[Amended 5-18-1994 by Ord. No. 163; 2-19-1997 by Ord. No.
175; 4-4-2001 by Ord. No. 199]
A.
Purpose. The primary purpose of this zone is to promote
the continuation and preservation of agricultural activities in those
areas most suitable for such activities. Areas contained within the
zone have been specifically identified as possessing valuable and
nonrenewable natural and cultural resources. This zone also intends
to protect and stabilize the Township's viable agricultural economy
by eliminating uses that are incompatible with farming, but permitting
limited agricultural support businesses. Consequently, residential
uses are limited and any future inhabitants in this zone must be willing
to accept the impacts associated with normal farming practices and
related businesses. This zone limits the total number of subdivisions
and the maximum lot sizes of nonagricultural uses so as to avoid the
creation of farmettes which reduce the productivity of the Township's
agricultural economy. This zone is also intended to be a "sending"
area for the transfer of development rights. Finally, the provisions
of this zone have been specifically formulated to further the objectives
of the Municipalities Planning Code which provides that local zoning
ordinances shall be designed to preserve prime agriculture and farmland
considering topography, soil type and classification and present use.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached
dwelling contained on the site and including commercial poultry operations
and commercial livestock operations as defined herein.
(2)
Horticultural and forestry-related uses.
(3)
Municipal uses.
(4)
Public utilities structures.
(5)
Accessory uses customarily incidental to the above
permitted uses including, but not limited to, the following:
(a)
Roadside stands, as an accessory use to the
farm, for the sale of agricultural products, subject to the following:
[1]
Any structure used to display such goods shall
not exceed 2,000 square feet in size, and shall be located at least
25 feet from any property line.
[2]
At least half of the products displayed for
sale must have been produced on the premises.
[3]
Off-street parking shall be provided for all
employees and customers.
[4]
Any signs used shall be attached to the roadside
stand structure and shall not exceed 10 square feet in total area
nor exceed a maximum height of 15 feet.
(b)
Family day-care facilities as defined herein.
(c)
Manure storage facilities, as an accessory use
to a farm, subject to the following regulations:
[1]
All manure storage facilities shall be designed
in compliance with the guidelines outlined in the publication Manure
Management for Environmental Protection, Bureau of Water Quality Management
Publication No. 43, and any revisions, supplements, and replacements
thereof, published by the PA DEP, copies of which are available from
the Water Quality Management in the PA DEP Regional Offices located
at 1 Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4585.
[2]
All waste storage facilities' designs shall
be reviewed by the Lancaster County Conservation District. The applicant
shall furnish a letter from the Conservation District attesting to
approval of the design of the proposed facility.
[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 Lancaster
County Conservation District.
(e)
Beekeeping, on any farm within the Township,
subject to the following:
[1]
The applicant shall obtain a zoning permit from
the Zoning Officer.
[2]
It shall be the duty of the applicant to maintain
each colony so as not to create a public nuisance.
[3]
Colonies shall be maintained in movable frame
hives.
[4]
All beehives shall be maintained in a healthy
condition using locally-accepted beekeeping management procedures.
[5]
All hives shall be at least 50 feet from a public
road, or shall have a minimum five high fence or vegetative obstruction
between the apiary and the road, or shall be elevated above the roadway
so as to direct bee flight above traffic or pedestrians.
[6]
There shall be a source of water within 1/2
mile of the apiary.
[7]
New rural apiaries of 10 hives or more shall
not be established within 50 yards of any adjoining property containing
a residence.
D.
Conditional uses. (Subject to the review procedures listed in § 340-131 of this chapter.)
E.
Limitations on subdivision/land development.
(1)
It is the purpose and intent of the Agricultural Zone
to limit the development of agricultural tracts regardless of whether
such development is accomplished by subdivision or land development
as those terms are defined in the Pennsylvania Municipalities Planning
Code. In order to preserve the agricultural tracts, it is the express
intent of this zone that the subdivision of lots from farms or the
development of nonagricultural uses and structures on existing farms
shall be limited. In addition, it is the express intent of these provisions
that the maximum size of lots created for any use other than agriculture
be limited in order to provide for the retention of tracts of sufficient
size to be used for agricultural purposes. It is the intent of the
Board of Supervisors to implement the mandate of § 604(3)
of the Pennsylvania Municipalities Planning Code to preserve prime
agricultural land through the enactment of these regulations.
(2)
Number of lots, dwelling or other principal nonagricultural buildings permitted. For each parent tract there shall be permitted the subdivision of one lot (which shall specifically include, but not be limited to, a subdivision to erect a single-family dwelling (subject to obtaining conditional use approval as required by Subsection D(1), above), a subdivision to create a lot for any permitted nonagricultural use (subject to obtaining any required special exception or conditional use approval), a subdivision to create a farm or farms and a subdivision to change lot lines or a "lot add-on" subdivision which removes land from the parent tract to add the land to another lot) or the erection of one single-family dwelling or other principal nonagricultural building on the parent tract (subject to obtaining any required special exception or conditional use approval), but not both, with the portion of the existing or newly created lot used for residential purposes limited to the maximum lot size set forth in Subsection F(2)(a), below, for each 20 acres or part thereof held on November 13, 1985, or if the parent tract was not classified as Agricultural Zone on November 13, 1985, on the date when such land was first included in the Agricultural Zone after November 13, 1985. A tabular example of this limitation on the creation of lots or the erection of dwellings or other principal nonagricultural uses is as follows:
|
Lot Area
(acres)
|
Number of New Lots Which May Be Subdivided
or Number of Dwellings or Nonagricultural Principal Uses Which May
be Established
| ||
|---|---|---|---|
|
At Least
|
Less Than
| ||
|
2
|
20
|
1
| |
|
20
|
40
|
2
| |
|
40
|
60
|
3
| |
|
60
|
80
|
4
| |
|
80
|
100
|
5
| |
|
100
|
120
|
6
| |
|
120
|
140
|
7
| |
|
140
|
160
|
8
| |
|
160
|
180
|
9
| |
|
180
|
200
|
10
| |
|
200
|
220
|
11
| |
(4)
Any lot existing on the effective date of this section (February 24, 1997), which is 10 or fewer acres in size shall be presumed to be used for residential purposes. No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size set forth in Subsection F(2), except as otherwise provided in Subsection E(6).
(5)
A subdivision, the sole purpose of which is to provide for a lot-add-on, where both the parent tract from which the land is taken, and the lot to which the land is added, comply with the lot area requirements of Subsection F, and are presently being used for agricultural purposes shall not be included when computing the permissible number of lots which may be subdivided from a parent tract as set forth Subsection E(2), above.
(6)
A subdivision, the sole purpose of which is to transfer not more than 10,000 square feet of land to increase the size of an existing lot for the purpose of making a boundary line more regular, shall not be included when computing the permissible number of lots which may be subdivided from a parent tract as set forth in Subsection E(2), or when computing the maximum lot size set forth in Subsection F(2). If DEP regulations require an area greater than two acres for the dispersal of nitrogen-nitrates, the land area necessary for this dispersal shall not be permitted to be a part of the lot. The owner of the parent tract from which such lot is created shall grant a plume easement over adjoining land on the parent tract to provide for the necessary dispersal of the nitrogen-nitrates and shall record all necessary documentation to give public notice of this easement.
(7)
A subdivision to create a lot which will be transferred to the Township, or a municipal authority created by the Township, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection E(2).
(8)
Any subdivision or land development plan hereafter
filed with the applicable approving body for subdivision or land development
of a parent tract shall specify which lot or lots shall carry with
it a right of further subdivision or establishment of principal uses,
if any such right remains from the quota allocated to the parent tract
on November 13, 1985, or on the date when such land was first included
within the Agricultural Zone. The right of further subdivision or
establishment of principal uses shall also be included in the deed
for the newly-created lot. If the designation of the right of further
subdivision or establishment of principal uses was not included on
a subdivision or land development plan of a parent tract, it shall
be conclusively presumed that the largest lot remaining after subdivision
shall carry the right of further subdivision or establishment of principal
uses.
(9)
The number of lots which may be created or principal
uses which may be established shall be fixed according to the size
of the parent tract. This number shall not be increased by the subdivision
of such parent tract. Any subsequent owner of a parent tract or land
remaining in a parent tract after subdivision of land which was formerly
part of a parent tract shall be bound by the actions of his predecessor.
F.
Lot area requirements.
(1)
Agricultural, horticultural and forestry uses. Ten
acres minimum for uses existing on the effective date of this section
(February 24, 1997); 20 acres minimum for uses established after the
effective date of this section (February 24, 1997).
(2)
Single-family detached dwellings.
(a)
Minimum lot area shall be one acre, with a maximum
lot size of two acres; however, the minimum lot area requirement may
be reduced to 15,000 square feet if both public sewer and public water
are utilized.
(b)
Where an applicant desires to subdivide an existing dwelling from the parent tract, the applicant may opt to impose the maximum lot area requirements of this Subsection F(2) upon such existing dwelling, rather than on a proposed dwelling which may be located on the remainder of the parent tract.
(c)
The minimum and maximum lot area requirements
imposed by this section assume compliance with all PA DEP regulations
pertaining to sewage disposal, and sewage disposal requirements in
excess of the maximum lot area shall be provided through the use of
plume easements over the remainder of the parent tract.
G.
Minimum lot width. One hundred feet at the front yard
setback line and 60 feet at the street frontage.
H.
Minimum setbacks and maximum height requirements.
(1)
Agricultural, horticultural and forestry uses (other
than farm dwellings).
(a)
Front yard setback: 50 feet.
(b)
Side yard setback: 50 feet on each side (100
feet total).
(c)
Rear yard setback: 50 feet.
(d)
Special setback requirements.
[1]
Except as provided for in the following subsection,
area for the storage or processing of manure, garbage or spent mushroom
compost, structures for the cultivation of mushrooms or the raising
of commercial livestock, or any building housing commercial livestock
shall not be permitted within 300 feet of any property line within
any of the Residential Zones.
[2]
The Zoning Hearing Board may as a special exception,
however, reduce the above special setback requirements where it is
shown that, because of prevailing winds, unusual obstructions, topography
or other conditions, a lesser distance would protect adjoining lands
from odor, dust or other hazards. In no case, however, shall the Zoning
Hearing Board reduce the special setback requirement to less than
100 feet. The burden shall be upon the applicant to prove that a lesser
distance would not be detrimental to the health, safety and general
welfare of the community.
(e)
These setbacks shall not apply to agricultural
fences that are used to contain agricultural livestock. Such fences
shall be set back a minimum of six feet from any adjoining street
right-of-way lines.
(f)
Maximum permitted height. One hundred fifty
feet provided all structures are set back a distance at least equal
to their height from all property lines.
(2)
Single-family detached dwellings (including farm dwellings).
(a)
Single-family detached dwellings established
before November 13, 1985.
[1]
Front yard setback. The appropriate minimum front yard setback set forth in § 340-14 of this chapter.
[2]
Side yard setbacks. The appropriate minimum side yard setbacks set forth in § 340-14 of this chapter.
(3)
Other permitted, special exception or conditional
uses. Unless otherwise specified, the following requirements shall
apply to all other principal uses permitted within the Agricultural
Zone:
(4)
Residential accessory uses.
(a)
For any parcel where the principal use is a residential use established before November 13, 1985, the requirements set forth in § 340-14 of this chapter relating to front yard setback, side yard setbacks, rear yard setback and maximum permitted height for accessory uses shall apply.
(b)
Unless otherwise specified, for any parcel where
the principal use is a residential use established on or after November
13, 1985, the following requirements shall apply:
(c)
Front yard setback. No accessory use (except
roadside stands and permitted signs) shall be located within the front
yard.
(d)
Side yard setbacks: 15 feet on each side (30
feet total).
(e)
Rear yard setback: 15 feet.
(f)
Maximum permitted height: 20 feet.
I.
Maximum lot coverage.
(1)
Agricultural, horticultural and forestry-related uses:
10%.
(3)
Churches and related uses and public and private schools.
[Added 11-19-2008 by Ord. No. 234[2]]
(a)
For those churches and related uses and public and private schools
existing as of November 24, 2008, the maximum lot coverage shall be
50%.
(b)
For those churches and related uses and public and private schools
established after November 24, 2008, the maximum lot coverage shall
be 20%.
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection I(3) as Subsection I(4).
(4)
Other
uses (unless otherwise specified): 20%.
J.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 340-33 of this chapter. All access drives serving other uses shall be in accordance with § 340-34 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements.
K.
All uses permitted within this zone shall also comply with the general provisions contained within Article III of this chapter.
L.
Agricultural nuisance disclaimer. All lands within
or abutting the Agricultural Zone are located within an area where
land is used for commercial agricultural production. Owners, residents
and other users of this property may be subjected to inconvenience,
discomfort and the possibility of injury to property and health arising
from normal and accepted agricultural practices and operations including,
but not limited to, noise, odors, dust, the operation of machinery
of any kind including aircraft, the storage and disposal of manure,
the application of fertilizers, soil amendments, herbicides and pesticides.
Owners, occupants and users of this property should be prepared to
accept such inconveniences, discomfort and possibility of injury from
normal agricultural operations, and are hereby put on official notice
that § 4 of the Pennsylvania Act 133 of 1982, the "Right
to Farm Law," may bar them from obtaining a legal judgment against
such normal agricultural operations.
M.
Agricultural setback requirement. On any separate
nonfarm parcel, except on a parcel where the principal use is a residential
use established before November 13, 1985, no shrub shall be planted
and no accessory residential structure or fence shall be placed within
10 feet of any land used for agricultural purposes, and no tree shall
be planted within 30 feet of any land used for agricultural purposes.
N.
Required conservation plan. Any agricultural, horticultural
or forestry-related uses which involve earthmoving activities, or
the commercial harvesting or timbering of vegetation, shall require
the obtainment of an approved conservation plan by the Lancaster County
Conservation District pursuant to Chapter 102, Erosion Control, of
Title 25, Rules and Regulations, PA DEP. All onsite activities shall
then be conducted in compliance with the approved conservation plan.
O.
No farming operation shall be conducted within a public
right-of-way.
P.
All agricultural, horticultural and forestry uses
shall be conducted so as to minimize the conveyance of stormwater
off the site.
[Amended 2-19-1997 by Ord. No. 175; 11-19-1997 by Ord. No.
178]
A.
Purpose. This zone acknowledges areas that lie beyond
the Township's planned utility service areas. Consequently, these
areas should not be used for intensive development that would require
the use of public utilities. In addition, these areas are not characterized
by prime farmlands, and therefore, are not subject to preservation.
Large-lot housing and limited nonresidential uses have been provided
for, to create a pleasant rural setting.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site and excluding commercial poultry operations and commercial livestock operations, subject to the standards listed in § 340-11 of this chapter.
(2)
Horticultural and forestry-related uses, subject to the standards listed in § 340-11 of this chapter.
(3)
Public uses and public utilities structures.
(4)
Single-family detached dwellings.
(5)
Accessory uses customarily incidental to the above
permitted uses.
E.
Minimum lot area requirements. Unless otherwise specified, all uses within this zone shall contain a minimum area of one acre; however, the minimum required lot size may be increased to accommodate the use of onlot sewers as determined by the PA DEP (see § 340-40).
F.
Minimum lot width: 150 feet at the building setback
line and 105 feet at the street frontage.
G.
Maximum lot coverage: 20%.
J.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
K.
Agricultural setback requirement. No dwelling unit
shall be located within 100 feet of any land within the Agricultural
Zone. In addition, on any separate nonfarm parcel, no shrub shall
be planted, and no accessory residential structures or fences shall
be placed within 10 feet of any land used for agricultural purposes.
Similarly, no tree shall be planted within 30 feet of any land within
the Agricultural Zone.
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose and intent. This zone seeks to protect environmentally-sensitive
areas of the Township that also have significant scenic value for
passive and active recreational pursuits. Specifically, the forested
areas, steep slopes, stream and creek valleys, lakes and floodplains
along Warwick Road are included. Permitted uses within this zone encourage
the most appropriate conservation/recreation activities for these
areas; however, some forms of development are allowed under prescribed
criteria. Cluster housing is provided by conditional use as a means
of encouraging preservation of important natural features, in return
for intensive development upon areas suitable for such uses. The provisions
of this zone have been specifically formulated to satisfy § 604(1)
of the Municipalities Planning Code which requires local zoning ordinances
to promote, protect and facilitate the preservation of the natural,
scenic and historic values in the environment and preservation of
forests, wetlands, aquifers and floodplains.
