Township of Upper Allen, PA
Cumberland County
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§ 245-153 General requirements for accessory buildings or structures.

A. 
An accessory building or structure shall not be erected, set or placed in the front yard of any zoning district, with the exception of security guard stations and outdoor lighting fixtures.
B. 
An accessory building or structure may be erected, set, or placed inside rear or side yards, provided that:
(1) 
The accessory building or structure shall be no closer than 10 feet to the nearest wall of the principal or main building. Any accessory building or structure erected, set or placed less than 10 feet from the principal or main building shall be attached to the principal or main building and shall be considered as part of that structure.
(2) 
When an accessory building or structure is to be erected, set or placed in a side or rear yard, the accessory building or structure shall be located not less than five feet from the lot lines for a permanent structure or three feet for temporary structures.
C. 
An accessory building or structure shall be included in the lot coverage.
D. 
Except as exempt by the Pennsylvania Uniform Construction Code, all accessory buildings and structures shall be erected, set or placed in accord with the Township Building Codes.
E. 
An accessory building or structure shall not exceed 20 feet in height except for those listed under § 245-157 herein.
F. 
All accessory buildings or structures erected on Township-owned property shall be exempt from the regulations herein.
[Added 2-20-2013 by Ord. No. 704]

§ 245-154 Specific requirements for accessory structures, buildings and uses.

A. 
Fences, walls and structures.
(1) 
No fence or wall (except a retainer wall of a building permitted under this chapter) shall be erected to a height of more than 38 inches in a front yard and more than 74 inches in any other yard within all zoning districts, except for the C-1, C-2, BPO, INS, and I Districts. In those districts, no fence, hedge or wall, shall be erected to a height of more than eight feet in any yard. No fence or hedge or wall shall block the clear sight triangle for a motorist's view of vehicles entering or exiting the property, in accordance with § 245-160 herein.
(2) 
Fences must not be located less than two feet from the paved portion or berm of any private right-of-way or public easements, including any roads, streets or alleys maintained by either Upper Allen Township or the Commonwealth of Pennsylvania.
(3) 
Fences shall be finished on both sides in the same manner or, if finished only on one side, then said fence shall be erected so that the finished side faces outward away from the lot or parcel of ground where the same is erected.
(4) 
No fence, wall or structure shall be permitted or erected in a public or private drainage, utility or access easement. Any such fence erected in violation of this section shall be removed or relocated at the owner's expense.
(5) 
It shall be unlawful to construct or alter any fence over two feet high without first having secured a zoning permit. Fences less than two feet high shall be considered ornamental and shall not require a permit. It shall be unlawful to vary materially from the approved submitted plans and specifications unless such variations are submitted in an amended application to the Zoning Officer or other designated Township official and approved by this official.
(6) 
Application for such permits shall be made to the Zoning Officer and shall be accompanied by plans and specifications, in duplicate, showing the work to be done; such plans shall be verified by the signature of either the owner of the premises or the contractor in charge of the operation. Payments for permit applications or requests are due when such permits are approved.
(7) 
Such applications with plans shall be referred to the Zoning Officer, who shall examine the same to determine whether the proposed construction or alteration is in compliance with provisions of this chapter relative thereto and shall issue or reject the permit, in writing, within 15 working days from receipt of the application. Upon approval, one set of plans shall be returned to the applicant with a permit and the other shall be retained by the Zoning Officer or by the Zoning Officer's designee. No permit shall be issued until after approval of the plans.
(8) 
The Zoning Officer shall make or cause to be made such inspection as is necessary to see the enforcement of the provisions of this section.
B. 
Manure storage facilities.
(1) 
All manure management practices and operations shall comply with the provisions set forth in the Nutrient Management Act of 1993, or as amended.
(2) 
All waste storage facilities' designs shall be reviewed by the Cumberland County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility; and
