A.
For the purpose of this chapter, West Lampeter Township
is hereby divided into the following zoning districts, with the following
abbreviations:
A
|
Agricultural
| |
OSR
|
Residential - Open Space
| |
RR
|
Residential - Rural
| |
R-1
|
Residential - Low Density
| |
R-2
|
Residential - Medium Density
| |
R-3
|
Residential - Medium High Density
| |
RV
|
Residential - Village
| |
MS
|
Main Street
| |
MSL
|
Main Street Limited
| |
CN
|
Commercial - Neighborhood
| |
CH
|
Commercial - Highway
| |
OTR
|
Office/Technology/Residential
| |
I/M
|
Industrial/Mixed Use
|
B.
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map.
C.
Overlay districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.
D.
Purposes of each district. In addition to serving
the overall purposes and objectives of this chapter and the Comprehensive
Plan, each zoning district is intended to serve the following purposes:
(1)
A Agricultural. To promote the continuation and preservation
of agricultural activities in those areas most suitable for such activities.
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. Additionally, large-scale and obtrusive
uses are permitted by conditional use, to separate them from the Township's
population concentrations. Finally, it is the intent of this zone
to limit 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.
(2)
OSR Open Space Residential District. To provide for
development with a low average intensity in areas that include significant
important natural features, such as wetlands, creeks, flood-prone
lands and steeply sloped areas. To protect the water quality and habitats
along creeks and around lakes and promote groundwater recharge. To
provide incentives and a certain amount of flexibility in lot layout
through conservation-oriented development so that development can
be clustered on the most suitable portions of a tract of land while
avoiding overly intense development.
(3)
RR Rural Residential District. To provide for rural
types of development at a lower overall density in a manner that protects
creeks and other natural features. To avoid conflicts with nearby
agricultural areas and recognize sewage limitations.
(4)
R-1 Low Density Residential District. To provide for
low density residential neighborhoods that are primarily composed
of single-family detached dwellings. To protect these areas from incompatible
uses. To provide incentives and a certain amount of flexibility in
lot layout through the neighborhood design option so that development
can be clustered on the most suitable portions of a tract of land
while still avoiding overly intense development.
(5)
R-2 Medium Density Residential District. To provide
for medium density residential neighborhoods with a mix of housing
types at a medium density. To protect these areas from incompatible
uses. To meet requirements of state law to provide opportunities for
various housing types.
(6)
R-3 Medium High Density Residential District. To provide
opportunities for a mix of housing types at a medium high density.
(7)
RV Residential-Village District. To provide for a
mix of housing types in a manner that promotes a pedestrian- and bicycle-friendly
environment. To promote use of the neighborhood design option.
(8)
MS Main Street District. To provide business opportunities
while seeking to develop a central community focus for the Township.
To promote a pedestrian-friendly and bicycle-friendly environment.
To promote an appropriate mix of retail, service, office, public,
institutional and residential uses. To avoid heavy commercial uses
that are most likely to conflict with the historic and scenic character
and most likely to cause conflicts with homes. To primarily provide
for smaller-scale uses that will not be obtrusive in the landscape
and that will not overload the road system. To carefully locate commercial
areas and commercial driveways to minimize traffic safety and congestion
problems along roads.
(9)
MSL Main Street Limited District. To provide for the preservation
of existing architecturally significant structures within an area
impacted by adjoining roads and businesses. Limited business opportunities
in this District provide for smaller-scale uses that will not be obtrusive
to the neighborhood and existing streetscape, will promote a mix of
compatible uses, and will promote adaptive reuse of existing structures.
Bonus incentives are provided to encourage adaptive reuse of converted
structures, rather than the construction of new commercial buildings.
[Amended 9-9-2013 by Ord. No. 232]
(10)
CN Neighborhood Commercial District. To provide
for lighter types of commercial uses that will be compatible with
nearby homes.