B.
Permitted uses.
(1)
Municipal uses.
(2)
Activities related to the preservation and conservation
of natural, historical and/or archaeological resources.
(3)
Agricultural, horticultural and forestry-related uses, subject to the requirements listed in § 340-11 of this chapter. Furthermore, any agricultural, horticultural or forestry related uses which involve the disturbance of land, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the Lancaster County Conservation District. All onsite activities shall then be in compliance with the approved conservation plan.
(4)
Public uses and public utilities structures.
(5)
Single-family detached dwellings or seasonal residences.
(6)
Accessory uses customarily incidental to the above
permitted uses.
E.
Minimum lot area. Ten acres; provided, however, that for existing lots (as of the effective date of this chapter) that are larger than one acre, but less than 10 acres, there may be permitted one single-family detached dwelling as a permitted use, subject to the requirements of § 340-40 of this chapter.
F.
Minimum lot width. Two hundred fifty feet at the building
setback line and at the lot frontage.
G.
Minimum lot depth: 350 feet.
H.
Minimum setback requirements. All buildings and structures
shall be set back at least 50 feet from all property lines.
J.
Maximum lot coverage: Not more than 15% of the total
lot area.
K.
Woodland preservation requirements.
(1)
In existing wooded areas (at the effective date of
this chapter) at least 80% of the number of trees of a minimum trunk
caliper of five inches, measured six inches above the ground, that
exist at the time of application for zoning permit shall be maintained
or replaced immediately following construction, and prior to use or
occupancy. Replacement trees shall be a minimum of two inches in diameter
measured at a height of six inches above finished grade.
(2)
Only those areas necessary for the construction of
buildings or structures, for which a zoning permit has been issued,
shall be cleared of existing woodland.
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. This zone is meant to accommodate primarily suburban detached
residential growth within the Township. Attached dwellings in the
form of townhouses or quadraplex buildings may be permitted when mixed
with single-family detached dwellings as part of a cluster development
designed to maximize the permanent protection of a site's natural
and cultural resources, be compatible with surrounding residential
land uses, and only when public sewer and water utility services are
available. Other multifamily dwellings, such as and including but
not limited to apartments, are not permitted in the R-1 Residential
Zone. This zone coincides with potential sewer and water utility service
areas; however the actual availability of these services is likely
to occur at different times, in different areas. As a result, permitted
densities have been adjusted according to the availability of these
public utilities. When no public sewers are provided, minimum lot
area requirements have been sized to provide for an initial and a
replacement on-site sewage disposal system. Similarly, the lack of
adequate groundwater within parts of the Township compels low density
without the use of public water. All units that are proposed without
the use of public utilities will be required to be situated to one
side of a wider lot so that future in-fill development potentials
can be protected when public utilities become available. Nonresidential
uses have been specifically excluded to protect the low density residential
character of these neighborhoods.
[Amended 8-21-2019 by Ord. No. 287]
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained on the site, subject to § 340-11 of this chapter, and excluding commercial poultry and commercial livestock operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Municipal uses.
(4)
Public utilities structures.
(6)
Accessory uses customarily incidental to the above
permitted uses.
E.
Design standards. See table below:
[Amended 11-9-2008 by Ord. No. 234]
|
Minimum Side Yard
| |||||||
|---|---|---|---|---|---|---|---|
|
Utilized Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Front Yard Setback
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear Yard
(feet)
|
|
None, public water or public sewer
|
43,5601
|
280
|
20%
|
40
|
Note 3
|
Note 3
|
50
|
|
Both public sewer and public water
|
15,000
|
1002
|
35%4
|
40
|
15
|
30
|
35
|
|
NOTES:
| |
|---|---|
|
1
|
All uses relying upon on-lot sewer must comply with § 340-40 of this chapter.
|
|
2
|
Minimum lot width at the street right-of-way
line may be reduced to no less than 70 feet when located on a cul-de-sac
turnaround.
|
|
3
|
Minimum 140 feet on one side, plus a minimum
of 25 feet on the other side.
|
|
4
|
The maximum lot coverage for "churches and related
uses" and "public and private schools" shall not exceed 60%.
|
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit
shall be located within 100 feet of any land within the Agricultural
Zone. In addition, on any separate nonfarm parcel, no shrub shall
be planted, and no accessory residential structures or fences shall
be placed within 10 feet of any land used for agricultural purposes.
Similarly, no tree shall be planted within 30 feet of any land within
the Agricultural Zone.
J.
Design standards for existing lots. The following design standards shall apply to single-family detached dwellings permitted by Subsection B(5) of this section:
|
Minimum Side Yard
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Utilized Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Front Yard Setback
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear Yard
(feet)
| |
|
None
|
20,0001
|
1002
|
30%
|
30
|
10
|
20
|
35
| |
|
Either public sewer or public water
|
15,0001
|
902
|
30%
|
30
|
10
|
20
|
35
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
All uses relying upon onlot sewer must comply with § 340-40 of this chapter.
| |
|
2
|
Minimum lot width at the street frontage
may be reduced to 70% that required at the building setback line when
the lot abuts a cul-de-sac turnaround.
| |
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. This zone seeks to accommodate the higher density needs of the Township as well as the need and desire for moderate density housing for age-restricted development. A wide range of housing types are encouraged with densities exceeding those permitted elsewhere in the Township. Portions of this zone are located near existing multifamily developments and major transportation routes. Certain civic and residential related uses have also been allowed to enhance convenient access to this higher concentration of residents. This zone coincides with expected sewer utility service areas; however, the actual availability of these services is likely to occur at different times and in different areas. As a result, permitted densities and housing types have been adjusted according to the availability of these public utilities. All detached units that are proposed without the use of both public utilities will be required to be situated to one side of a wider lot so that future in-fill development potentials can be protected until public utilities become available. Cluster developments have been permitted by conditional use, with density bonuses, to encourage this preferred development pattern. The Village Overlay Zone (See § 340-23.) applies a comprehensive set of optional design standards that can be applied to lands within the R-2 Zone. Finally, this zone provides for age-restricted development by conditional use, provided that such development meets certain criteria.
[Amended 10-3-2012 by Ord. No. 257]
B.
Permitted uses.
(1)
Agriculture, including one single-family detached
dwelling contained on the site, and excluding commercial poultry and
commercial livestock operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Duplexes.
(4)
Townhouses.
(5)
Multiple-family dwellings.
(6)
Municipal uses.
(7)
Public uses and public utilities structures.
(8)
Accessory uses customarily incidental to the above
permitted uses.
E.
Design standards. See table below:
[Amended 11-19-2008 by Ord. No. 234]
|
Minimum Yards
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Use
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Maximum Net Density
(du/ac)6
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Front
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| |
|
SFD
|
Both public water and public sewer
|
10,000
|
4
|
802
|
35%
|
40
|
15
|
30
|
35
| |
|
Duplexes
|
Both public water and public sewer
|
6,000 per unit
|
5
|
502 per
unit
|
35%
|
30
|
25
|
(N/A)
|
30
| |
|
Townhouses3
|
Both public water and public sewer
|
2,000 per unit
|
5
|
20 per unit
|
60%
|
30
|
15 (end units)
|
(N/A)
|
30
| |
|
Multiple family4
|
Both public water and public sewer
|
87,120
|
5
|
200
|
60%
|
50
|
30
|
60
|
50
| |
|
Other uses
|
Both public water and public sewer
|
43,560
|
N/A
|
200
|
30%7
|
40
|
30
|
60
|
50
| |
|
NOTES:
| |||
|---|---|---|---|
|
1
|
All uses relying upon on-lot sewers must comply with § 340-40 of this chapter.
| ||
|
2
|
Minimum lot width at the street frontage
may be reduced by a maximum of 30% for lots that abut a cul-de-sac
turnaround.
| ||
|
3
|
No townhouse grouping shall contain
more than six units. For each townhouse grouping containing more than
four units, no more than 67% of such units shall have the same front
yard setback; the minimum variation of setback shall be two feet.
All townhouse buildings shall be set back a minimum of 15 feet from
any parking facilities contained on commonly-held lands. All townhouse
buildings shall be set back at least 30 feet from any perimeter boundary
of the development site. In those instances where several townhouse
groupings are contained upon the same lot, the standards listed in
the following Note 4 shall apply.
| ||
|
4
|
In those instances where several multiple-family
dwelling buildings and/or townhouse groupings are located on the same
lot, the following separation distances will be provided between each
building:
| ||
|
(a)
|
Front to front, rear to rear, or front
to rear, parallel buildings shall have at least 70 feet between faces
of the building. If the front or rear faces are obliquely aligned,
the above distances may be decreased by as much as 10 feet at one
end if increased by similar or greater distance at the other end.
| ||
|
(b)
|
A minimum yard space of 30 feet is
required between end walls of buildings. If the buildings are at right
angles to each other, the distance between the corners of the end
walls of the building may be reduced to a minimum of 20 feet.
| ||
|
(c)
|
A minimum yard space of 30 feet is
required between end walls and front or rear faces of buildings.
| ||
|
5
|
Any common open spaces shall comply with § 340-43 of this chapter.
| ||
|
6
|
Maximum density shall be increased by 0.5 du/ac with the utilization of a special collector street as defined in Chapter 285, Subdivision and Land Development.
| ||
|
7
|
The maximum lot coverage for "churches
and related uses" and "public and private schools" shall not exceed
60%.
| ||
F.
Minimum accessory structures setbacks.
(1)
Front yard. No accessory structures (except permitted
signs) are permitted within the front yard; provided, further, that
accessory detached garages are permitted within the front yard so
long as they comply with the minimum front yard setback imposed upon
principal uses.
(2)
Side and rear yards: 10 feet.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit
shall be located within 100 feet of any land within the Agricultural
Zone. In addition, on any separate nonfarm parcel, no shrub shall
be planted, and no accessory residential structures or fences shall
be placed within 10 feet of any land used for agricultural purposes.
Similarly, no tree shall be planted within 30 feet of any land within
the Agricultural Zone.
[Added 2-18-2009 by Ord. No. 237]
A.
Purpose and intent. This zone seeks to accommodate the higher density
needs of the Township, as well as the need and desire for communities
for older persons. A wide range of housing types are encouraged with
densities exceeding those permitted elsewhere in the Township. Like
the R-2 Zone, certain civic and residential related uses have also
been allowed to enhance convenient access to this higher concentration
of residents. The R-3 Zone provides for housing for older persons
developments, which are permitted by conditional use in the R-3 Zone.
Providing for housing devoted to older persons is contemplated in
the 2006 Lititz/Warwick Joint Strategic Comprehensive Plan and will
benefit the Township because these communities will have significantly
less impact on school enrollments, traffic generation, police and
other public services. Because of the lesser impact, permitted densities
are increased in these communities, provided that the proposed housing
for older persons development meets certain criteria. This Zone coincides
with sewer utility service areas.
B.
Permitted uses.
(1)
Agriculture, including one single-family detached dwelling contained
on the site, and excluding commercial poultry and commercial livestock
operations, as defined herein.
(2)
Single-family detached dwellings.
(3)
Duplexes.
(4)
Townhouses.
(5)
Multiple-family dwellings.
(6)
Municipal uses.
(7)
Public uses and public utilities structures.
(8)
Accessory uses customarily incidental to the above permitted
uses.
E.
Design standards. See table below:
|
Minimum Yards
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Use
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Maximum Net Density
(du/ac)5
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
|
Front
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
|
|
SFD
|
Both public water and public sewer
|
10,000
|
4
|
801
|
35%
|
40
|
15
|
30
|
35
|
|
Duplexes
|
Both public water and public sewer
|
6,000 per unit
|
5
|
501 per unit
|
35%
|
30
|
25
|
(N/A)
|
30
|
|
Townhouses4
|
Both public water and public sewer
|
2,000 per unit
|
5
|
20 per unit
|
60%
|
30
|
15 (end units)
|
(N/A)
|
30
|
|
Multiple family3
|
Both public water and public sewer
|
87,120
|
5
|
200
|
60%
|
50
|
30
|
60
|
50
|
|
Other uses
|
Both public water and public sewer
|
43,560
|
N/A
|
200
|
30%
|
40
|
30
|
60
|
50
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Minimum lot width at the street frontage may
be reduced by a maximum of 30% for lots that abut a cul-de-sac turnaround.
| |
|
2
|
No townhouse grouping shall contain more than
six units. For each townhouse grouping containing more than four units,
no more than 67% of such units shall have the same front yard setback;
the minimum variation of setback shall be two feet. All townhouse
buildings shall be set back a minimum of 15 feet from any parking
facilities contained on commonly-held lands. All townhouse buildings
shall be set hack at least 30 feet from any perimeter boundary of
the development site. In those instances where several townhouse groupings
are contained upon the same lot, the standards listed in the following
Note 3 shall apply.
| |
|
3
|
In those instances where several multiple-family
dwelling buildings and/or townhouse groupings are located on the same
lot, the following separation distances will be provided between each
building:
| |
|
(a)
|
Front to front, rear to rear, or front to rear,
parallel buildings shall have at least 70 feet between faces of the
building. If the front or rear faces are obliquely aligned, the above
distances may be decreased by as much as 10 feet at one end if increased
by similar or greater distance at the other end.
| |
|
(b)
|
A minimum yard space of 30 feet is required
between end walls of buildings. If the buildings are at right angles
to each other, the distance between the corners of the end walls of
the building may be reduced to a minimum of 20 feet.
| |
|
(c)
|
A minimum yard space of 30 feet is required
between end walls and front or rear faces of buildings.
| |
|
4
|
Any common open spaces shall comply with § 340-43 of this chapter.
| |
|
5
|
Maximum density shall be increased by 0.5 du/ac with the utilization of a special collector street as defined in Chapter 285, Subdivision and Land Development.
| |
F.
Minimum accessory structures setbacks.
(1)
Front yard. No accessory structures (except permitted signs)
are permitted within the front yard; provided, further, that accessory
detached garages are permitted within the front yard so long as they
comply with the minimum front yard setback imposed upon principal
uses.
(2)
Side and rear yards: 10 feet.
H.
All uses permitted within this zone shall also comply with the general provisions contained in Article III of this chapter.
I.
Agricultural setback requirement. No dwelling unit shall be located
within 100 feet of any land within the Agricultural Zone. In addition,
on any separate nonfarm parcel, no shrub shall be planted, and no
accessory residential structures or fences shall be placed within
10 feet of any land used for agricultural purposes. Similarly, no
tree shall be planted within 30 feet of any land within the Agricultural
Zone.
[Amended 2-19-1997 by Ord. No. 175; 11-19-1997 by Ord. No.
178]
A.
Purpose. This zone accommodates a mixture of land
uses that have evolved within the villages of Rothsville and Brunnerville.
Limited businesses have been selected to provide convenient access
to nearby residents and commuters. Aside from detached dwellings and
public uses, all uses are evaluated via the conditional use process
so that opportunities to integrate vehicular access and parking are
provided during site plan review. Strict design requirements have
been imposed to preserve the "small Town" character of these areas,
and bonus incentives are available for uses that employ "high-quality"
site design features. Overall retail size has been restricted as a
means of encouraging adaptive reuse of converted dwellings, rather
than the construction of new commercial buildings.
D.
(3)
Offices.
(4)
Restaurants (not including drive-through nor fast-food
restaurants).
(5)
Medical or dental clinics.
(7)
Veterinarian offices, provided no outdoor keeping
of animals is permitted.
(8)
Caterers.
(9)
Retail sale of goods, provided the total sales and/or
display area is less than 1,200 square feet.
(10)
Personal services, including barber and beauty
or tanning salons; dry cleaning and laundry pickup/dropoff facilities;
music, art or photographic studios; and repair of clocks and small
appliances.
(12)
Banks and similar financial institutions.
E.
Number of uses permitted. Any number of the uses allowed
in this zone are permitted within each existing building, provided
the building size and floor area remain the same as it was on the
effective date of this chapter. For new buildings, only one principal
use is permitted. For existing buildings that are enlarged, the number
of uses permitted per building shall be the same number (at least
one) that occupied the building on the effective date of this chapter.
In all cases, one conversion apartment shall be permitted in addition
to the other uses provided on the site.
F.
Lot area, lot width and lot coverage requirements.