(3) 
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Cumberland County Conservation District.
C. 
Swimming pools. Every outdoor swimming pool must conform to all applicable Township and state codes and shall be subject to the following regulations:
(1) 
No swimming pool shall be constructed in the front yard.
(2) 
Swimming pool setback shall be a minimum of 10 feet from property line to water's edge and seven feet from impervious surface or support structure to property line.
(3) 
Water may not be discharged from a swimming pool directly onto adjacent properties or rights-of-way.
(4) 
Pools shall not be located over an on-lot septic system drain field or drainage, utility or access easement.
D. 
Forestry operations. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including but not limited to timber harvesting, and to be in compliance with the Pennsylvania Municipalities Planning Code, as amended, forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Township where the value of trees, logs or other timber products removed exceed $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
(1) 
Policy and purpose. In order to conserve forested open space and the environmental and economic benefits it provides, it is the policy of Upper Allen Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values. The timber harvesting regulations are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
(2) 
Notification and preparation of a logging plan.
(a) 
For all timber harvesting operations, the landowner shall notify the Township Zoning Officer at least 10 business days before the operation commences and within 10 business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation.
(b) 
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
(c) 
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(3) 
Contents of the logging plan. As a minimum, the logging plan shall include the following:
(a) 
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(b) 
The design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;
(c) 
The design, construction and maintenance of stream and wetland crossings; and
(d) 
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(e) 
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings and water control measures and structures; location of all crossings of waters of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(f) 
Documentation of compliance with the requirements of all applicable state regulations, including but not limited to the following: erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.) and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(g) 
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
(4) 
Forest practices. The following requirements shall apply to all timber harvesting operations in the Township.
(a) 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(b) 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(c) 
All tops and slash between 25 and 50 feet of any public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
(d) 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(e) 
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(5) 
Responsibility for road maintenance and repair: road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation, to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
(6) 
Enforcement. The Township Zoning Officer shall be the enforcement officer for the standards set forth herein.
(7) 
Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during or after active logging to review the logging plan or any other required documents for compliance with the standards and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
(8) 
Violations notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of these standards and regulations, the Township Zoning Officer shall issue to the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township Zoning Officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a violation notice; the operation is proceeding without a logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township Zoning Officer, the operation is brought into compliance with the regulations herein or other applicable statutes or regulations.
(9) 
Penalties. Any landowner or operator who violates any provision of these regulations, refuses to allow the Township Zoning Officer access to a harvest site pursuant to Subsection D(7) of this section, or who fails to comply with a notice of violation or suspension order issued under Subsection D(8) of this section, is guilty of a summary offense and, upon conviction, shall be subject to a fine of not less than $100 nor more than $500, plus costs, for each separate offense. Each day of continued violation of any provisions shall constitute a separate offense.