(11)
CH Highway Commercial District. To provide for
a variety of commercial uses along major highways where a variety
of commercial uses are already present. To provide for a wider range
of commercial uses than the CN and MS Districts, including uses that
are more auto-related (such as gas stations). To carefully locate
commercial areas and commercial driveways to minimize traffic safety
and congestion problems along roads.
(12)
I/M Industrial/Mixed Use District. To provide
for industrial and certain types of commercial development in a manner
that is compatible with any nearby homes and the surrounding environment.
To carefully control the types of industrial operations to avoid nuisances
and environmental hazards. To encourage coordinated development, particularly
in regard to traffic access. To recognize that the road system of
the Township is only suitable for types of industries that do not
generate large numbers of heavy truck traffic. To recognize that West
Lampeter is not suitable for large areas of industrial development
because of the proximity of all areas of the Township to homes and
creeks. To offer alternatives for other types of development, such
as residential development, provided that it occurs in a unified manner.
(13)
OTR Office/Technology/Residential District.
To provide sufficient space, in appropriate locations, to meet needs
for offices and complementary types of business development. This
district is intended to control the types and intensities of uses
to avoid nuisances and hazards. This district is also intended to
provide for development that will generate additional tax revenue
and wider employment opportunities. This district promotes an attractive,
well landscaped, campus type of business park development that will
aid in attracting new businesses. This district is also intended to
encourage development that uses deed restrictions imposed by the subdivider
as well as interior road systems. This district promotes landscaped
front yards and substantial buffers adjacent to residential development
to attract higher paying jobs to the Township. To also allow a portion
of a tract of land to be used for the Neighborhood Design Option,
to encourage appropriate mixed uses.
A.
The regulations set by this chapter shall apply uniformly
to each class or kind of structure or land, except as provided for
in this chapter.
B.
No structure shall hereafter be erected, used, constructed,
reconstructed, structurally altered or occupied and no land shall
hereafter be used, developed or occupied unless it is in conformity
with the regulations herein specified for the use and district in
which it is located.
C.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
D.
Boundary change. Any territory which may hereafter
become part of the Township through annexation or a boundary adjustment
shall be classified as the OSR Zoning District of West Lampeter Township
until or unless such territory is otherwise classified by the Board
of Supervisors.
A.
A map entitled "West Lampeter Township Zoning Map"
accompanies this chapter and is declared a part of this chapter. The
Official Zoning Map, which should bear the adoption date of this chapter
and the words "Official Zoning Map," shall be retained in the Township
Building.
B.
Map changes. Changes to the boundaries and districts
of the Official Zoning Map shall only be made in conformity with the
amendment procedures specified in the State Municipalities Planning
Code. All changes should be noted by date with a brief description
of the nature of the change either on the Map or within an appendix
to this chapter.
C.
Replacement map. If the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of changes
and additions, or needs to have drafting errors or omissions corrected,
Township Supervisors may, by resolution, adopt a new copy of the Official
Zoning Map, which shall supersede the prior Official Zoning Map. Unless
the prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved together with
all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty
exists as to boundaries of any district as shown on the Zoning Map.
A.
District boundary lines are intended to follow or
be parallel to the center line of street rights-of-way, streams and
railroads, and lot lines as they existed on a recorded deed or plan
of record in the County Recorder of Deeds' office at the time of the
adoption of this chapter, unless such district boundary lines are
fixed by dimensions as shown on the Official Zoning Map.
B.
Where a district boundary is not fixed by dimensions
and where it approximately follows lot lines, such boundary shall
be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary on unsubdivided
land or where a district boundary divides a lot shall be determined
by the use of the scale appearing on the Zoning Map unless indicated
otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum
lot area shall be regulated by the municipality in which the principal
use(s) are located, unless otherwise provided by applicable case law.
The land area within each municipality shall be regulated by the use
regulations and other applicable regulations of each municipality.
A.
Intent. To continue the objective of compatible land
uses across municipal boundaries.
