Township of Mount Joy, PA Modifications

[Amended 8-21-2003 by Ord. No. 2003-5]

An applicant seeking a modification or exception to this chapter shall submit to the Township staff a request in writing that states the specific chapter section(s) involved and the reasons for the request. The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting(s), the Board of Supervisors may, in writing, grant a waiver or modifications to the specific requirements of this chapter. The Planning Commission or the Board of Supervisors may hold a public hearing on the request before granting approval.

The applicant must prove that the request will meet one or more of the following conditions:

(1)

Avoid an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property, and which may consider the date on which the applicant purchased the property; or

(2)

Avoid a clearly unreasonable requirement that would not serve any valid public purpose; or

(3)

Allow an alternative standard that is clearly proven by the applicant to provide equal or better results; or

(4)

Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted; or

(5)

Remove a requirement that is not applicable, especially because of the small size of the proposed subdivision or land development; or

(6)

Recognize that individual lots within a proposed commercial or industrial subdivision will require future land development approvals, and that certain engineering matters can be deferred until specific land development plans are submitted; or

(7)

Is necessary to result in a higher quality site design, including a design that is more pedestrian friendly, encourages lower speed traffic on residential streets and/or promotes patterns of development similar to traditional villages; or

(8)

Is necessary to minimize adverse impacts upon important natural features, scenic views and historic buildings.

Modification of requirements for conservation design development. In addition to the authority granted above, the Board of Supervisors shall have the authority to modify specific requirements of this chapter for a conservation design development.

(1)

A modification under this section shall be permissible to achieve either of the following objectives:

(a)

To result in a higher quality site design, including a design that is more pedestrian friendly, encourages lower speed traffic on residential streets and/or promotes patterns of development similar to traditional villages.

(b)

To minimize adverse impacts upon important natural features, scenic views and historic buildings.

(2)

Allowed modifications. A modification under this section may include, but is not limited to the following:

(a)

Reduction in the minimum horizontal curve radius of streets to promote lower speed traffic.

(b)

Variations in the design of cul-de-sac street ends.

(c)

Reduction of street cartway widths and provisions for alleys to provide rear access to properties, considering the expected traffic volumes, on-street parking and traffic speeds.

(d)

Allowance of roadside drainage swales without curbing where curbing is not necessary for stormwater management reasons.

(e)

Variations in landscaping and buffer yard requirements that still achieve a similar effect to what would otherwise be required.

(f)

Allowance of shared driveways where necessary to minimize impacts upon natural resources and to manage traffic access onto through streets.

(g)

Allowance of flag not in compliance with § 86-19 where necessary to minimize impacts upon natural resources. A flag lot shall only be approved by the Board of Supervisors if it will be within a conservation design subdivision and meets all of the following standards:

[Amended 9-3-2020 by Ord. No. 2020-06]

[1]

The applicant proves to the Board of Supervisors that the flag lot is necessary to minimize the environmental impacts (such as grading and removal of woods) that would otherwise occur, and would not result in a greater number of lots on the tract than would otherwise be feasible and allowed.

[2]

A flag lot shall meet the minimum lot width requirement stated in the Zoning Chapter as measured at the proposed front yard building setback line, as opposed to the minimum front yard building setback line.

[3]

The pole portion of the lot shall be the area of the lot that extends between the street and the location the lot width would meet the minimum lot width requirement. This pole portion of the lot shall not exceed 300 feet in length, as measured from the street right-of-way.

[4]

The lot shall have an absolute minimum lot width in all locations of 25 feet, including but not limited to the minimum lot width as measured along the street right-of-way. However, no more than 25% of the outer edge of paving of a cul-de-sac shall include driveway entrances.

[5]

A flag lot shall only be approved for a lot that is protected by a deed restriction or conservation easement from future subdivision.

[6]

Every flag lot shall have a driveway on the lot that provides access to a street.

[7]

A maximum of 20% of the lots within a subdivision may be approved as flag lots.

[8]

The applicant shall prove to the satisfaction of the Township that the proposed driveway would provide adequate access for emergency vehicles.

[9]

This section shall not relieve a property of any ordinance requirements other than the minimum lot width.

[10]

The minimum front yard requirement shall be met by being measured back from the location on the lot where the minimum lot width is met.

[11]

A flag lot may be approved behind an existing lot, but a flag lot shall not be placed behind another flag lot. Therefore, no more than one tier of flag lots shall be permitted.