§ 245-155 Yard adjustment regulations.

Yards shall be provided in accordance with the provisions of this chapter and shall be planted with grass, seed, sod, ground cover, mulch or other pervious decorative or vegetative cover, excepting in cases where walks, access drives, off-street parking lots, patios and other types of surfaces are permitted by this chapter.
A. 
Front yards.
(1) 
Each lot shall have a front yard as required in the district in which the lot is located.
(2) 
On corner or double frontage lots, each side of a lot having a street frontage shall meet the required front yard setback, but if a yard borders Route 15, then that yard which borders Route 15 shall be deemed to be a rear yard and shall meet the rear yard setback.
(3) 
Infill lots (lots within developed blocks): The required setback shall be the average of the setback of the existing principal buildings on either side of the lot. If the lot is the last lot in the district or at the end of the block or row of buildings, the front setback shall be within plus or minus five feet of the adjacent existing principal building setback on the developed side of the lot, unless the lot is situated on a corner, in which case the building shall be set back a distance that shall provide a clear site triangle at the intersection, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]
[1]:
Editor's Note: See Ch. 220.
B. 
Side yards.
(1) 
Side yards for corner lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
(2) 
The minimum residential driveway setback shall be three feet from the side lot line, with the exception of shared driveways for single-family semidetached units or single-family attached units, in which case the driveway may extend over the common property line of the attached or semiattached units. A maintenance agreement shall be required between property owners for the shared driveway facilities.
C. 
Rear yards. Notwithstanding other regulations herein, no rear yard shall be reduced to less than 15 feet; therefore, no principal building shall be constructed less than 15 feet from the rear property line.
D. 
Interior yards.
(1) 
Open space between principal buildings of a dwelling group on a lot in single ownership shall be provided as follows, unless otherwise stipulated under Article XXI for specific uses:
(2) 
When parallel or obliquely aligned, buildings shall have 50 feet between front or rear faces for one story in height, plus five feet for each additional story.
(3) 
Between end walls of buildings, a yard space of 25 feet for one-story building plus five feet for each additional story shall be required.
(4) 
Between end walls and front or rear faces of buildings, a yard space of 30 feet for one story plus five feet for each additional story shall be required.
(5) 
When two adjacent buildings differ in the number of stories, the spacing shall be not less than 1/2 of the sum of the required distance between two buildings of lower height plus that between two buildings of the greater height.
(6) 
The minimum distance separating multiple-family buildings from nonresidential uses shall be not less than 75 feet between buildings.
E. 
Projection in yards.
(1) 
Cornices, eaves, gutters, bay windows or chimneys or similar structures may project into the front, rear or side yard of a lot not more than 18 inches.
(2) 
Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
(3) 
Walks, stairs and window wells, and such other structures customarily incidental to the main building, may project into the front, side or rear yards of a lot, providing the structure elevation shall be not more than 12 inches above the yard grade.

§ 245-156 General buffer regulations.

A. 
Upper Allen Township recognizes that the processes of development can alter natural topography and vegetation, as well as cause other negative impacts. The Township also recognizes that development creates impervious cover, vehicular traffic, artificial light, increases in air temperature, accelerated runoff, erosion, sedimentation, glare, noise and incompatible uses of land which can negatively impact the community's ecological balance, visual character and individual, as well as community-wide, livability. The Township intends to protect and enhance its economic base, quality of life, and community character by encouraging quality development. Recognizing that the Upper Allen Township Comprehensive Plan promotes the protection of health, safety and welfare of the public and encourages quality development, this section is adopted in order to: 1) aid and stabilize the ecological balance of the environment in the Township; 2) provide buffers between uses of different character and intensity; 3) enhance the Township's general appearance; 4) safeguard and enhance property values; 5) protect public and private investments; 6) conserve energy; and 7) protect natural areas thereby providing natural habitats for wildlife.
B. 
Any nonresidential zone (C-1, C-2, BPO, I) or mixed-use zone with a nonresidential use (VB, INS, PRD) adjoining land within a conservation, residential or village zone (A, RL, R-1, R-2, R-3, VB, and VR) shall meet the following buffer yard type and width requirements, unless otherwise stipulated in this chapter. The buffer yard shall extend the entire length or width of the property line of the adjoining zone or lot.
Buffer Yard Requirements
Buffer Yard Type Nonresidential or Mixed-Use District* Minimum Buffer Yard Width (feet)
1 VB: Village Business 15
C-1: Neighborhood Commercial; PRD 30
2 C-2: Highway Commercial; BPO: Business Professional Office; INS: Institutional 50
3 I: Industrial 100
* Applies only when the use in the mixed-use district is other than a single-family residence.
C. 
Any lot used for other than a single-family detached or semidetached residence in a residential or mixed-use zone and abutting an existing or planned single-family detached or semidetached residence shall meet the requirements for buffer yard type 1, unless otherwise stipulated in this chapter.
D. 
Screening in the buffer yards shall be in accordance with the Upper Allen Township Subdivision and Land Development Ordinance, as related to buffer yard types.
E. 
No buffer yard shall be required in the VB and VR Districts; however, the screening of buffer yard type 1 shall be required in the applicable setback area in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] In the case of a lot used for nonresidential or multifamily uses abutting another lot of similar use, no buffer yard or screening is required.
[1]:
Editor's Note: See Ch. 220.
F. 
Buffer yard type 2 shall be required within the front setback area of all properties located adjacent to a minor arterial or along a collector roadway with the exception of those areas located in a VB or VR District.
G. 
All buffer yards shall meet the following requirements.
(1) 
No buffer yard or part thereof shall be used for parking, storage, loading and unloading.
(2) 
Buffer yards may coincide within any required building setback.
(3) 
Buffer yards may be crossed by access roads, service drives or easements with a maximum width of 35 feet, provided that the center line of road, drive or easement crosses the lot line and buffer yard at not less than 75°; however, no turning or maneuvering of vehicles shall be permitted in the buffer area
(4) 
Buffer yards shall extend for the entire width of the property line adjoining the residential property or district.
(5) 
All screening materials and landscaping shall not encroach upon the adjoining property line at full maturity.
H. 
The buffer yard for any nonresidential use separated from a residential use by a public road shall be reduced by one foot for every two feet of the distance between the property line for which the buffer yard is required and the center line of the public road but by not less than 1/2 of the original buffer.

