivway and Local Road Intersections.
Along Route 10 and Route 41, including the Village District, the minimum distance between a driveway
and the intersection of a local road with either Route 10 or Route 41 shall be one hundred and fifty
(150) fect.
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F. Future Access For Adjaent Prcperties.
When a new aoc€ss point is designed for Route 10 or Route 41, consideration shall be given to
establishing a joint accessway with a future adjacent use. The Board of SupenisoN may require the
establishment of a right-of-way to provide such access.
G. Variation of Standards.
Where sight distance, floodplain, wetland, or sterep slope areas prwent the design of a driveway or local
road in acmrdance with tne standards set forth in this section, an Applicant may request a variance ftom
the Zoning Hearing Board in accordance with Article 18m. It shall be the burden of the Applicant to
provetotheZoningHearingBoardthatthedrivewayorlocalroadcannotbedesigrredinaccordance
with said standards.
E. Interior
Irts
(Flag Lots).
Interior lots, as defined in Article 1900, shall not be established within the Highway Corridor Overlay
District when access is proposed along Route 10 or Route 41.
1flx){O