See the following table:
|
Public Utilities Utilized
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|---|
|
None, public water or public sewer
|
43,5601
|
200
|
35%
| |
|
Both public sewer and public water
|
15,000
|
1002
|
60%
|
|
NOTES:
| ||
|---|---|---|
|
1
|
The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater; such determinations will be made by the PA DEP, through its sewer module review process (see § 340-40).
| |
|
2
|
Minimum lot width at the street frontage may
be reduced to 70 feet for lots that abut a cul-de-sac turnaround.
| |
G.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs) and loading areas shall be set back at least 20 feet
from the street right-of-way. No off-street parking is permitted within
the front yard.
(2)
Side yard setbacks. All buildings and structures shall
be set back at least 15 feet from the side lot lines. Off-street parking
lots and loading areas shall be set back at least five feet from the
side lot lines.
(3)
Rear yard setback. All buildings, structures, off-street
parking lots and loading areas shall be set back at least 10 feet
from the rear lot line.
(4)
Residential buffer strip. Any lot used for anything
other than a detached residence or a public use and adjoining land
within a residential zone shall maintain a fifteen-foot setback for
buildings and structures, off-street parking lots and loading areas
from the residentially-zoned parcels. Such area shall be used for
a landscape strip.
H.
Maximum permitted height: 35 feet for principal uses
and 20 feet for accessory structures.
I.
Outdoor storage. No outdoor storage is permitted.
J.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter.
K.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
N.
Screening. For properties containing a commercial principal use, a visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-37 of this chapter).
O.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
P.
Waste products. All dumpsters shall be set back a minimum of 25 feet from any adjoining residentially zoned properties and shall comply with § 340-26D of this chapter.
Q.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
R.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some applicable regulations, see § 340-42 of this chapter.
S.
Design features/bonus incentives. Because of this
zone's intended purpose to reduce traffic congestion, the following
bonus incentives are applied to individual uses when prescribed design
features are provided. These bonus incentives are tied to compliance
with specified design features, as follows:
|
Design Features
|
Bonus Incentive
| |
|---|---|---|
|
Coordinated vehicular access between two or
more adjoining land uses that make use of only one shared access drive
onto adjoining roads
|
A 10% increase in the maximum permitted lot
coverage for each use
| |
|
Coordinated off-street parking between two or
more adjoining land uses that share a single access drive. Such parking
lots shall be arranged to provide ready access to all properties.
|
Waiver of one side yard setback requirement
as it applies to the off-street parking lot, and a 15% reduction in
the total number of parking spaces required for all uses
| |
|
Coordinated off-street loading between two adjoining
land uses sharing a single access drive that provides ready access
to one or more loading spaces serving both uses
|
Waiver of the off-street loading space requirement
for that use that would otherwise require the least number of loading
spaces; provided, a cross property use easement is recorded that assures
both uses may use the shared loading space(s). In addition, one side
yard setback may also be waived, as it applies to off-street loading.
| |
|
Coordinated signage with two or more uses sharing
only one freestanding sign.
|
A 5% increase in the maximum permitted lot coverage
and a 10% increase in the maximum permitted size of any attached or
freestanding signs
|
[Added 4-21-2010 by Ord. No. 244]
A.
Purpose. This zone provides suitable locations for smaller scale
(under 30,000 square feet) and/or local and neighborhood-oriented
retail, service and entertainment businesses. The uses may involve
outdoor activities. The uses provided in this zone are meant to primarily
serve local residents. In addition to vehicular access, pedestrian
access to and among these uses is encouraged. The streetscape in this
zone should create a pedestrian-oriented and recognizable sense of
place similar to South Broad Street in Lititz Borough.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions (but not including
drive-through facilities).
(3)
Restaurants and taverns (but not including drive-through or
fast-food restaurants or nightclubs).
(4)
Retail sales of goods and services (including auto parts stores
which do not provide installation), excluding retail establishments
in excess of 30,000 square feet of gross floor area and including
shopping centers up to 15,000 square feet of gross floor area (but
not including drive-through facilities).
(5)
Personal services shops up to 25,000 square feet of gross floor
area, including barber and beauty shops or tanning salons; tailoring
and seamstress shops; music, art or photographic studios; repair of
clocks and small appliances; and other similar establishments (but
not including drive-through facilities).
(7)
Automobile, boat, motorcycle, recreational vehicle, snowmobile, farm machinery and trailer sales (including service or repair facilities as an accessory use if conducted within a wholly-enclosed building; see § 340-52).
(8)
Theaters and auditoriums.
(9)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinet-making and other structural components of buildings.
(10)
Public uses and public utility structures.
(11)
Dry cleaners, laundries and laundromats (but not including drive-through
facilities).
(13)
Laboratories.
(14)
Private clubhouses.
(15)
Medical and dental offices.
(16)
Accessory uses customarily incidental to the above permitted
uses.
C.
D.
Conditional uses (see § 340-131).
(4)
Drive-through facilities for uses as identified above, including banks and similar financial institutions; retail sales of goods and services; personal service shops; and dry cleaners, laundries, and laundromats; but not including fast-food restaurants (see § 340-66).
(5)
Home improvement and building supply stores not exceeding 50,000 square feet of gross floor area (see § 340-77).
(7)
Retail sales of goods and services in excess of 30,000 square feet of gross floor area (including auto parts stores which do not provide installation) and shopping centers in excess of 15,000 square feet of gross floor area, neither of which uses can exceed 50,000 square feet in gross floor area (see § 340-95).
E.
Lot area, lot width and lot coverage requirements. See the following
table:
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|---|
|
Both public sewer and public water
|
10,000
|
75
|
65%
|
F.
Minimum and maximum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings and structures (except permitted signs) shall be set back at least 15 feet, but no more than 25 feet, from the street right-of-way line; outdoor loading areas, parking areas and outdoor storage areas shall be set back a minimum of 15 feet from the street right-of-way line. In the case of drive-through facilities, these are to be located on the side or rear of proposed buildings and/or building additions. Further, they cannot be placed so as to impede pedestrian or non-motorized access. Should an applicant for a conditional use for a drive-through facility feel that this requirement cannot be met, the applicant for said conditional use must satisfy the Board of Supervisors that the drive-through facility cannot be located at the side or rear of the building and that the drive-through facility must be located at the front of the building. In so doing, if the setback distance for the drive-through facility cannot meet the above-stated maximum front yard setback requirement, the applicant is permitted to increase the maximum front yard setback distance only to the minimum distance necessary to provide relief while complying with the intent of the Township's streetscape requirements in § 340-16.1N below. Under no circumstances shall the drive-through facility be set back any further than 50 feet from the street right-of-way line, nor any less than 15 feet from the street right-of-way line.
(2)
Side yard setback. All buildings and structures (except permitted
signs) and outdoor storage areas shall be set back at least 15 feet
from the side lot lines. Off-street parking lots and/or loading facilities
shall be set back at least 15 feet from the side lot lines, unless
joint parking facilities and/or loading facilities are shared by adjoining
uses. In such instances, one of the side yard setbacks can be used
solely for parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street parking
lots, loading areas and outdoor storage areas shall be set back at
least 15 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas from the residentially-zoned parcels. Such areas shall be used for a landscape strip and screen; provided, however, this residential setback may be reduced to 35 feet if, in addition to vegetative landscape materials, earthen mounds, berms and fences are employed to enhance the effectiveness of the vegetative landscape materials. Access drives shall be governed by § 340-34 of this chapter and shall not be subject to these residential buffer strip requirements.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. No off-street loading area shall be located on the side of a building facing an adjoining, external street. To the extent possible, no off-street loading area shall be permitted on any side of a building adjoining lands of a residential zone. If the loading area must be located on the side of a building facing adjoining residentially-zoned parcels, the loading area must comply with all setbacks specifically imposed thereon and listed in this section.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
J.
Bicycle parking. Tracts within the Local Commercial Zone shall integrate
designated locations for bicycle parking facilities containing at
least one bicycle rack which is able to accommodate at least two bicycles,
or bicycle parking facilities which are able to accommodate the number
of bicycles equal to 5% of the vehicular parking spaces, whichever
is greater. Such bicycle parking facilities shall be provided for
any new building or for any addition or enlargement of an existing
building and for any change in the occupancy of any existing building
that results in the need for bicycle parking facilities. In providing
the required bicycle parking facilities, the following standards shall
be adhered to:
(1)
Inverted U-frame racks (or equivalent) that support the bicycle
in a stable, upright position, so that a bicycle, if bumped, will
not fall or roll down must be provided. One or more U-frame racks
(or equivalent) shall accommodate a minimum of two bicycles.
(2)
Racks must be easily usable with both U-locks and cable locks.
(3)
Bicycle parking facilities shall be located in close proximity
to the entrance of the building.
(4)
Bicycle parking facilities shall be securely anchored to the
lot surface so they cannot be easily removed and shall be of sufficient
strength to resist vandalism and/or theft.
(5)
Bicycle parking facilities shall be located in highly visible,
well-lighted areas to minimize vandalism and/or theft. Any lighting
provided for bicycle parking facilities shall meet the approval of
the Zoning Officer.
(6)
Bicycle parking facilities shall not impede pedestrian or vehicular
circulation and shall be harmonious with their environment in both
color and design. These facilities should be incorporated whenever
possible into building design or street furniture.
(7)
Paving of the bicycle parking facility is not required, but
the ground surface shall be finished or planted in a way that avoids
mud and dust. Bicycle parking facilities within automobile parking
areas shall be separated by a physical barrier, such as a curb, wheel
stops, poles, or other similar feature, to protect bicycles from damage
by automobiles.
L.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
M.
Screening. A visual screen (see § 340-37 of this chapter) must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. Further, when off-street parking is to be located in the front yard, it shall be screened in accordance with § 340-37 of this chapter.
N.
Landscaping and streetscape.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
(2)
A minimum fifteen-foot-wide landscape strip shall be provided
along all property lines. Such landscape strip is not required for
that portion of the site occupied by a joint parking lot and/or loading
area shared by adjoining uses.
(3)
Streetscape improvements, substantially similar to those attached hereto as Appendix 1 and incorporated herein,[1] are required along all existing street frontage(s) and, where applicable and feasible, within the proposed development of the tract. Such streetscape improvements shall include curb, concrete sidewalk, brick accent strip (between the curb and sidewalk), street trees and, where applicable, street lights (mounted on poles consistent in style and height with those shown in Appendix 1).
[1]
Editor's Note: Appendix 1 is included at the end of this chapter.
O.
Waste products. All dumpsters shall be set back a minimum of 15 feet from any adjoining residentially-zoned properties and shall comply with § 340-26D of this chapter.
P.
All uses within this zone shall comply with the General Provisions in Article III of this chapter.
Q.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal laws and regulations. For a listing of some laws and regulations refer to § 340-42 of this chapter.
R.
Outdoor storage. Within the (LC) Zone, outdoor storage is permitted,
provided all outdoor storage areas are screened from adjoining roads
and properties, and they comply with all setbacks specifically imposed
thereon by this section and chapter.
[Amended 6-7-1995 by Ord. No. 168; 2-19-1997 by Ord. No.
175]
A.
Purpose. This zone provides suitable locations for
larger scale and/or highway oriented retail, service and entertainment
businesses. The uses may involve outdoor activities and/or storage
areas like automobile, boat and trailer sales and service establishments.
The uses provided in this zone are meant to serve local residents
as well as those motorists passing through the Township. Access to
these areas is provided by adjoining major roads. Specific setbacks
are imposed upon outdoor storage areas to protect adjoining properties.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions.
(3)
Restaurants and taverns (but not including drive-through
or fast-food restaurants or nightclubs).
(4)
Retail sales of goods and services (including auto
parts stores which do not provide installation) excluding retail establishments
in excess of 50,000 square feet of gross floor area and excluding
shopping centers.
(5)
Personal
services up to 50,000 square feet of gross floor area, including barber
and beauty or tanning salons; tailoring and seamstress shops; music,
art or photographic studios (including instruction); repair of clocks
and small appliances; and other similar establishments.
[Added 11-19-2008 by Ord. No. 234[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection B(5) through (14) as B(6) through (15).
(6)
Hotels, motels and bed-and-breakfast facilities.
(7)
Automobile, boat, motorcycles, recreation vehicles,
snowmobiles, farm machinery and trailer sales (including service or
repair facilities as an accessory use and if conducted within a wholly-enclosed
building).
(8)
Theaters and auditoriums.
(9)
Shops for contractors of plumbing, heating, air conditioning,
electrical, roofing, flooring, glass and windows, insulation, carpentry
and cabinet making and other structural components of buildings.
(10)
Public uses and public utilities structures.
(11)
Dry cleaners, laundries and laundromats.
(12)
Churches and related uses.
(13)
Laboratories.
(14)
Private clubhouses.
(15)
Accessory uses customarily incidental to the
above permitted uses.
C.
D.
Conditional uses (See § 340-131.)
E.
Lot area, lot width and lot coverage requirements.
See the following table:
|
Required Public Utilities
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Lot Coverage
| |
|---|---|---|---|---|
|
Both public sewer and public water
|
15,000
|
100
|
65%
|
F.
Minimum setback requirements (principal and accessory
uses).
(1)
Front yard setback. All buildings, structures (except
permitted signs) and outdoor loading areas shall be set back at least
35 feet from the street right-of-way; off-street parking lots and
outdoor storage areas shall be set back a minimum of 20 feet from
the street right-of-way.
(2)
Side yard setback. All buildings and structures (except
permitted signs) shall be set back at least 25 feet from the side
lot lines. Off-street parking lots, loading areas and outdoor storage
areas shall be set back at least 15 feet from the side lot lines,
unless joint parking facilities are shared by adjoining uses. In such
instances, one of the side yard setbacks can be waived solely for
parking and/or loading facilities.
(3)
Rear yard setback. All buildings, structures, off-street
parking lots, loading areas and outdoor storage areas shall be set
back at least 25 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within
a residential zone shall maintain a fifty-foot setback for nonresidential
buildings, structures, off-street parking lots, loading areas and
outdoor storage areas, from the residentially zoned parcels. Such
areas shall be used for a landscape strip and screen.
G.
Maximum permitted height: 35 feet.
H.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building within 100 feet of adjoining lands of a residential zone, nor any side of a building facing an adjoining street.
I.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
K.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 340-37 of this chapter.)
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 340-37 of this chapter.)
(2)
A minimum fifteen-foot-wide landscape strip shall
be provided along all property lines. Such landscape strip can be
waived for that portion of the site occupied by a joint parking lot
and/or loading area shared by adjoining uses.
(3)
In all parking lots located immediately adjacent to any street or roadway, the required landscape strip shall be provided. The plant materials [See § 340-37B(1).] shall be arranged to shield the view of the parking lot from the street or roadway without impairing any required sight distances.
[Added 10-17-2007 by Ord. No. 229]
N.
Waste products. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties, and shall comply with § 340-26D of this chapter.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. For a listing of some regulations, refer to § 340-42 of this chapter.
Q.
Outdoor storage. Within the CC Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads and properties, and they comply with all of those
setbacks specifically imposed thereon, listed in this section. The
outdoor storage areas for automobiles, boats, motorcycles, farm machinery
and trailer sales need not be screened from adjoining roads.
A.
Purpose. This zone provides for a wide range of industrial
activities that contribute to the well being of the Township by diversifying
its economy and providing valuable employment opportunities. The required
lot sizes have been kept small to accommodate the start-up industries
that are likely to emerge; however, larger and heavier industries
have also been permitted. This zone provides for light industrial
uses as permitted by right, but requires obtainment of a conditional
use for heavier and potentially more-objectionable types of industrial
uses. These areas have been located near existing public utility service
areas and along major roads. Design standards have been imposed to
create attractive site designs and moderate the objectionable impacts
associated with industrial uses. Substantial setbacks are used to
protect adjoining residences.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry related uses, subject to the standards listed in § 340-11 of this chapter.
(2)
Laboratories for medical, scientific or industrial
research and development.
(3)
Manufacturing, packaging, storage and/or wholesaling
of the following:
(a)
Furniture, cabinets, fixtures, office supplies
and other household appointments.
(b)
Scientific, specialized and technical instruments
and equipment.
(c)
Audio visual components, computers, vending
machines, electronic equipment and video games.
(d)
Finished textile products.
(e)
Brushes, brooms and combs.
(f)
Hot tubs, spas, saunas and swimming pools.
(g)
Jewelry and other precious metals.
(h)
Photographic, lighting and timekeeping equipment.
(i)
Small household appliances, excluding major
appliances.
(j)
Musical instruments and sporting equipment.