§ 245-157 Height adjustments.

A. 
The following structures shall not be in excess of 50 feet in height: agricultural buildings, spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, steeples or towers, silos, barns intended for farming operations, and ornamental or necessary mechanical appurtenances, including radio and television antennas. Commercial radio and television antennas might be higher and are permitted under the appropriate special exception or conditional use provisions.
B. 
The permitted height in the following zoning districts may be increased by one foot for each one foot that the width of each side yard exceeds the minimum required and, in the case of more than one principal building on a single lot, for each one foot that the separation distance between buildings is increased, providing that no buildings exceed the maximum height for the district listed below:
(1) 
R-3, C-1, C-2, PRD shall not exceed 45 feet.
(2) 
Continuing care retirement community, long-term care facility and personal care facility uses in the R-2 District shall not exceed 45 feet and/or three stories.
(3) 
BPO, INS, I shall not exceed 55 feet.

§ 245-158 Habitable floor area.

The minimum habitable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes shall be 600 square feet. In case of apartment houses, accessory dwelling units, conversion apartments and mobile homes, the minimum habitable floor area shall be not less than 400 square feet, except those apartments designed for and occupied exclusively by one person, which apartment shall contain not less than 350 square feet of habitable floor area.

§ 245-159 Unenclosed storage.

A. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material is permitted in the front yard.
B. 
Dumpsters. All permanent trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a sight-tight masonry or fenced enclosure equipped with a self-latching door or gate, with the exception that dumpsters located in the agriculture district shall not be required to be screened or enclosed with fencing.
C. 
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost and in no case shall meat, or meat by-products, be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

§ 245-160 Obstructions to vision; sight distance.

A. 
No walk, fence, sign or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained or permitted which may cause danger to traffic or a street or public road by obscuring the view.
B. 
A clear sight triangle shall be maintained at all intersections of streets with streets, drives, drives with streets and private roads with streets, within which no structure or growing material shall exceed a height of three feet above the grade of the street, drive or road, and no branch of a tree or sign of any kind shall be lower than the nine feet above the grade of the street, drive or road. The clear sight triangle shall be:
(1) 
Seventy-five feet measured along the center lines of intersecting streets.
(2) 
Forty feet measured along the center line of a drive or private road and the intersected street.

§ 245-161 Performance standards for all uses.