(k)
Cosmetics, toiletries and pharmaceuticals.
(l)
Optical, dental and medical supplies and equipment.
(m)
Small or novelty products from prepared materials
(excluding the use of sheet metals).
(5)
Sales, storage and/or wholesaling of the following:
(6)
Bookbinding, printing and publishing operations.
(7)
Machine shop.
(8)
Repair shops for products permitted to be manufactured
in this zone.
(9)
Small engine repair shops.
(10)
Welding shops.
(11)
Sign makers.
(12)
Offices.
(13)
Public buildings and public utilities.
(14)
Agricultural support businesses, including:
(15)
Vocational and mechanical trade schools.
(16)
Accessory uses customarily incidental to the
above permitted uses, including accessory retail sales of products
produced onsite so long as the sales area is no more than 10% of the
total building area or 3,000 square feet, whichever is less.
(17)
Recycling collection facilities as an accessory
use, provided such facilities are sufficiently enclosed to prevent
the scattering of debris, the materials collected are removed at regular
intervals, the facility is posted to prohibit the disposal of any
material, good or furnishing that cannot be placed within the actual
recycling bin, and the total size of the facility is less than 300
square feet.
C.
Conditional uses. (See § 340-131).
(1)
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations (see § 340-76).
(3)
Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers and other similar machinery (see § 340-75).
(7)
Septage or spent mushroom compost processing and/or commercial mushroom operations (see § 340-98).
D.
Lot area requirements. Unless otherwise specified,
each use within this zone shall have a minimum lot size of 43,560
square feet.
E.
Maximum lot coverage: 70%.
F.
Minimum lot width: 150 feet.
G.
Minimum setback requirements.
(1)
Front yard setback. All buildings, structures (except
permitted signs), off-street loading areas, dumpsters and outdoor
storage areas shall be set back at least 50 feet from the adjoining
right-of-way. All parking lots shall be set back at least 20 feet
from any adjoining right-of-way.
(2)
Side yard setbacks. All buildings, structures, (except
permitted signs) dumpsters and off-street loading areas shall be set
back at least 30 feet from any side property lines. All outdoor storage
areas and off-street parking lots shall be set back at least 20 feet
from any side lot lines, unless joint parking lots and/or loading
areas are shared by adjoining uses. In such instances, one of the
side yard setbacks can be waived solely for parking and/or loading
facilities.
(3)
Rear yard setback. All buildings, structures, dumpsters
and off-street loading areas shall be set back at least 35 feet from
any rear property lines. All outdoor storage areas and off-street
parking lots shall be set back at least 25 feet from any rear lot
lines.
(4)
Residential buffer strip. Any use adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a seventy-five-foot setback for buildings, structures, dumpsters, outdoor storage areas and off-street loading areas from the residential zone. Off-street parking lots shall be set back at least 50 feet from adjoining residentially zoned properties. All of these setback areas shall be devoted to landscaping (see § 340-36).
(5)
Accessory recreation uses. These facilities can be
developed in any side or rear yard to within 50 feet of any property
line.
H.
Maximum permitted structural height. The height of
any principal or accessory structure shall not exceed 35 feet, except
that chimneys, flagpoles, water tanks and other mechanical appurtenances
may be built to a height not exceeding 75 feet above the finished
grade when erected upon or as an integral part of a building. All
structures extending above 35 feet from grade (except permitted signs)
shall be set back a distance at least equal to their height from all
property lines.
I.
Off-street loading. Off-street loading shall be provided, as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
J.
Off-street parking. Off-street parking shall be provided, as specified in § 340-35 of this chapter.
L.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
M.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 340-37 of this chapter).
N.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
(2)
A minimum twenty-foot-wide landscape strip shall be
provided along all property lines. Such landscape strip can be waived
for that portion of the site occupied by a joint parking lot and/or
loading area shared by adjoining uses.
O.
Waste products. All dumpsters shall be set back a minimum of 75 feet from any adjoining residentially zoned properties, and shall comply with § 340-26D of this chapter.
P.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
Q.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies. (See § 340-42 for a partial listing.)
R.
Outdoor storage. Within the (I-1) Zone, outdoor storage
is permitted, provided all outdoor storage areas are screened from
adjoining roads and properties, and they comply with all of those
setbacks specifically imposed thereon, listed in this section. Outdoor
display areas for heavy equipment and vehicles need not be screened
from adjoining roads.
[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No.
199]
A.
Purpose.
(1)
The purpose of this zone is to provide for light industrial,
manufacturing, research, warehousing, business and office uses, as
well as a limited amount of accessory and related commercial uses,
in a park-like setting, which promotes the preservation of the natural,
cultural, scenic and historic features of the environment.
(2)
The objectives of this zone are: (1) to promote the
development of industrial land through careful, coordinated and comprehensive
plans, which minimize the potential for land-use nuisances (such as
excessive noise, pollution, dust, odor, traffic) and hazards between
adjacent land uses, residents and the natural environment; (2) to
create a business and employment area which will not compete with,
or threaten the viability of the Lititz Borough downtown business
area; (3) to foster the development of an interdependent business
community through the promotion of shared facilities (e.g., stormwater
basins, site access, parking, multi-tenant, or condominium type buildings,
and common, interconnected open space and trail systems; (4) to encourage
an attractive built environment which does not detract from the Township's
predominantly rural-agricultural landscape; (5) to permit the transfer
and application of development rights from agricultural (sending)
areas to this (receiving) zoning district as a means to protect the
Township's valuable farmland, resource base. Specifically, maximum
lot coverage provisions for developments within this zone may be increased
through the acquisition of development rights from agricultural (sending)
areas within the Township.
(3)
This zone is intended to apply to large parent tracts
or blocks of land where the purpose, objectives and intended design
elements of this zone can be effectively and equitably applied. To
this end, prior to any subdivision and/or land development to effectuate
the provisions of this zone, applicants shall be required to prepare,
submit and gain approval of an overall, composite master plan. This
approach shall ensure comprehensive and coordinated development, rather
than random, piecemeal type development. The process will allow for
thoughtful consideration for the development and integration of other
similarly zoned adjacent properties.
B.
Permitted uses.
(1)
Agricultural and horticultural uses, including one
single-family detached dwelling contained on the site, but excluding
large concentrated commercial poultry or other livestock operations.
With the exception of agricultural uses, no outside storage, display
or sales are shall be permitted.
(2)
Manufacturing, packaging, storage uses excluding those
uses which because of the nature of their business are deemed to exhibit
or have the potential to be deemed to be a public hazard, noxious,
a nuisance or otherwise objectionable to surrounding land uses. Such
uses shall include, but are not limited to the following businesses
or activities involving: agricultural chemicals, fertilizers or pesticides;
animal feed; asphalt plant; auto manufacturing or repair; biological
and/or pathogenic hazards; concrete, cement and brick making; distillation;
explosives or ammunition; incineration; liquid fuels; radioactive
materials; solid waste; tannery. Outside storage, display or sales
areas are prohibited.
(3)
Animal hospitals and/or veterinarian office, excluding
those which include an outdoor kennel, exercise or training area.
(4)
Bakeries.
(5)
Catering and food preparation services; provided,
however, no seating area or area in which customers may consume food
shall be provided.
(6)
Custom print/photocopying shops.
(7)
Emergency service facilities.
(8)
Hotels and/or motels.
(9)
Laboratories and/or research centers (excluding those
offices, facilities or businesses involved with hazardous material,
or likely to cause a public nuisance or hazard).
(10)
Municipal uses.
(11)
Offices.
(12)
Medical or dental clinics.
(13)
Packaging businesses (excluding recycling centers).
(14)
Public utilities, such as sewage pump stations,
transformer rooms, wellhead house.
(15)
Repair service shops.
(16)
Warehousing (excluding commercial wholesaling
businesses).
(17)
Accessory uses customarily incidental to the
above-permitted uses.
C.
Conditional uses.
(1)
Accessory commercial retail and installation service
components may be permitted, provided the applicant can demonstrate
to the satisfaction of the Board of Supervisors that:
(a)
These uses are clearly associated, accessory
and subordinate to a permitted principal manufacturing use.
(b)
These uses are wholly contained, or co-located,
within the associated principal building, or multi-tenant, or condominium-type
building, and not separately located within an independent, freestanding
or stand-alone building.
(c)
These uses do not involve a drive-through component.
(d)
These uses do not involve any outside storage,
display or sales area component.
(e)
Each separate accessory commercial use or installation
service is limited to no more than 10% of the total floor area of
the principal manufacturing use or 1,200 square feet, whichever is
less.
(f)
The total aggregate floor area for all accessory
commercial uses, installation service uses, banks and/or other financial
institutions and restaurants is restricted to 20% of the total aggregate
floor area of said building or 5,000 square feet, whichever is less.
(g)
The proposal shall be in conformity with all relevant building code (Chapter 120, Uniform Construction Code), fire protection code (Chapter 120, Uniform Construction Code), Subdivision and Land Development Ordinance (Chapter 285, Subdivision and Land Development) and other provisions of this chapter.
(2)
Banks and/or other financial institutions and restaurants
may be permitted, provided the applicant can demonstrate to the satisfaction
of the Board of Supervisors that:
(a)
These uses are wholly contained, or co-located,
within a building in association with other permitted uses, and not
separately contained within an independent, freestanding or stand-alone
building devoted to their exclusive use.
(b)
These uses do not involve a drive-through component.
(c)
These uses do not involve any outside storage,
display or sales area component.
(d)
The total aggregate floor area for all banks
and/or other financial institutions, restaurants, accessory commercial
uses and installation service uses is restricted to 20% of the total
aggregate floor area of said building or 5,000 square feet, whichever
is less.
(e)
The proposal shall be in conformity with all relevant building code (Chapter 120, Uniform Construction Code), fire protection code (Chapter 120, Uniform Construction Code), Subdivision and Land Development Ordinance (Chapter 285, Subdivision and Land Development) and other provisions of this chapter.
(3)
Banquet and/or conference facilities.
(4)
Courier or package delivery-distribution center, provided:
(5)
Indoor shooting ranges subject to the provisions of § 340-99 of this chapter applicable to indoor facilities.
(6)
Private clubs.
(7)
Commercial recreation facilities, limited to indoor facilities, subject to the requirements of § 340-62 of this chapter applicable to indoor facilities. Notwithstanding the foregoing, such commercial recreation facilities may include a theater limited to a 500 person seating capacity, but shall exclude drive-in motion-picture establishments.
(9)
Commercial day-care facilities for children and/or adults subject to the requirements of § 340-60.
(10)
Public schools, private schools, commercial schools and vocational and mechanical trade schools subject to the requirements of § 340-89.
D.
General site and development requirements. Lands zoned
campus industrial shall be developed in accordance with the following
general standards:
(1)
Development may be permitted on a single property
or multiple properties.
(2)
Development shall be in accordance with a master plan
as follows:
(a)
If the Township has adopted a master plan which
includes the subject property, or if another landowner has prepared
a master plan which has been approved by the Township which includes
the subject property, development of the subject property shall be
in accordance with the adopted master plan.
(b)
If no master plan containing the subject property
has been approved, prior to the Township considering any subdivision
and/or land development plans for the subject property, the applicant
shall prepare, submit and gain approval of a master plan. At a minimum
such master plan shall contain the subject property and all lots immediately
adjoining the subject property.
(c)
This approach shall ensure comprehensive and
coordinated development, rather than random, piecemeal type development.
The process will allow for thoughtful consideration for the development
and integration of other similarly zoned adjacent properties. Upon
approval of a master plan containing the subject property, applicants
for subdivision and/or land development need only apply for final
plan approval, which must be consistent with the adopted master plan.
(d)
The master plan shall include text and illustrations
providing for the general layout of the lots and blocks, the design
and classification of the street pattern; shared driveway access points;
the proposed densities, units of occupancy and land coverage; the
location and amount of open or park space which shall include, if
present, environmentally significant or sensitive areas to be protected;
street, parking area and pedestrian trail light standards and sources;
and the design, distribution, location, and standards for water and
sewer service. The master plan shall include and be characterized
by:
[1]
A connected street and access system which relates
to the surrounding urban community.
[2]
A conveniently accessible transportation system
which includes a pedestrian-trail system. This system shall minimize
interdistrict auto travel by promoting pedestrian linkages. To achieve
this objective, development shall conform to the streets, highways,
and trails indicated on the Warwick Township Official Map and the
Lititz Borough Official Map. The development shall also accommodate
mass transit routes and stops where possible and provide access form
the mass transit stops to the pedestrian trail system.
[3]
A common, interconnected open space meeting the criteria set forth in § 340-19D(4) and which shall identify environmentally significant or sensitive areas and special natural, cultural and environmental features.
[4]
A streetscape designed to provide safe pedestrian
crossings and pedestrian walkways which connect the buildings and
related uses, including, but not limited to, parking areas, entryways
and courtyards, with an overall pedestrian path system.
[5]
A program of implementation including regulations,
financing of the capital improvements and provisions for repealing
or amending the master plan. Regulations may include zoning, stormwater,
subdivision and land development, highway access and any other provisions
which the Township is authorized by law to enact.
(3)
The use of joint or shared stormwater management facilities
shall be promoted. The joint or shared stormwater management facilities
shall be located at a common low point on the master plan and shall
allow for positive drainage, replacing existing drainage patterns,
whenever possible, from all proposed lots. The responsibility for
the maintenance of such facilities shall be through a recorded landowners'
association agreement which runs with the land or by municipal public
ownership if a public agency expressly agrees to accept such responsibility.
(4)
The development shall include a generous amount of
open space and landscaping. The minimum amount of open space on each
lot shall be 25% of the area of such lot.
(a)
The design of the open space may include:
[1]
Stormwater management facilities vegetated with
native plants.
[2]
Environmentally significant or sensitive areas.
[3]
Landscape and buffer areas greater than 10 feet
in width.
[4]
Public outdoor spaces which may include vegetative
plantings and decorative pervious paving, including paver stones,
or bricks or concrete pavers set in a porous base.
[5]
Landscaped islands within parking areas with
a minimum of 400 square feet of area.
(b)
The design of the open space area shall be based
on a survey and analysis of the existing natural, cultural and environmental
features of the site. Such design shall:
[1]
Preserve important features of the site, identified
by the survey, by inclusion of these features within and as part of
the common open space system.
[2]
Be visually and physically accessible through
the provision of frontage onto public streets and/or public walkways.
The location and design of blocks and lots shall make provision for
these elements.
[3]
Be linked together through the use of pedestrian
walkways and shall not be completely screened by the placement of
structures from public streets or from civic use areas.
[4]
Include the location of seasonal interest vegetative
planting strategically located to provide a pleasing walking environment.
Any buffer shall be designed to allow for reasonable police surveillance
of the site and/or parking area.
[5]
Include landscaped islands within parking compounds.
(5)
Individual lot access shall be discouraged, unless
deemed necessary. Instead, access points, parking areas and aisleways
should be shared wherever possible. Access or driveway intersections
along collector-type streets shall be separated from one another (from
the center line) by a minimum of 300 feet.
(6)
Truck loading and unloading areas and trash dumpsters
shall be shielded from the streets servicing the facility through
the use of vegetative buffers and building orientation.
(7)
All equipment, electrical substations and mechanical
devices shall be shielded from view from streets through the use of
vegetative buffers.
(8)
All electric, telephone, telecommunications and other
service lines shall be underground and shall comply with all applicable
Township ordinances.
(9)
An overall street, parking area and pedestrian trail
lighting plan shall be submitted. The standards fixtures and light
sources shall be determined as part of the master plan and shall be
aesthetically compatible with the proposed architecture. All lots
within the master plan shall use the preselected fixtures and light
sources to provide lighting in a consistent manner throughout the
development. The lighting plan shall demonstrate the following:
(a)
The lighting shall be designed to meet all requirements of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick.
(b)
Glare control shall be accomplished through
proper selection and application of lighting equipment.
(c)
Lighting standards in parking areas shall be
placed within landscape islands. No concrete pedestals shall be permitted.
(d)
All directional lighting fixtures used for signs
shall be top-mounted and shall be aimed toward the ground.
E.
Minimum lot area: two acres.
F.
Minimum lot width: 200 feet.
G.
Maximum lot coverage.
(1)
Ten percent. For each transferable development right acquired and applied, as regulated by § 340-45 of this chapter, an additional 4,000 square feet of lot coverage shall be permitted, to a maximum of 70% lot coverage.