All uses shall be subject to and comply with the following regulations, or as amended, where applicable.
A. 
Noise pollution and vibration: rules and regulations of the Pennsylvania Department of Environmental Protection.
B. 
Air pollution, airborne emissions and odor: rules and regulations of the Pennsylvania Department of Environmental Protection.
C. 
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691, or as amended.
D. 
Mine reclamation and open pit setback: Pennsylvania Act 147, the Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E. 
Glare and heat: rules and regulations of the Pennsylvania Department of Environmental Protection.
F. 
No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause.
G. 
Outdoor lighting. Where light fixtures are installed to provide exterior illumination, excluding overhead streetlighting and warning, emergency or traffic signals, the following restrictions shall apply. These standards will apply to all uses (except single-family dwellings).
(1) 
All outdoor lighting, whether or not required by this chapter; shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), as contained in the IESNA Lighting Handbook.
(2) 
All future amendments to the recommended practices of the IESNA shall be made a part of the chapter without further action by the Board of Commissioners.
(3) 
Streetlighting fixtures, when required for safety considerations, may be controlled by photocells for dusk to dawn operation
(4) 
The lighting from any luminary shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35° from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lighting is not permitted, except for temporary holiday lighting.
(5) 
Lighting shall be designed so that glare or direct illumination does not exceed one footcandle beyond the property line on which the lighting originates.
(6) 
Externally illuminated signs shall be lighted by fixtures mounted on top of the sign and aligned down rather than by fixtures mounted at the bottom of the sign and aimed up. Sign lighting shall be equipped with timers and extinguished between the hours of 11:00 p.m. and dawn.
(7) 
Such lighting on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (i.e., disabling glare).
(8) 
Pole-mounted lamps shall be placed directly above the area to be illuminated and shielded at the top and sides or positioned near the perimeter of a property and aimed toward the area requiring illumination, subject to applicable yard setback provisions.
(9) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, fixture placement, etc.
(10) 
The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted.
(11) 
Lighting of parking lots shall be in accordance with § 245-261 herein.
(12) 
Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this chapter.
(13) 
Nonconforming lighting. Any lighting fixture existing on the effective date of this chapter which does not conform with the requirements of this chapter shall be considered a lawful, nonconforming lighting fixture. A nonconforming lighting fixtures shall be made to comply with the requirements of this chapter when such fixture is replaced, relocated or repaired.
H. 
Subdivision and land developments shall be reviewed in accordance with the requirements of the Upper Allen Township Subdivision and Land Development Ordinance.[1]
[1]:
Editor's Note: See Ch. 220.
I. 
Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L., No. 101 (Act 101), as amended.
J. 
Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P. L. 1535, No. 537, as amended.

§ 245-162 Prohibited uses.

The following uses are prohibited in all districts within Upper Allen Township:
A. 
The incineration, reduction or storage of offal, animals, fish or refuse, unless by the authority of or under the supervision of Upper Allen Township.
B. 
The incineration or reduction of garbage and grass clippings.
C. 
Dumps and dumping of any kind, other than solid waste landfill and composting, unless by the authority of or under the supervision of Upper Allen Township.

§ 245-163 Uses not provided for.

Whenever under this chapter a use is not specifically permitted, the Zoning Officer shall refer to the North American Industry Classification System Manual (1997 printing or edition and current revisions) for the appropriate classification in accordance with the approved uses in that zoning district; however, in those cases that the use is not described or classified and/or the zoning permit has been denied and an applicant makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the case to the Zoning Hearing Board to hear and decide such request as a special exception (provided that the applicant pays the appropriate fees and meets conditions of the special exception procedure). The Zoning Hearing Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with the permitted uses in the district in which the subject property is located; is not permitted in any other district under the terms of this chapter; and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood.

§ 245-164 Waste and sewage disposal.

All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the Township Sewage Enforcement Officer or the Pennsylvania Department of Environmental Protection, as applicable, shall be prerequisite to the issuance of a building permit.

§ 245-165 Conservation/greenway area, development area, and density determinations for Option 1 and 2 conservation subdivisions.

Applicants shall use one of two methods to determine the minimum conservation area in the case of the A District or a greenway area for other districts; the maximum development area and the permitted residential building density for conservation subdivisions: the adjusted tract area approach or the yield plan approach.
A. 
Adjusted tract area approach. The adjusted tract area equals the gross tract area minus the constrained land (described below).
(1) 
Constrained land equals the sum of the following:
(a) 
All land within the rights-of-way of existing public streets or highways.
(b) 
All land under existing private streets.
(c) 
Wetlands: Multiply the acreage of designated wetlands by 0.80.
(d) 
Floodway: Multiply the acreage within the floodway by 1.00.
[Amended 2-20-2013 by Ord. No. 704]
(e) 
Floodplains: Multiply the nonwetland portion of the one-hundred-year floodplain by 0.50.
(f) 
Steep slopes: Multiply the acreage of land with natural ground slopes exceeding 25% by 0.80.
(g) 
Extensive rock outcroppings: Multiply the total area of rock outcrops and boulder-fields more than 1,000 square feet by 0.90.
(h) 
Steep slopes: Multiply the acreage of land with natural ground slopes of 15% to 25% by 0.25.
[Added 2-20-2013 by Ord. No. 704]
(2) 
If a portion of the tract is underlain by more than one natural feature subject to a density factor, that acreage shall be subject to the most restrictive density factor.
(3) 
Since acreage that is contained within the public or private rights-of-way, access easements or access strips is excluded from developable lot area, any portion of these items that also contains a natural feature subject to a deduction from the total tract acreage should not be included when calculating the adjusted tract area.
(4) 
Minimum required conservation area or greenway area. The minimum required conservation area or greenway area equals the adjusted tract area times the open space percentage for selected option in the underlying district plus all constrained land.
(5) 
Maximum development area. The maximum development area is the total tract area minus the conservation or greenway area.
(6) 
Permitted dwelling units. The maximum number of permitted dwelling units equals the adjusted tract area divided by the density factor for the selected option in the underlying district. (See Appendix A for table to calculate maximum number of permitted dwellings.)[1]
[1]:
Editor's Note: Appendix A, Adjusted Tract Area Calculation Worksheet, is included at the end of this chapter.
B. 
Yield plan approach. Determination of density or maximum number of permitted dwelling units shall be based upon the density factor of the chosen option applied to the gross tract acreage, as demonstrated by an actual yield plan. Yield plans shall meet the following requirements:
(1) 
Yield plans must be prepared as conceptual layout plans in accordance with the standards of the Subdivision Ordinance,[2] containing proposed lots, streets, rights-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
[2]:
Editor's Note: See Ch. 220.
(2) 
The yield plan must identify and demonstrate that wetlands, floodplains, steep slopes and extensive rock outcrops could be successfully absorbed in the development process without disturbance by allocating this area to proposed single-family dwelling lots.
(a) 
On sites not served by central sewage disposal, density shall be further determined by evaluating the number of homes that could be supported by individual septic systems on conventional lots. The applicant shall be required to provide evidence that 10% of lots at various locations distributed throughout the tract meet the standards for an individual septic system in order to be granted the full density determined by the yield plan. Should any of the lots in a sample fail to meet the standard for individual septic system, those lots shall be deducted from the yield plan.
(b) 
Yield plan dimensional standards. The following dimensional standards shall be used in the development of yield plans for Option 1 and 2 subdivisions in the A and RL Districts. The yield plan shall use the density factor of Options 1 and 2 in the R-1 and R-2 Districts as minimum lot area plus the standards of the underlying districts for other dimensional requirements. These minimum dimensions are exclusive of all wetlands, slopes greater than 25%, and land under high-tension electrical transmission lines (69kV or greater). No more than 25% of the minimum required lot area may consist of land within the one-hundred-year floodplain, and only then if it is free of wetlands.
District/Option Lot Area Street Frontage Lot Depth
A and RL - Agriculture Districts (Minimum)
Option 1 80,000 square feet 150 feet 300 feet
Option 2 60,000 square feet 125 feet 250 feet
RL District
Option 3 5 acres 300 feet N/A

§ 245-166 General regulations and design standards for conservation subdivisions.