(2)
The Board of Supervisors may, by conditional use approval, increase the maximum lot coverage by an additional 5% if the applicant demonstrates to the satisfaction of the Board of Supervisors that the applicant shall provide public amenities in addition to those required by this chapter and by Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, for the development the applicant proposes. Those public amenities shall be amenities delineated on the Warwick Township Official Map. Such amenities may include the construction of pedestrian-bike trails, benches, athletic facilities and similar recreational facilities. In no case, however, shall the maximum lot coverage exceed 75% of the lot area.
H.
Minimum setback requirements.
(1)
Front yard setback: 50 feet.
(2)
Side yard setback. All buildings, structures, dumpsters
and off-street loading areas shall be set back a minimum of 35 feet
from any side property line.
(3)
Rear yard setback. All buildings, structures, dumpsters
and off-street loading areas shall be set back a minimum of 35 feet
from any rear property line.
(4)
Off-street parking setback. All off-street parking
areas shall be set back 20 feet from all right-of-way lines and property
lines.
(5)
The front yard and parking setbacks shall be planted
with a combination of street trees and groundcover or evergreen hedge
planting. Groundcover and evergreen hedge planting shall be continuous
along the length of the parking setback and shall be a minimum of
24 inches in height at the time of planting. The groundcover and hedge
planting shall be maintained at a height not to exceed 40 inches to
allow for reasonable police surveillance.
I.
Minimum landscaping: 25%.
J.
Maximum height:
[Amended 8-15-2012 by Ord. No. 254; 10-19-2016 by Ord. No. 278]
(1)
Maximum height shall be 45 feet.
(2)
The height of a structure may be increased to a maximum of 100 feet
if the use requires a higher ceiling height, provided that in no case
shall any part of the structure above 45 feet be used for the purpose
of providing additional floor space for residential, commercial or
industrial purposes and any such structure shall be subject to all
Airport Safety Zone requirements. Any structure in excess of 45 feet
shall be set back a horizontal distance at least equal to the height
of the structure from all property lines.
(3)
The Board of Supervisors may, by conditional use approval, increase
the maximum height of a hotel or office building structure to 65 feet,
provided the applicant demonstrates to the satisfaction of the Board
of Supervisors that the structure will meet the following criteria:
(a)
The subject property within which the proposed structure is to be located is part of an approved master plan pursuant to § 340-19.
(b)
The structure shall be subject to all Airport Safety Zone requirements.
(c)
The structure shall be set back a horizontal distance at least
equal to the height of the structure and shall not be located within
200 feet of a residential district or residential dwelling.
(d)
The structure will be located within the master planned campus
and the Campus Industrial Zone to minimize its visual intrusiveness
relative to the streetscape in which the structure is located.
(f)
The applicant shall acquire one transferable development right for each 4,000 square feet of additional building area (building footprint) that would be required if the area of the structure constructed above 45 feet were constructed within the forty-five-foot maximum height, as set forth in § 340-45 of this chapter.
K.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. No off-street loading shall be permitted on any side of a building facing or adjoining residentially zoned lands, nor on any side of a building facing an adjoining street.
L.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
M.
Signs. Signs shall be permitted as specified in § 340-38 of this chapter. When a development as identified in a master plan contains more than 50 acres, the developer may elect to have the type, number and size of signs as set forth in § 340-38 or, in the alternative, may request as part of the initial master plan review and approval or review and approval of an update to the master plan to have the type, number and size of signs in this § 340-19M. In either event, all signs shall fully comply with § 340-38A, § 340-38C and the classification and construction requirements of § 340-38B.
[Amended 3-18-2015 by Ord. No. 269]
(1)
In lieu of a planned center sign at the right-of-way on which the
development fronts, one wall sign may be used for identification of
the development in the Campus Industrial Zone if the applicant can
demonstrate to the satisfaction of the Board of Supervisors that:
(a)
The wall sign for identification of the development meets the
following criteria:
[1]
The wall sign shall not exceed 15% of the total square feet
of the wall on which it is located, to a maximum of 400 square feet,
and the top of the wall sign shall not be more than 50 feet from grade
at the location of the wall sign or the height of the building on
which the sign is located, whichever is less.
[2]
The wall sign shall not be closer to the public street right-of-way
than 100 feet.
[3]
The wall sign shall not be closer to a residential zone than
200 feet.
[4]
The wall sign shall not be distracting to the drivers on the
public right-of-way on which the wall sign fronts or faces.
(2)
Each building complex over 20,000 square feet within the development
may have a planned center ground sign and wall signs, meeting the
following provisions:
(a)
One planned center sign per road frontage is permitted.
(b)
No planned center sign shall exceed a maximum of 80 square feet
in size or an overall height of 25 feet from preexisting grade to
the top of the sign.
(c)
Individual uses with the building may have one wall sign not
exceeding 50 square feet.
(3)
If there are individual, freestanding buildings or building complexes
under 20,000 square feet within the development, each building or
building complex under 20,000 square feet within the development may
have a ground-mounted planned center sign and wall signs meeting the
following provisions:
(4)
Graphics, art work or symbols on buildings within the development
shall not be deemed a sign, provided that:
(a)
The graphics, art work or symbols are not a logo or trademark
of the business of the occupant or occupants of the building.
(b)
The graphics, art work or symbols may not contain lettering.
(c)
The graphics, art work or symbols may not be electronically
illuminated.
(d)
The graphics, art work or symbols shall be subject to the regulations contained in § 340-38A(12).
(5)
Electronic message boards are permitted only on ground-mounted planned center signs meeting all requirements of § 340-38B(1)(n).
N.
Planting strips. Vegetative planting strips shall
be provided adjacent to all public and private streets and any existing
or planned residential areas. The planting strip shall have a minimum
width of 20 feet, exclusive of any landscaping provided as part of
the existing or proposed street right-of-way line.
[Amended 2-19-1997 by Ord. No. 175]
A.
Purpose. The purpose of this zone is to reserve appropriate
areas of the Township for quarrying and processing of quarry raw materials,
to provide reasonable standards for quarry operations in order to
prevent conditions which would interfere with the enjoyment or use
of other properties, and to allow uses of a temporary nature in locations
premature for quarrying.
B.
Permitted uses. All permitted uses within this zone are subject to the applicable design standards listed in § 340-11 of this chapter:
D.
Maximum permitted structural height. The height of
any principal or accessory structure shall not exceed 35 feet, except
that chimneys, flagpoles, water tanks and other mechanical appurtenances
may be built to a height not exceeding 75 feet above the finished
grade when erected upon or as an integral part of a building. All
structures extending above 35 feet from grade shall be set back a
distance at least equal to their height from all property lines.
E.
Off-street loading. Off-street loading shall be provided as specified in § 340-36 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
F.
Off-street parking. Off-street parking shall be provided as specified in § 340-35 of this chapter.
H.
Access drive requirements. All access drives shall be in accordance with § 340-34 of this chapter.
I.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-37 of this chapter).
J.
Waste products. All dumpsters shall be set back a minimum of 100 feet from any adjoining properties, and shall comply with § 340-26D of this chapter.
A.
Purpose and intent.
(1)
Pennsylvania Act 1984-164, Chapter 59 (known as the
Airport Zoning Act) requires the limitation of building and structural
height in "airport hazard areas."
(2)
Areas contained within Warwick Township have been
identified as being within the "Airport Hazard Area for the Lancaster
Airport" as defined in the Pennsylvania Aviation Code, and require
special height controls.
(3)
These height restrictions are aimed at preventing
the erection of structures that would interfere with or obstruct normal
airplane approaches or airport operations. Such interference or obstruction
would pose a threat to the health, safety, welfare and convenience
of residents of the Township, as well as passengers aboard airport
aircraft.
(4)
The Airport Safety Zone is used to impose needed height
restrictions as an overlay zoning district, hereby enhancing public
safety and minimizing disruption of existing zoning policies.
B.
Lands in zone defined.
(1)
The Township's Airport Safety Zones include areas
depicted on the "Airport Hazard Area for Lancaster Airport Map" within
Warwick Township. This map is located with the Zoning Officer and
supplements the Warwick Township Official Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Township offices.
(2)
Two separate zones have been identified. The first,
Airport Safety Zone 1, includes areas most seriously affected by the
airport operations. Areas contained within Airport Safety Zone 1 are
located at such high elevations that normal construction up to this
chapter's permitted height (35 feet) could violate state and federal
law and pose a safety hazard. Accordingly, height restrictions are
strict and review of proposed development is carefully scrutinized.
(3)
The second, Airport Safety Zone 2, includes areas
in which buildings and structures can be built up to 35 feet, but
cannot support heights up to § 340-28's maximum permitted
height of 100 feet. Within this zone, regulations permit the placement
of thirty-five-foot-high structures, but require special review for
structures higher than 35 feet.
C.
Relationship to other parts. The Airport Safety Zone
represents an overlay zoning district that is only concerned with
permitted heights. The underlying zoning district shall prescribe
all other zoning related standards and uses which shall be imposed
upon any lands within the Township. In those instances where the Airport
Safety Zone prescribes a height restriction different than that imposed
by the underlying zoning district, the most restrictive standard shall
apply.
D.
Regulations within Airport Safety Zone 1.
(1)
Any proposed use which involves the construction,
erection or projection of a building, structure or any other object
above the natural land grade shall require the following before such
use can be authorized by the Zoning Officer:
(a)
Certification from the Township's Engineer that
the proposed height of said use does not extend above the permitted
height ceiling depicted on the Airport Hazard Area for Lancaster Airport
Map.
(b)
The applicant shall furnish a letter from the
Lancaster Airport Authority indicating that the proposed use has been
reviewed and would not violate the permitted height restrictions listed
in the Federal Aviation Regulations No. 77.
E.
Regulations within Airport Safety Zone 2.
(1)
Any proposed use involving structural height up to
and including 35 feet shall be permitted by right.
(2)
Any proposed use which involves the construction,
erection or projection of a building, structure or any other object
exceeding 35 feet in height shall require the following before such
use can be authorized by the Zoning Officer:
(a)
Certification from the Township's Engineer that
the proposed height of said use does not extend above the permitted
height ceiling depicted on the Airport Hazard Area for Lancaster Airport
Map.
(b)
The applicant shall furnish a letter from the
Lancaster Airport Authority indicating that the proposed use has been
reviewed and would not violate the permitted height restrictions listed
in the Federal Aviation Regulations No. 77.
[Amended 11-19-1997 by Ord. No. 178; 5-18-2005 by Ord. No. 216; 3-16-2016 by Ord. No. 275]
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(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 Township and its residents
by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978, delegated
the responsibility to local governmental units to adopt floodplain
management regulations to promote public health, safety, and the general
welfare of its citizenry. The Board of Supervisors has enacted this
section in accordance with the Flood Plain Management Act, the Second
Class Township Code, and the MPC.[1]
[1]
Editor's Note: See, respectively, 32 P.S. § 679.101
et seq., 53 P.S. § 65101 et seq., and 53 P.S. § 10101
et seq.
B.
Floodplain Zone (F) applicability and administration.
(1)
The regulations of the Floodplain Zone (F) shall apply throughout
the entire Township as overlay zoning regulations that supplement
the zoning district regulations. Where the regulations of this section
differ from the regulations of any other section of this chapter,
the provision that is more restrictive on development shall apply.
(a)
The inclusion of construction and floodproofing standards in
this section shall not be interpreted to allow any structure or construction
that is not expressly authorized by this section. If the Zoning Hearing
Board grants a variance to allow a structure or construction not authorized
by this section, such structure or construction shall comply with
all construction and floodproofing standards in this section unless
the Zoning Hearing Board also grants a variance from a specific construction
or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this chapter
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 chapter 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.
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
(3)
This section 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 chapter and provisions of other ordinances,
the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce
this section and for all purposes shall be considered and may sometimes
be referred to as the Floodplain Administrator. The Floodplain Administrator
may fulfill the duties and responsibilities set forth in these regulations,
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees, or enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the Township 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. In addition to the powers and duties
generally set forth in this chapter, when serving as Floodplain Administrator,
the Zoning Officer shall have the following powers and duties:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
In the case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall also review the history of repairs
to the subject building so that any repetitive loss concerns can be
addressed before the permit is issued.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Township ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(e)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Township participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated, but the ultimate
responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements
of the UCC.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed,
enlarged or structurally altered, or land used, except in full compliance
with these floodplain regulations and other provisions of applicable
Township ordinances. A Township zoning permit is required for any
development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year
floodplain, including development, redirecting drainage ways, changes
in grade or filling in, shall only occur after a determination by
the Zoning Officer that all Township ordinances have been complied
with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration
or relocation of a waterway shall be given prior notice of such proposal,
with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain
area. Applications for such a permit shall be made in writing to the
Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed
construction, as well as any existing buildings or structures, and
also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, permit applicants
shall provide all the necessary information in sufficient detail and
clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Zoning Officer
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in at a
scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, driveways and other access
ways.
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not cause any increase
in the BFE on adjacent upstream or downstream properties.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood elevation.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
(e)
Detailed information needed to determine compliance within § 340-22P(6), Storage, and § 340-22Q, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 340-22P(6) and § 340-22Q which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the PA DEP "Planning Module for
Land Development."
(g)
Where any excavation or grading is proposed, a plan meeting
PA DEP requirements to implement and maintain erosion and sedimentation
control.
E.
Review of permit applications by others. A copy of all plans and
applications for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by
the Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Conservation District, Planning Commission, Township Engineer,
etc.) for review and comment.
F.
Changes to permits. After the issuance of a permit by the Zoning
Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Zoning Officer. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Zoning Officer for consideration.
G.
Placards. In addition to the permit, the Zoning Officer shall issue
a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit and the date of its issuance, and shall be signed by the
Zoning Officer.
H.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit, or the
permit shall expire unless a time extension is granted, in writing,
by the Zoning Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under the
proposed subsurface footings, or the installation of sewer, gas, and
water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Zoning Officer to approve such a request.
I.
Identification of Floodplain Zone (F).
(1)
The Floodplain Zone (F) is all those areas of Warwick Township, Lancaster
County, Pennsylvania, classified as special flood hazard areas in
the Flood Insurance Study (FIS) and the accompanying FIRM dated April
5, 2016, and issued by FEMA, or the most recent version thereof, including
all digital data developed as part of the FIS and FIRM.
(2)
The above-referenced FIS and FIRM, and any subsequent revisions and
amendments, are hereby adopted by Warwick Township and declared to
be a part of this section and the Floodplain Zone (F).
(3)
The Floodplain Zone (F) shall also include the low area adjoining
and including any water or drainage course or body of water subject
to periodic flooding or overflow and delineated as floodplain soils
by the U.S. Department of Agriculture, Soil Conservation Service,
in maps and data comprising the Soil Survey, Lancaster County, Pennsylvania,
issued May 1985, or any subsequent revision.
(4)
In those areas delineated as approximated floodplain on the FIRM or in low areas delineated as alluvial soils in § 340-22I(3), the one-hundred-year flood elevation shall be determined by using other existing sources of data, such as those provided by the U.S. Army Corps of Engineers, the U.S. Geological Survey or the Susquehanna River Basin Commission. In lieu of this, the Zoning Officer may require the applicant for a permit to determine the one-hundred-year flood elevation through a hydrologic and hydraulic study. Such study shall be signed, sealed and certified by a licensed professional registered by the Commonwealth of Pennsylvania to perform such studies and surveys. Copies of such study shall be submitted to the Township Engineer for review.
(5)
Studies used to establish the Floodplain Zone (F) boundaries shall
be available for reference in the Township Office.
J.
Description and special requirements of identified floodplain areas
of Floodplain Zone (F).
(1)
Floodway area.
(a)
Description: the area identified as floodway in the FIS and
FIRM which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special floodplain areas where no floodway
has been identified in the FIS and FIRM.
(2)
Special floodplain area.
(a)
Description: the areas identified as Zones AE and A1-30 in the
FIS and FIRM which are subject to inundation by the one-percent annual
chance flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the PA DEP Regional Office.
[2]
In special floodplain areas without a designated floodway, no
new development shall be permitted unless it can be demonstrated that
the cumulative effect of all past and projected development will not
increase the BFE by more than one foot.
(c)
Permitted uses. The following uses are permitted only if done
under and in accordance with the provisions of the Clean Streams Law
of Pennsylvania, Act 394 of 1937, as amended;[6] the rules and regulations of the PA DEP; § 340-22J(2)(c) and (d), and all other applicable provisions of this chapter:
[1]
Agriculture and agricultural production, including the raising of crops, forestry, horticulture and gardening, and the keeping and raising of livestock, other than intensive agricultural operations, subject to the standards listed in § 340-11, excluding any structures, and excluding any grading or filling which would cause any increase in flood heights or frequency.
[2]
Erosion and sedimentation control measures, facilities, and
structures, provided that no increase in flood heights or frequency,
unhealthful ponding, or other unsanitary conditions shall occur.
[3]
Public and private recreational uses such as parks, play areas,
picnic groves, lawns, gardens, golf courses, driving ranges, archery
ranges, game farms, paved bicycle paths, and hiking and horseback
trails, all excluding any structures, and excluding any grading or
filling which would cause any increase in flood heights or frequency.
[4]
Open space and front, side, or rear yards required by other
sections of this chapter.
[5]
Stream improvements whose sole purpose is to improve aquatic life habitat and which are approved by the Pennsylvania Fish Commission and reviewed by the Conservation District, and subject to the provisions of § 340-22D.
[6]
Floodproofing and flood hazard reduction structures to protect
only lawfully existing and registered nonconforming structures and
lawfully existing and registered nonconforming uses within structures.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
(d)
Special exception uses. The following uses are permitted in the Floodplain Zone (F) only when special exceptions are granted by the Zoning Hearing Board as provided for herein and in Article VI, when permitted by the underlying zone as permitted use or special exception uses, and when done under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended;[7] the rules and regulations of the PA DEP; and all other
provisions of this chapter:
[1]
Parking lots, loading areas, driveways, and aircraft landing
strips and taxiways.
[2]
Water-oriented uses such as docks, piers, wharves, marinas,
boat liveries and boat-launching ramps.
[3]
Public utility facilities not under the exclusive jurisdiction
of the Pennsylvania Public Utility Commission, subject to the following
conditions:
[a]
Facilities such as pipelines, gas lines, storm
sewers, sanitary sewers, water lines, outlet installations for sewage
treatment plants, sealed public and private water supply wells, pumping
stations, and underground communication facilities, shall, together
with associated structures, but excepting necessary vents, be designed
and installed underground so as to be at or below the existing natural
surface grade within the floodplain and in such a manner as will prevent
flotation, minimize or eliminate flood damage, and not alter the cross-sectional
area of the floodplain.
[b]
All new or replacement water supply facilities
and/or sanitary sewage facilities shall be designed to minimize or
eliminate infiltration of floodwaters into the facilities and discharges
from the facilities into floodwaters.
[c]
All gas lines shall have a system of shutoff valves
for service to the Floodplain Zone (F) to allow positive control during
flood emergencies.
[4]
Fish hatcheries, including uncovered ponds and raceways, which
are approved by the Pennsylvania Fish Commission, but excluding other
structures.
[5]
Culverts, bridges, and approaches to private culverts and bridges
that meet all the following conditions:
[a]
Review and/or approval by the Lancaster County
Planning Commission, if required.
[b]
Approval by the Susquehanna River Basin Commission,
if required.
[c]
Approval by the PA DEP, if required.
[d]
Approval by the United States Army Corps of Engineers,
if required.
[e]
Approval by PennDOT, if required.
[f]
If approval by PennDOT is not required, the proposed
use must still meet all of the appropriate minimum design standards
of PennDOT.
[g]
The proposed structure must be designed in such
a way as to have the capacity to allow the unrestricted passage of
waters of maximum flood elevation below and through it without any
increase in water surface elevation on adjacent upstream or downstream
properties.
[6]
Extraction of sand, gravel and other mineral resources, excluding
topsoil.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
(e)
Prohibited uses. The following uses are prohibited in the Floodplain
Zone (F):
[1]
All uses prohibited either expressly or implicitly in the underlying
zoning district for the land in question.
[2]
All structures, with the exception of those specifically allowed in § 340-22J(2)(c) and (d).
[3]
Sanitary landfills, dumps, junkyards and salvage yards, and
outdoor storage of vehicles and/or materials.
[4]
Placing, depositing, or dumping any spoil, fill, or solid waste, except such grading necessary to accomplish and carry out those uses permitted in § 340-22J(2)(c) and (d); provided, however, that no grading is permitted which would cause any increase in flood heights or frequency on adjacent upstream or downstream properties.
[5]
Damming or relocation of any watercourse, except as provided for in § 340-22J(2)(c) and (d).
[6]
Any parts of new on-site sewage disposal systems.
[7]
Stockpiling, storage, or disposal of buoyant materials, logging
slash, herbicides, pesticides, domestic or industrial waste, radioactive
materials, petroleum or other flammable materials, explosives, poisonous
materials, hazardous materials or other material which, if flooded,
would pollute the watercourse or be injurious to human, animal, or
plant life.
[8]
Any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances on the premises: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid, and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulfur and sulfur products, pesticides (including insecticides, fungicides and rodenticides), radioactive substances, insofar as such substances are not otherwise regulated, and other substances defined as "hazardous waste" under Section 75.261, Chapter 75, Title 25 of the Pennsylvania Code (PA DEP's Hazardous Waste Management Regulations).[8]
[8]
Editor's Note: The Department of Environmental Resources was
split into two and reorganized by Act 1995-18, now the Department
of Environmental Protection, 71 P.S. § 510-1, or Department
of Conservation and Natural Resources, 71 P.S. § 1340.301
et seq. For the list of hazardous wastes, see now 25 Pa. Code Ch.
261a, Identification and Listing of Hazardous Waste.
[9]
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[10]
Fully and partially enclosed space below the lowest
floor (including basement).
(3)
Approximate floodplain area.
(a)
Description: the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent annual chance flood event,
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the PA DEP Regional Office.
[2]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
[3]
In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
K.
Changes in identified floodplain area. The identified floodplain
area may be revised or modified by the Board of Supervisors where
studies or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. As soon as practicable, but not later
than six months after the date such information becomes available,
the Township shall notify FEMA of the changes by submitting technical
or scientific data.
L.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Zoning
Officer, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
M.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have been first obtained
from the PA DEP Regional Office. It is the responsibility of the applicant
to provide all studies and pay all required fees.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse regulated by FEMA.
(2)
Submit technical or scientific data to FEMA for a letter of map revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE for
any watercourse regulated by FEMA.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this section and any other applicable
codes, ordinances and regulations.
N.
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 340-22J shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22W, then the following provisions shall apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 340-22J(3)(b)[2] and [3].
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(d)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
O.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
The floor area shall not exceed 200 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
P.
Design and construction standards. Within any identified floodplain area, any new construction or substantial improvements other than those expressly authorized by § 340-22J shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with § 340-22W, then the following minimum standards shall apply for all construction and development proposed within any identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and Township regulations for such systems. If any such system
is permitted, is shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities From Flood Damage, and the International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 340-22Q, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components
located below the regulatory flood elevation shall be securely anchored
or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
of the UCC shall apply to the above and other subsections of this
section, to the extent that they are more restrictive and/or supplement
the requirements of this section.
Q.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[9] and the regulations adopted by the DCED as required by
the Act, any new or substantially improved structure which will be
used for the production or storage of any of the following dangerous
materials or substances; or will be used for any activity requiring
the maintenance of a supply of more than 550 gallons, or other comparable
volume, of any of the following dangerous materials or substances
on the premises; or will involve the production, storage, or use of
any amount of radioactive substances, shall be subject to the provisions
of this section, in addition to all other applicable provisions. The
following list of materials and substances are considered dangerous
to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel, oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Sodium
| |
|
Sulfur and sulfur products
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
[9]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in § 340-22Q(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 340-22Q(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the BFE.
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood. Any such structure, or part thereof,
that will be built below the regulatory flood elevation shall be designed
and constructed in accordance with the standards for completely dry
floodproofing contained in the publication "Flood-Proofing Regulations"
(U.S. Army Corps of Engineers, June 1972, as amended March 1992),
or with some other equivalent watertight standard.
R.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where BFE
data are not available shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a conditional letter of
map revision or letter of map revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
S.
Special requirements for manufactured homes and recreational vehicles. Within any identified floodplain area, manufactured homes and recreational vehicles are prohibited. If a variance is obtained for a manufactured home or recreational vehicle in the identified floodplain area in accordance with § 340-22W, then the following provisions apply:
(1)
Within any floodway, manufactured homes and recreational vehicles
shall be prohibited.
(2)
Within the approximate floodplain or special floodplain area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the International Residential Building Code adopted
as part of the UCC or the United States Department of Housing and
Urban Development's Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto, shall apply.
(5)
Consideration shall be given to the installation requirements of
the UCC where appropriate and/or applicable to units where the manufacturer's
standards for anchoring cannot be provided or were not established
for the unit's proposed installation.
T.
Prohibitions. In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act,[10] the following activities shall be prohibited within any
identified floodplain area.
(2)
The commencement of, or any construction of, a new manufactured home
park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[10]
Editor's Note: See 32 P.S. § 679.101 et seq.
U.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 340-22V shall apply. Historic structures, as defined in this section, undergoing repair or rehabilitation that would constitute a substantial improvement, as also defined in this section, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
V.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the BFE.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any special floodplain area that would, together with all other
existing and anticipated development, increase the BFE more than one
foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
W.
Variances.
(1)
If compliance with any of the requirements of this section would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article VI of this chapter and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway that would cause any increase
in the BFE on adjacent upstream or downstream properties.
(b)
No variance shall be granted for any construction, development,
use, or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development which may
endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board shall
attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare,
and to achieve the objectives of this section.
(g)
(h)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
(3)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
X.
ACCESSORY STRUCTURE OR USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
LOWEST FLOOR
MANUFACTURED HOME
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME PARK OR SUBDIVISON
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
use in this section shall be interpreted so as to give this section
its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the FIRM for Zones AE, AH, and A1-30
that indicates the water surface elevation resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials forming a permanent structure
and which has walls and a roof. This term shall include manufactured
homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction
or facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the Township.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which FEMA or the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
An historic structure as defined in § 340-10, i.e., a structure that is on the National Register of Historic Places, is recognized by the Pennsylvania Historical and Museum Commission as being historically significant, is recognized by the Historic Preservation Trust of Lancaster County as being historically significant or is recognized on the Township's list of Class 1 and Class 2 historically significant structures.
The lowest floor of the lowest fully enclosed area, including
any basement. An unfinished flood-resistant partially enclosed area
used solely for the parking of vehicles, building access and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A type of single-family detached dwelling that meets all
of the following requirements:
It is transportable in a single piece, or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
It may be constructed so that it may be used without a permanent
foundation.
It is not a recreational vehicle.
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced
on or after the effective date of these floodplain regulations that
were adopted by the Township, and includes any subsequent improvements
thereto. Any construction started after November 19, 1980, and before
the effective date of these floodplain regulations is subject to the
regulations in effect at the time the permit was issued, provided
the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the Township.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, fence, stockpile, refuse,
fill, structure or other matter in, along, across or projecting into
any channel, watercourse or flood-prone area, which may impede, retard
or change the direction of the flow of water, either by itself or
by catching or collecting debris carried by such water, or is placed
where the flow of the water may carry the matter downstream to threaten
life and property.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified
methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on an average, equals or exceeds
25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
A subdivision as defined in the MPC.[11]
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, regardless of the actual repair work performed.
The term does not include either any project for improvement of a
structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the Township code enforcement official and which are the minimum
necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
with the state floodplain construction. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and IBC.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations. A
structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[11]
Editor's Note: See 53 P.S. § 10107.
[Amended 2-19-1997 by Ord. No. 175; 4-7-1999 by Ord. No.
191]
A.
Purpose and intent.
(1)
In compliance with §§ 605(2) and 605(3)
of the Act, this zone provides an optional set of design standards
that can be applied to property located within the R-2 Residential
Zone. These optional design standards seek to achieve a village type
setting that is characteristic of much of Lancaster County's built
environment and heritage. All of the design standards of this zone
are vital if the village atmosphere is to be achieved. While many
of the following requirements deal with issues that typically transcend
zoning jurisdiction, they are provided as design options, and are,
therefore, considered voluntarily self-imposed by prospective developers,
but enforceable by the Township.
(2)
It is the further intent of the Board of Supervisors
to encourage flexibility, economy and ingenuity in the development
of tracts within the R-2 Residential Zone of the Township. To this
end, the Board of Supervisors shall, by conditional use approval,
permit the developer to modify the design standards of this section
if such modification will enable the design of a better development.
It is the specific intent of the Board of Supervisors to permit developers
to consider and utilize innovative methods of design.
(3)
Some of the specific development objectives of the
zone include the design and construction of neighborhoods that:
(a)
Are distinct in their incorporation of important
natural and cultural features.
(b)
Provide for a diversity of housing types, sizes
and costs with particular emphasis on scattered-site affordable housing
opportunities.
(c)
Provide for convenient vehicular access to the
neighborhood's edge but increased reliance upon pedestrian movements
within its bounds.
(d)
Integrate local businesses and trades to enhance
resident convenience and offer limited employment opportunities.
(e)
Make efficient use of local infrastructure and
services.
(f)
Reflect the historic and traditional building
styles so abundant within the region.
(g)
Reserve and feature civic uses and open spaces
as community focal points.
(h)
Provide safe, efficient and compatible linkages
with existing nearby land uses, streets, sidewalks, etc.
(i)
Invite regular and frequent social interaction
among its inhabitants.
(j)
Blend all of these above described features
in a way that promotes community identification and a sense-of-belonging
for the residents.
(4)
These development objectives will be used as a measure
of conformance with any proposed development within this zone.
B.
Relationship to other ordinances and sections of this
chapter. The provisions of this section create a conditional use overlay
zone which may be applied to lands within the R-2 Zone. This zone
may only be applied to property upon approval by the Board of Supervisors
and written acceptance by the landowner of all requirements of this
section, and any valid conditions of approval attached by the Board
of Supervisors. Such overlay zone establishes different land use and
design requirements from those contained in this and other ordinances
of the Township. To the extent the regulations within this section
differ (are more, or less restrictive) from others, those within this
section shall govern. However, all other provisions of this and other
ordinances of the Township shall remain in full force.
C.
Severability and repealer. Should any part of this section be declared invalid by the courts, the entire § 340-23 shall be automatically repealed.
D.
Review procedures. All proposals within this zone are considered and shall be governed by the application and review procedures for conditional uses according to § 340-131 of this chapter. The remaining requirements of this zone shall be used as the specific criteria for evaluating the approval of any conditional use(s).
E.
Conditional uses.
(1)
Public uses and public utilities structures.
(2)
Municipal uses.
(3)
Churches and related uses.
(4)
Single-family detached dwellings.
(5)
Duplexes.
(6)
Townhouses with no more than four units per building.
(7)
Quadraplexes.
(8)
Apartments. Where the apartments are in a townhouse
design, no more than eight units per structure. Where the apartments
are in a design with a common street entrance or with apartments being
located in an over/under configuration, the building shall have a
maximum width and length of 200 feet.
(9)
Accessory building apartments with no more than one dwelling unit, subject to the criteria listed in § 340-64 of this chapter.
(12)
The following locally oriented businesses:
(a)
Barber, beauty, tanning and health salons.
(b)
Tailors, off-site dry cleaning and shoe repair
services.
(c)
Retail sales and/or rental of goods such as,
but not limited to, antiques, apothecaries, packaged beverages, recorded
music and video materials, books, clothing, confections, dry goods,
flowers, fresh or packaged food, furniture, gifts, hardware, jewelry,
newspaper, notions, personal and household supplies, photographic
supplies, sporting goods, stationery and tobacco (excluding adult-related
uses).
(d)
Delicatessens, bakeries, ice cream shops, caterers,
restaurants and fast-food restaurants, provided no drive-through facilities
are used.
(e)
Photographic, music, art and dance studios.
(f)
Professional, medical and/or dental office.
(g)
Banks, including outdoor tellers if pedestrian-oriented,
and similar financial institutions, provided no drive-through facilities
are utilized.
(h)
Repair of clocks, jewelry, cameras, electronics
and small household appliances.
(i)
Convenience stores with accessory gasoline facilities
meeting the following criteria for village overlay development on
a tract containing a minimum lot size of 50 acres which will be developed
with not less than 200 dwelling units:
[1]
The building shall contain no more than 3,000
gross square feet in area.
[2]
There shall be no more than three multiproduct
gasoline dispensers which shall be able to serve no more than six
motor vehicles at any one time.