A. 
Conservation subdivisions shall be governed by the following minimum general regulations:
(1) 
Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
(2) 
Existing resources and site analysis plan. An existing resources and site analysis plan shall be required in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.
(3) 
Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.
(4) 
Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing resources and site analysis plan as required by the Upper Allen Township Subdivision and Land Development Ordinance.[1] Lands within the floodway, one-hundred-year floodplain, wetlands, slopes in excess of 15% and rock outcroppings constitute such environmentally sensitive areas where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the preliminary plan and final plan.
[Amended 2-20-2013 by Ord. No. 704]
[1]:
Editor's Note: See Ch. 220.
(5) 
Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of wastewater treatment technique shall be based upon a thorough review and comment by the Township Sewage Enforcement Officer and Township Engineer and acceptance by the Pennsylvania Department of Environmental Protection and the Board of Commissioners.
B. 
Conservation subdivisions shall be governed by the following design standards.
(1) 
All new dwellings shall meet the following setback requirements:
(a) 
From all external road ultimate right-of-way: 100 feet.
(b) 
From all other tract boundaries: 50 feet.
(c) 
From cropland or pasture land: 100 feet.
(d) 
From buildings or barnyards housing livestock: 300 feet.
(e) 
From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.
(f) 
Minimum setbacks: distance between residential buildings on adjacent lots, unless otherwise indicated in the zoning district, shall be not less than 10 feet; however, no residential lot shall have a minimum side setback less than five feet. A nonresidential building shall be no closer than 20 feet to an adjacent building, with no nonresidential lot having a side setback less than 10 feet.
(2) 
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.
(3) 
House lots shall be accessed from interior streets, rather than from roads bordering the tract.
(4) 
At least three-quarters of the lots shall directly abut or face greenway land across a street.
C. 
Conservation subdivisions and greenways shall be governed by the following design guidelines.
(1) 
Pedestrian and maintenance access, excluding those lands used for agricultural purposes, shall be provided to greenway land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.
(b) 
Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
(2) 
All greenway land areas that are not wooded or farmed shall be landscaped in accordance with the landscaping requirements of the Subdivision and Land Development Ordinance.[2]
[2]:
Editor's Note: See Ch. 220.

§ 245-167 Conservation/greenway area easements.

Options 1, 2, and 3 conservation subdivisions: The required conservation area or greenway land shall be subject to permanent conservation easements prohibiting future development other than permitted or conditional uses.

§ 245-168 Ownership and maintenance of conservation and greenway areas and common facilities.

A. 
Ownership options. The following methods may be used, either individually or in combination, to own common facilities (conservation areas and greenway areas). Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(1) 
Fee simple dedication to Upper Allen Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the Township and the Township agrees to and has access to maintain such facilities. Furthermore, the Board may require adherence to conditions or standards set forth by the Township prior to acceptance of dedication.
(2) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant commonwealth law. All open land and common facilities shall be held as "common element."
(3) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in commonwealth regulations and statutes and the Upper Allen Township Subdivision and Land Development Ordinance. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws and all documents governing ownership, maintenance and use restrictions for common facilities.
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
(d) 
The association shall be responsible for maintenance and insurance of common facilities.
(e) 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid, with the accrued interest, before the lien may be lifted.
(f) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event.
(g) 
The association shall have adequate staff to administer, maintain and operate such common facilities.
(h) 
Evidence shall be produced as required by the Board to demonstrate the financial viability of the homeowner's association.
(4) 
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, given the following conditions:
(a) 
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely.
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Cumberland County becomes unwilling or unable to continue carrying out its functions.
(c) 
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions.
(d) 
A maintenance agreement acceptable to the Township is established between the owner and the organization or Cumberland County.
(e) 
Evidence shall be provided as required by the Board of Commissioners to demonstrate the financial viability and liability of the private conservation organization.
(5) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association or private conservation organization, while the easements are held by the municipality. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township.
(b) 
Any such easements for public use shall be accessible to the residents of the Township.
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(6) 
Non-common private ownership. The land may be owned privately, provided the conservation area or greenway is permanently restricted from future development through a conservation easement and that the Township is given the ability to enforce these restrictions.
B. 
Maintenance.
(1) 
Unless otherwise agreed to by the Board of Commissioners, the cost and responsibility of maintaining common facilities and conservation or greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(2) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation or greenway lands and operation of common facilities, in accordance with the following requirements:
(a) 
The plan shall define ownership.
(b) 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
(c) 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
(3) 
In the event that the organization established to maintain the conservation or greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(4) 
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the prothonotary of Cumberland County.