[3]
The convenience store shall front on and gain
access from a collector road or an arterial road or the convenience
store shall be located at the intersection of two collector roads,
two arterial roads or a collector road and an arterial road.
[4]
There shall be not more than one pole sign which shall contain not more than 36 square feet of sign area for the convenience store. No signage shall be permitted on the canopy over the multiproduct gasoline dispensers. Signage on the building shall be regulated in accordance with Article III of this chapter.
[5]
Applicant shall separately address the traffic
impacts of the proposed convenience store in the required traffic
study for the project.
[6]
Applicant shall limit lighting of the convenience store property in accordance with the illumination criteria of § 285-28A(7) of Chapter 285, Subdivision and Land Development, subject to the following:
[7]
[8]
If applicant installs one or more canopies over
the multipurpose gasoline dispenser(s), the maximum under clearance
of such canopy shall be 15 feet and the maximum height of the canopy
shall be 20 feet.
[9]
The architectural design and signage for the
convenience store shall be consistent with the character of the village
neighborhood as determined by the reasonable discretion of the Board
of Supervisors.
(16)
Accessory uses customarily incidental to the
above-permitted uses.
F.
Minimum area requirements. All applications for this
zone shall contain no less than 30 contiguous acres, unless applicant
proposes to include a use which requires a greater minimum lot area.
However, applications that expand previously approved Village Overlay
Zone development shall have no minimum area requirements.
G.
Required mixture of uses. All Village Overlay Zone
developments shall provide a mixture of uses that conform with the
following ratios of net acreage (excluding streets, alleys and utility
rights-of-way):
|
Use
|
Required Percentage
| |
|---|---|---|
|
Public, civic, open spaces
|
Minimum 30%
| |
|
Single-family detached dwellings (including
accessory apartments)
|
Minimum 35%
| |
|
Other dwellings (duplexes, townhouses, quadraplexes)
|
10% to 30%
| |
|
Local commercial uses
|
Maximum 5%
|
H.
Maximum coverage. In no case shall more than 55% of
a Village Overlay Zone development site be covered with buildings
and/or other impervious surfaces.
I.
Architectural considerations. All proposals within
the Village Overlay Zone must incorporate architectural treatments
and styles that complement the Township's historic resources. All
applications shall include the preparation of textual and (typical)
graphic descriptions by a commonwealth registered architect, of proposed
architectural features and styles, which shall be presented and analyzed
with the following criteria:
(1)
Proportion of building's front facades. The relationship
between the width of the front of the building and the height of the
front of the building.
(2)
Proportion of openings within the building. The relationship
of width to height of windows and doors.
(3)
Rhythms of solids to voids in the front facade. Since
rhythm is a repeated and recurrent alteration of strong and weak architectural
elements, a rhythm of masses to openings in a building should be maintained.
(4)
Rhythm of spacing of buildings on streets. In moving
past a series of buildings, a rhythm of recurrent or repeated building
masses to spaces between them should be experienced.
(5)
Rhythm of entrance and/or porch projections. Moving
past a series of structures, one experiences a rhythm of entrances
or projections at an intimate scale.
(6)
Relationship of materials. Within an area, the predominant
materials may be brick, stone, stucco, wood siding or other material.
(7)
Relationship of textures. The predominant textures
of an area may be smooth, such as stucco or rough as brick with tooled
joints or horizontal wood siding, or other textures.
(8)
Walls of continuity. Physical ingredients, such as
brick walls, wrought iron fences, evergreen landscape masses, building
facades or combinations of these form continuous, cohesive walls of
enclosures along the street.
(9)
Relationship of landscaping. There may be a predominance
of a quality and quantity of landscaping, although emphasis herein
shall be with the amounts and continuity of landscaping.
(10)
Paving materials. There may be a predominance
in the use of brick pavers, cobblestones, granite blocks or others.
(11)
Directional expression of front elevation. Structural
shape, planning of openings and architectural detail may provide a
predominantly vertical, horizontal or nondirectional character to
the building's facade.
(12)
Scale. Scale is created by the size of units
of construction and architectural detail that relate to the size of
man. It can also be determined by building mass and how it relates
to open space. The major elements of scale may be brick or stone units,
window or door openings, porches and balconies, etc.
(13)
Relationship of color. Insofar as the mass and
detail, such as trim, are concerned, a predominant color that may
be of a natural material or a patina colored by time. Blending colors
of trim is also a factor.
(14)
Relationship of architectural details. Architectural
details and their relationship to the structure in question and adjacent
ones including, but not limited to, cornices, lintels, arches, quoins,
balustrades and ironwork, chimneys, etc.
(15)
Relationship of roof shapes. Buildings should
have compatible roof shapes, such as gable, mansard, hip, flat, gambrel
and/or other kinds of roof shapes.
(16)
A description of any nonstructural site improvements
(buffering, landscaping and screening) that will be used to protect
the integrity of the historic resources.
J.
Residential design requirements.
(1)
Lot design standards. See following table:
|
Required Setbacks2
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Permitted Dwelling Type
|
Maximum Permitted Density
(units/ net acre)
|
Minimum Lot Width at Building
Line
(feet)
|
Maximum Lot Coverage3
|
Front Build-to Line1
(feet)
|
One Side
(feet)
|
Both Sides
(feet)
|
Rear
(feet)
| |
|
Single-family detached
|
74
|
50
|
50%
|
10-15
|
6
|
12
|
20
| |
|
Duplex
|
8
|
40 per unit
|
70%
|
10-15
|
6 per unit
|
N/A
|
20
| |
|
Townhouse5
|
8
|
18 per unit
|
70%
|
10-15
|
10 end units
|
N/A
|
20
| |
|
Quadraplex
|
8
|
30 per unit
|
70%
|
10-15
|
10 end units
|
N/A
|
20
| |
|
Apartments6
|
7
|
20 per unit
|
70%
|
10-20
|
30 end units
|
60
|
20
| |
|
NOTES:
| |||
|---|---|---|---|
|
1
|
No less than 70% of a building's front
facade (including the front facade of any covered or uncovered porches)
must be located on the front build-to line; except, however, no less
than 50% of any townhouse or quadraplex building must be located on
the front build-to line. Front build-to lines shall be measured between
the edges of the street right-of-way and the closest facade of the
building; including porches. No part of any building shall extend
closer to a street than the front build-to line.
| ||
|
2
|
Required setbacks for accessory structures
shall be 10 feet from rear lot lines and six feet from side lot lines.
No accessory buildings shall be permitted within the front yard.
| ||
|
3
|
Maximum lot coverage requirements shall
not apply to porches located within the front yard.
| ||
|
4
|
In addition to the principal dwelling, an accessory building apartment is permitted by special exception, subject to the criteria listed in § 340-64. Such accessory building apartments shall not be calculated as part of the maximum permitted density depicted for single-family detached dwellings in this table.
| ||
|
5
|
No townhouse building shall contain
more than four units. For each townhouse building containing more
than four units, no more than 67% of such units shall have the same
front yard setback; the minimum variation of setback shall be five
feet. In addition, no more than two contiguous units shall have identical
roof lines that generally parallel the ground along the same horizontal
plane. All townhouse buildings shall be set back a minimum of 15 feet
from any interior access drives, or parking facilities contained on
commonly-held lands. All townhouse buildings shall be set back at
least 30 feet from any perimeter boundary of the development site.
In those instances where several townhouse buildings are located on
the same lot, the following separation distances will be provided
between each building:
| ||
|
(1)
|
Front to front, rear to rear or front
to rear parallel buildings shall have at least 50 feet between faces
of the building. If the front or rear faces are obliquely aligned,
the above distances may be decreased by as much as 10 feet at one
end if increased by similar or greater distance at the other end.
| ||
|
(2)
|
A minimum yard space of 30 feet is
required between end walls of buildings. If the buildings are at right
angles to each other, the distance between the corners of the end
walls of the building may be reduced to a minimum of 20 feet.
| ||
|
(3)
|
A minimum yard space of 30 feet is
required between end walls and front or rear faces of buildings.
| ||
|
(4)
|
All townhouse buildings shall be set
back a minimum of 15 feet from any interior access drives or parking
facilities contained on commonly held lands.
| ||
|
6
|
No apartment building designed in a townhouse configuration shall contain more than eight dwelling units. An apartment building designed in a configuration where all units share a common street entrance or where the units are in an over/under configuration shall have a maximum width and length of 200 feet. All buildings shall be separated in accordance with the multiple-family design criteria set forth in § 340-15E of this chapter.
| ||
(2)
Modified lot design standards.
(a)
Up to 10% of the single-family lots included
within the Village Overlay Zone development may have a lot width as
narrow as 40 feet; provided, however, that an equal percentage of
single-family lots shall have a minimum lot width of not less than
60 feet.
(b)
All single-family detached dwelling lots which
have a lot width of less than 50 feet shall be located on the side
of a street where on-street parking is prohibited. The applicant shall,
while the streets are private, erect appropriate no parking signs
and enforce the no parking requirements. If such streets are dedicated
to and accepted by the Township, the applicant shall prepare a traffic
study necessary to support such parking prohibition and shall bear
all costs necessary to enact an ordinance establishing the parking
prohibition.
(c)
All single-family detached dwellings located
on lots with a width less than 50 feet shall be provided with basements.
(d)
All single-family detached dwellings located
on lots with a width less than 50 feet shall be provided with basements.
(e)
No more than two lots which are less than 50
feet in width may be contiguous. Each lot or lots which are less than
50 feet in width shall be separated by two or more lots which are
50 feet or greater in width.
(f)
Lots which are less than 50 feet in width may be located only on local streets as established by § 340-39 of this chapter.
(g)
Lots which have a width of less than 50 feet
shall not be located on the outside of a horizontal curve or around
the bulb of a cul-de-sac.
(3)
Residential building design standards. All residences
shall comply with the following:
(a)
Building height. All principal residences shall
be between 1 1/2 and three stories in height. Accessory buildings
shall be no more than 15 feet high unless an accessory apartment is
provided; in such cases, an accessory building can extend up to two
stories.
(b)
Building orientation and porches. All residential
buildings' main entrances shall face the lot's front yard. At least
50% of all detached dwellings located along a public street within
the same block shall include porches within the front yard. When a
dwelling with a porch is located on a corner lot, the porch shall
extend parallel along both front lot lines.
(c)
Residential building width. No residential dwelling
shall be greater than 100 feet wide as measured parallel, or approximately
parallel, with any street line.
(4)
Vehicular access and parking requirements for residences.
(a)
All driveways and off-street parking shall be
provided within the rear yard. However, one joint-use driveway shall
be permitted to extend into the front yard to connect with a public
street, along a common lot line serving at least two adjoining residences.
Driveway widths shall range between 10 and 12 feet. In no case shall
any joint-use driveway serve more than four dwelling units.
(b)
For purposes of this zone, § 340-32 of this chapter is partially waived to allow the creation of dwelling lots that do not have public street frontage; however, such lots must front along a commonly held pedestrian path, and have direct access to a public alley, or a joint use driveway. In such cases, the lot's front yard shall be that which is along the common pedestrian path. Furthermore, the lot's front build-to line shall be measured from the edge of the common pedestrian path.
(c)
Notwithstanding the requirements of § 340-35 of this chapter, a minimum of two off-street parking spaces may be provided for each one bedroom apartment. An applicant for conditional use approval shall specify the number of one bedroom apartments which shall be developed. The applicant shall specify the buildings within which the one bedroom apartments shall be located and shall include notes within which the one bedroom apartments shall be located and shall include notes on the final land development plan indicating the minimum number of one bedroom apartment dwellings which must be developed to enable providing two off-street parking spaces for such apartment dwelling units. Garages shall not be counted toward the off-street parking requirements for apartment dwellings.
(5)
All mail and newspaper boxes shall be attached to
the building's front facade.
(6)
No aboveground accessory residential swimming pools,
except portable kiddie pools, shall be permitted.
K.
Commercial design requirements. Within the Village Overlay Zone, those limited commercial activities listed in § 340-23E(12) shall be permitted in one or a combination of the two following alternative design schemes and subject as well to the following common design requirements:
(1)
Commercial courtyard. This design scheme provides
for a centralized pedestrian-oriented commercial courtyard that provides
a maximum separation of commercial patrons from vehicular traffic.
(a)
Commercial courtyards shall also be integrated
upon a system of sidewalks and/or pedestrian pathways, such that all
inhabitants of the development and adjoining neighborhoods to be served
will have safe and convenient pedestrian access to the commercial
courtyard.
(b)
Where practicable, commercial courtyards will be contiguous or directly across a street from common greens as required by § 340-23L(1) of this chapter. Furthermore, commercial courtyards shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community center or pavilions, playgrounds, etc.).
(c)
Commercial courtyards shall consist of one minimum
thirty-five-foot-wide pedestrian path which generally runs perpendicular
from adjoining streets. Such pedestrian path shall have a dust free
impervious surface with lamp posts, trash receptacles, shade tree
beds, pedestrian benches and similar amenities.
(d)
Each commercial building's main facade, sign
and customer entrance must front on the commercial courtyard. At least
50% of the commercial buildings' main facades shall be placed upon
a five-foot build-to-line, as measured from the nearest edge of the
courtyard's pedestrian path; however, this requirement can be waived
for outdoor cafes, so long as a three-foot-high fence is placed along
the same build-to-line.
(e)
Outdoor restaurant cafes, including awnings,
umbrellas, tables and chairs and trash receptacles are permitted,
so long as they architecturally and visually complement the overall
appearance and function of the commercial courtyard. All activities
onsite shall be controlled so as not to constitute a nuisance by means
of noise and litter.
(f)
One sidewalk display bin for retail merchandise
shall be permitted per use between the main facade of the building
and the courtyard's pedestrian path. Such bin shall be located against
the facade and shall not extend more than two feet perpendicular from
it. Sidewalk display bins shall not exceed an overall length of 15
feet, nor an overall height of three feet. Sidewalk bins shall only
be exhibited during the use's business hours.
(g)
Signs for commercial uses within the commercial courtyard shall only include flat wall signs, wall projecting signs or roof projecting signs. Overall sign size shall be limited to six square feet per sign, per business. Each business will be permitted one such sign along the courtyard pedestrian path, plus another oriented to its street side. The commercial courtyard is also permitted one freestanding archway which crosses over the common pedestrian path. Such archway must be used to identify a common name of the commercial courtyard. Notwithstanding the foregoing, signs for convenience stores with accessory gasoline facilities shall be permitted in accordance with § 340-23E(12)(i).
(h)
Vehicular access, off-street parking and off-street
parking loading shall be located in the commercial use's front yard
(directly opposite the common pedestrian path or courtyard) between
the building and a public street. As an alternative, off-street parking
and loading can be provided on a separate common area shared by adjoining
businesses. Such common parking and loading shall be not more than
300 feet from any of the uses it serves, shall be linked via a sidewalk
to the courtyard's common pedestrian path and shall be screened from
the common pedestrian path, adjoining roads and adjoining residential
areas.
(i)
Required off-street parking.
[1]
Minimum required off-street parking spaces for
commercial uses are computed on the basis of one per 300 square feet
of total floor area, except that convenience stores, and/or offices
of physicians, dentists and veterinarians shall require one space
per 200 square feet of total floor area.
[2]
Off-street parking lot design standards shall follow those specified for all commercial uses contained within § 340-34 of this chapter. All off-street parking for commercial uses shall be set back no less than 25 feet from any adjoining property used principally for residential purposes. Furthermore, any street access to any off-street parking space must be set back at least 40 feet from the right-of-way lines of any intersecting street or five feet from a fire hydrant.
(j)
Minimum required setbacks. See following table:
|
Use
|
Front Yard
(feet)
|
Side Yards Abutting Other Commercial
Uses
|
Side Yards Abutting Public or
Residential Uses
(feet)
|
Rear Yard
| |
|---|---|---|---|---|---|
|
Building
|
541
|
None
|
None
|
See § 340-23K(1)(e)
| |
|
Off-street parking
|
See § 340-23K(1)(i)
|
None
|
25
|
Not permitted
| |
|
Off-street loading
|
10
|
None
|
50
|
Not permitted
| |
|
Dumpster
|
25
|
None
|
50
|
Not permitted
| |
|
Gasoline dispensing facility
|
502
|
None
|
50
|
Not permitted
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Building front yard setbacks can be reduced
in two separate instances. First, a minimum twenty-foot setback can
be used when no off-street parking nor loading is provided between
the building and the adjoining street. In such cases, this area shall
be used for a minimum eight-foot-wide sidewalk and a planting strip
that comprises at least 25% of the area contained within the front
yard. Second, the building front yard setback can be reduced to 30
feet when perpendicular or angled head-in parking spaces directly
front an access easement. In this case, the thirty-foot strip shall
be comprised of a minimum ten-foot-wide landscape strip with sidewalk,
and the balance used for actual parking space.
| |
|
2
|
For corner lots, the setback adjacent to the
street of lesser classification may be provided in accordance with
Footnote 1 of this table.
| |
(2)
Main street setting. This design scheme provides for
a centralized main street streetscape similar to that characterized
by many of the historic villages and boroughs of the county.
(a)
Main street settings shall be integrated upon
a system of sidewalks, such that all inhabitants of the development
and adjoining neighborhoods to be served will have safe and convenient
pedestrian access to the main street area.
(b)
Where practicable, main street settings will be contiguous to or directly across a street from common greens as required by § 340-23L(1) of this article. Furthermore, main street settings shall also incorporate, or be located in close proximity with, civic uses and amenities (e.g., postal gang boxes, bus stops, community centers or pavilions, playgrounds, etc.).
(c)
Main street settings shall require that commercial
uses front along a new arterial or collector road serving the development.
(d)
Main street settings shall include sidewalks
with lamp posts trash receptacles, pedestrian benches, shade trees
and other similar amenities.
(e)
Each commercial building's facade, sign and
customer entrance must be oriented toward its adjoining street. At
least 50% of the commercial buildings' main facades shall be placed
upon a five-foot front build-to-line; however, this requirement can
be waived for outdoor restaurant cafes, so long as a three-foot-high
fence is placed along the same build-to-line.
(f)
Outdoor restaurant cafes, including awnings,
umbrellas, tables and chairs and trash receptacles are permitted so
long as they architecturally and visually complement the overall appearance
and function of the main street setting. All activities onsite shall
be controlled so as not to constitute a nuisance by means of noise
and litter.
(g)
One sidewalk display bin for retail merchandise
shall be permitted per use between the main facade of the building
and the main street sidewalk. Such bin shall be located against the
facade and shall not extend more than two feet perpendicular from
it. Sidewalk display bins shall not exceed an overall length of 15
feet, nor an overall height of three feet. Sidewalk bins shall only
be exhibited during the use's business hours.
(h)
Signs for commercial uses within the main street setting shall only include flat wall signs, wall projecting signs or roof projecting signs. Overall sign size shall be limited to six square feet per business. Each business will be permitted only one such sign. Another two square foot wall sign is permitted facing the building's off-street parking area. Notwithstanding the foregoing, signs for convenience stores with accessory gasoline facilities shall be permitted in accordance with § 340-23E(12)(i).
(i)
Required parking and loading.
[1]
Minimum required off-street parking spaces for commercial uses are computed on the basis of one per 300 square feet of total floor area, except that convenience stores and/or offices of physicians, dentists and veterinarians shall require one space per 200 square feet of total floor area. Required off-street loading spaces shall be determined by § 340-36K of this chapter. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. All off-street parking and loading space areas shall be provided on an integrated basis so that all uses are physically interconnected and share available parking and loading spaces. Cross access easements to ensure such integration shall be required in language acceptable to the Township's Solicitor. For the purposes of this zone, the schedule of required parking spaces listed in § 340-35H and the reduction of required parking spaces provided for by § 340-35F shall not apply. However, all other design standards shall be enforceable. All vehicular access to such areas shall be via common access drives, preferably not directly from the main street area, but from an intersecting side street.
[2]
In addition to the above described off-street
parking, on-street parking shall be provided as parallel parking along
any side of the street upon which commercial uses front.
(j)
Minimum required setbacks. See the following
table:
|
Use
|
Front Yard
|
Side Yards Abutting Other Commercial
Uses
|
Side Yards Abutting Noncommercial
Uses
(feet)
|
Rear Yard Abutting Other Commercial
Uses
(feet)
|
Rear Yard Abutting Noncommercial
Uses
(feet)
| |
|---|---|---|---|---|---|---|
|
Building
|
See § 340-23K(1)(i)
|
None
|
0
|
50
|
50
| |
|
Off-street parking
|
Not permitted
|
None
|
15
|
None
|
15
| |
|
Off-street loading
|
Not permitted
|
None
|
25
|
None
|
25
| |
|
Dumpster
|
Not permitted
|
None
|
50
|
None
|
50
| |
|
Gasoline dispensing facility
|
Not permitted
|
None
|
50
|
None
|
50
|
(k)
Height requirements. All buildings shall have two, or 2 1/2 stories. Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter and shall be permitted to be one story in height.
(l)
Outdoor storage. No outdoor storage is permitted.
(m)
Waste products. Dumpsters are permitted within
the rear yard. All dumpsters shall be set back a minimum of 50 feet
from any adjoining properties used for a principal residence. All
waste receptacles shall be completely enclosed within a masonry or
fenced enclosure equipped with a self-latching door or gate.
(n)
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings (see § 340-36). Convenience stores shall also be subject to all requirements of § 340-23E(12)(i) of this chapter.
(o)
Commercial operations standards. All commercial
operations shall be in compliance with any Commonwealth of Pennsylvania
and/or federal government regulations, as required by the most recent
regulations made available from these governmental bodies.
(3)
Common design standards. Commercial uses, whether
in a centralized pedestrian-oriented commercial courtyard or in a
main street setting shall meet the following requirements:
(a)
Where practicable, all commercial land uses
shall be centralized within one area which is generally equidistant
from the peripheral edges of the development, or any adjoining residential
neighborhood(s) whose residents would also patronize the commercial
uses.
(b)
For each commercial use (except for convenience
stores with accessory gasoline facilities), one upper-floor apartment
with a separate ground level access and one off-street parking space
must be provided.
(c)
No business shall comprise more then 2,000 square feet of gross floor area (excluding the upper-floor apartment). Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter.
(d)
For each 30 dwelling units occupied, one commercial
use may be constructed.
(e)
Lot area requirements. Five thousand to 10,000
square feet per store. For convenience stores with accessory gasoline
facilities, a minimum of one acre shall be required.
(f)
Lot width requirements: 25 feet to 80 feet per
store front, except that, when a commercial use adjoins a lot or lots
used principally for residential purposes, the maximum lot width shall
be increased to accommodate a required twenty-five-foot-wide landscape
buffer strip.
(g)
Maximum lot coverage: 90%.
(h)
Height requirements. All buildings shall have two, or 2 1/2 stories. Notwithstanding the foregoing, convenience stores with accessory gasoline facilities shall be subject to the requirements of § 340-23E(12)(i) of this chapter and shall be permitted to be one story in height.
(i)
Outdoor storage. No outdoor storage is permitted.
(j)
Waste products. Dumpsters may be permitted within
the side or front yard, provided such dumpsters are screened from
any adjoining roads and/or properties. All dumpsters shall be set
back a minimum of 50 feet from any adjoining properties used for a
principal residence. All waste receptacles shall be complete enclosed
within a masonry or fenced enclosure equipped with a self-latching
door or gate.
(k)
Architectural considerations. All commercial buildings are subject to the regulation of Subsection I of this section. Convenience stores with accessory gasoline facilities shall also be subject to requirements of § 340-23E(12)(i) of this chapter.
(l)
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative groudcover and other ornamental plantings (see § 340-36). Convenience stores with accessory gasoline facilities shall also be subject to all requirements of § 340-23E(12)(i)[7] of this chapter.
(m)
Commercial operations standards. All commercial
operations shall be in compliance with any Commonwealth of Pennsylvania
and/or federal government regulations, as required by the most recent
regulations made available from these governmental bodies.
L.
Open space design requirements. As specified in § 340-23G, no less than 30% of the total development site's net acreage shall be devoted to public, civic and/or open space uses. The following standards shall also be applied to these areas:
(1)
Of the total 30% required, no less than 1/3 shall
be used for commonly held public open spaces. Any remaining area shall
be reserved for centralized common greens, such as playgrounds, picnic
pavilions and neighborhood parks or public schools, churches, meeting
halls, swimming pools, libraries, museums and other similar uses.
(2)
The location and design of required public open spaces
shall be largely determined by a proper site planning process. As
part of this process, applicants shall be required to prepare a natural
and cultural features inventory of the site. Qualified experts must
identify and plot each of the following found on the proposed site:
(a)
One-hundred-year floodplains.
(b)
Steep slopes (greater than 15%).
(c)
Wetlands, streams, ponds or other water bodies.
(d)
Sinkholes, caves, vistas or other significant
geologic features.
(e)
Threatened or endangered species habitats.
(f)
Archaeologic resources.
(g)
Historic resources.
(h)
Significant stands of mature trees.
|
From this inventory and plot, it shall be incumbent
upon the applicant to demonstrate that the proposed schematic design
of the Village Overlay Zone development minimizes disturbance of,
but integrates, these features to provide a safe and attractive network
of common pedestrian paths that link areas within the proposed development
and connect with nearby uses of the Township. All common pedestrian
paths shall consist of an all-weather durable surface that is at least
five feet wide.
|
(3)
An essential element of the Village Overlay Zone development
application is a written description and plan for the disposition
of ownership of common open space land designating those areas to
be offered for dedication, or to be owned by the specific form of
organization proposed. The common open space shall be owned and maintained
in a manner to insure its preservation. This shall be accomplished
through one of the following:
(a)
An offer of dedication to the Township. The
Township shall not be obligated to accept dedication of the common
open space.
(b)
With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer ownership of
the common open space, or a portion thereof, to a private, nonprofit
organization among whose purposes is the preservation of open space
land and/or natural resources. The organization shall be a bona fide
conservation organization with a perpetual existence, the conveyance
must contain appropriate provision for reverter or retransfer if the
organization is unable to maintain the land, and the organization
must enter into a maintenance agreement with the Township.
(c)
The developer shall provide for and establish
an organization for the ownership and maintenance of the common open
space which shall be generally consistent with the requirements for
unit owners; associations found in the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization
is created, the agreements of sale and deeds for all lots shall contain
the following requirements in language acceptable to the Township
Solicitor:
[1]
Such organization shall not dispose of the common
open space by sale or otherwise except to the Township, unless the
Township has given prior written approval. Such transfer shall be
made only to another organization which shall maintain the common
open space in accordance with this chapter.
[2]
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
[3]
The Township may require the establishment of
a reserve fund to provide for maintenance of, or capital improvements
to, the common open space.
M.
Streets, sidewalks and alleys. Within the Village
Overlay Zone, the following design standards shall be applied to streets,
sidewalks and alleys:
(1)
The following table lists required street, sidewalk
and alley widths:
|
Functional Street Classification
|
Number of Travel Lanes
|
Number of Parallel Parking Lanes
|
Minimum Required Cartway Width
(feet)
|
Minimum Required Sidewalk and
Related Planting Strip Width
(feet)
|
Minimum Required R.O.W. Width
(feet)
| |
|---|---|---|---|---|---|---|
|
Arterial or collector
|
2
|
2
|
40
|
20
|
60
| |
|
Local
|
2
|
2
|
36
|
20
|
56
| |
|
Local
|
2
|
1
|
28
|
20
|
48
| |
|
N/A
|
2-way alleys
|
02
|
16
|
0
|
16
| |
|
N/A
|
1-way alleys
|
02
|
11
|
0
|
11
| |
|
N/A
|
1-way access drives
|
0
|
9
|
0
|
9
| |
|
N/A
|
2-way access drives
|
0
|
18
|
0
|
18
| |
|
N/A
|
Joint use driveway
|
0
|
16
|
0
|
16
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Sidewalks shall be provided in accordance with § 340-23M(4) of this section.
| |
|
2
|
No parking shall be permitted within
alleys.
| |
(2)
Where practicable, the design of streets, alleys and
sidewalks should provide for through traffic and pedestrian movements,
and should interconnect with existing nearby streets, alleys and sidewalks.
The use of cul-de-sac streets and alleys is forbidden, unless accompanied
by plans of future adjacent street connections.
(3)
All public streets that connect with existing arterial
or collector roads (as depicted on the Official Zoning Map[2]) provide access to commercial uses, and/or act as collector roads within the proposed development, shall be designed with a minimum center line turning radius of 150 feet. All other roads shall be designed with a minimum center line turning radius of 80 feet. All intersections of driveways, joint-use driveways, access drives and/or streets shall provide a clear sight triangle in accordance with § 340-33 of this chapter.
[2]
Editor's Note: The Zoning Map is on file in
the Township offices.
(4)
Both sides of all public streets shall be lined with
five-foot-wide sidewalks, and five-foot-wide sidewalk planting strips;
however, where sidewalks directly abut on street parking spaces fronting
commercial uses, such sidewalks shall be at least eight feet wide.
Sidewalks and sidewalk planting strips should weave beside, and in-and-out
of, one another. At driveway, access drive and street intersections,
all sidewalks shall include aprons for access by handicapped persons
according to standards contained within the latest version of the
Pennsylvania Universal Accessibility Standards. Sidewalk planting
strips shall stop no less than 20 feet from the curbline of an intersecting
street; in these areas, ten-foot-wide sidewalks shall be provided.
In addition, sidewalk planting strips can be replaced with ten-foot-wide
sidewalks at locations of passive pedestrian nodes (e.g., benches,
fountains, public transit stops and access points of public uses and
parks). One shade tree shall be provided every 50 feet, or fraction
thereof, of linear sidewalk planting strip.
N.
Public utility and service requirements. All proposals
within the Village Overlay Zone must comply with the following:
(1)
Both public sewer and public water shall be used throughout
the development.
(2)
Where practicable, the retention and regenerative
percolation of stormwater runoff shall be located within common passive
open spaces.
(3)
All utility lines shall be located underground and
within public streets, alleys or other public rights-of-way. Any required
utility structures, buildings, pump stations, transformers or other
similar devices shall be screened from adjoining properties and roads.
(4)
All public streets shall be provided on one, or both,
side(s) with streetlights. Such streetlights shall be placed every
100 lineal feet and shall be of such design and light intensity to
complement the development's architecture.
(5)
Bus stops shall be placed at appropriate location(s)
along major roads serving the proposed development. Their distribution
shall be such that no residence within the development shall be situated
more than 1,000 feet from its bus stop. Furthermore, the selection
of bus stops shall be logically connected with any existing bus routes.
Bus stops shall consist of a minimum pedestrian node consisting of
one ten-foot by twenty-foot sidewalk section, one permanently anchored
park bench and a shade tree. Such bus stops shall be provided, even
if existing bus routes do not currently serve the area.
(6)
Applicants are required to obtain a letter from the
fire chief of the company that would provide first-call service to
the proposed development. Such letter should describe any foreseeable
problems regarding fire protection for the proposed development. Particular
attention should focus upon the location of fire hydrants and street
turning radii.
O.
Subsequent revisions within the Village Overlay Zone.
(1)
Except as provided in Subsections O(2) and (3), any change proposed within a previously approved Village Overlay Zone will require the obtainment of a conditional use according to the procedures and standards listed in § 340-131 of this chapter. The evaluation of such conditional use will be based upon its compliance with the specific requirements of § 340-23 and other applicable provisions of this chapter, as well as any conditions of approval attached to the original approval.
(2)
Minor revisions of existing uses which were previously
approved as part of a Village Overlay Zone are permitted by right,
if they:
(a)
Do not violate any design standards specifically
imposed upon the proposed use and its site.
(b)
Do not change any principal use.
(c)
Do not violate any of the standards imposed
upon the entire development.
(d)
Do not violate any conditions attached to the
original approval of the Village Overlay Zone.
(e)
Do not adversely affect the architecture of
the approved existing development.
P.
Modifications of design standards. The Board of Supervisors
may, by conditional use approval, permit the modification of the design
standards in order to encourage the use of innovative design. A developer
desiring to obtain such conditional use approval shall, when making
application for conditional use approval for village development,
as required by this section, also make application for conditional
use approval under this section. The Board of Supervisors shall consider
both conditional use approval requests simultaneously. Any conditional
use to permit a modification of the design standards shall be subject
to the following standards:
(1)
Such modifications of design standards better serve the intended purposes of this zone, as expressed in Subsection A of this section.
(2)
Such modifications of design standards would not result
in adverse impact to adjoining properties, nor future inhabitants
within the Village Overlay Zone development.
(3)
Such modifications will not result in an increase
in residential densities permitted for the site.