B.
This chapter requires additional setbacks and the
provision of buffer yards when certain uses would abut an existing
dwelling or a residential zoning district. These same additional setback
and buffer yard provisions shall be provided by uses proposed within
West Lampeter Township regardless of whether such abutting existing
dwelling or principally residential zoning district is located in
an abutting municipality and/or in West Lampeter Township.
A.
For the purposes of this § 285-26, the following abbreviations shall have the following meanings in the Table of Allowed Uses, which follows:
P
|
=
|
Permitted by right use (zoning decision by Zoning
Officer)
| |
SE
|
=
|
Special exception use (zoning decision by Zoning
Hearing Board)
| |
C
|
=
|
Conditional use (zoning decision by Board of
Supervisors)
| |
N
|
=
|
Not permitted
| |
(§ 285-42)
|
=
|
See additional requirements in § 285-42
| |
(§ 285-43)
|
=
|
See additional requirements in § 285-43
|
B.
Unless otherwise provided by state or federal law or specifically stated in this chapter (including § 285-5B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
(1)
See § 285-5B, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 285-5B, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table[1] is prohibited in that district.
[1]
Editor's Note: The Table of Allowed Uses is
included on the following pages.
(2)
For temporary uses, see § 285-3.
TABLE OF ALLOWED USES
Uses in Primarily Agricultural
or Residential Zoning Districts
| |||||||||
---|---|---|---|---|---|---|---|---|---|
TYPES OF USES
|
ZONING DISTRICTS
| ||||||||
(See definitions in Article II)
|
OSR
|
RR
|
R-1
|
R-2
|
R-3
|
RV
|
A
| ||
a.
|
RESIDENTIAL USES
| ||||||||
Single-Family Detached Dwelling:
| |||||||||
—
|
Involving 10 or more total acres or
20 or more new dwelling units
|
C
|
C
|
C
|
C
|
C
|
C
|
N
| |
—
|
Other than above
|
P
|
P
|
P
|
P
|
P
|
P
|
P3
| |
(Note: Manufactured/mobile homes shall also meet the additional requirements of § 285-42)
| |||||||||
(See also the Age-Restricted Residential Development Option which allows a bonus under § 285-36
| |||||||||
Neighborhood Design Option in compliance with § 285-34
|
N
|
N
|
C
|
C
|
C
|
C
|
N
| ||
Open Space Development Option in compliance with § 285-31
|
C
|
C
|
N
|
N
|
N
|
N
|
N
| ||
Twin Dwelling (side by side):[Amended 12-10-2007 by Ord. No. 202; 9-9-2013 by Ord. No. 232]
| |||||||||
—
|
Involving 10 or more total acres or
20 or more dwelling units
|
N
|
N
|
N1
|
N1
|
C
|
C
|
N
| |
—
|
Involving more than 2 dwelling units
but less than 20 dwelling units on less than 10 total acres
|
N
|
N
|
N1
|
N1
|
P
|
C
|
N
| |
—
|
Involving 2 dwelling units or less
|
N
|
N
|
N1
|
N1
|
P
|
C
|
N
| |
Townhouse (Rowhouse) (§ 285-42):[Amended 12-10-2007 by Ord. No. 202; 9-9-2013 by Ord. No. 232]
| |||||||||
—
|
Involving 10 or more total acres or
20 or more dwelling units
|
N
|
N
|
N1
|
N1
|
C
|
C
|
N
| |
—
|
Other than above
|
N
|
N
|
N1
|
N1
|
P
|
C
|
N
| |
Multifamily Dwellings (§ 285-42) involving 10 or more total acres or 20 or more dwelling units, not including conversions of an existing building: [Amended 12-10-2007
by Ord. No. 202]
| |||||||||
—
|
Only two dwelling units in a building
("Duplex")
|
N
|
N
|
N
|
N1
|
C
|
N1
|
N
| |
—
|
Three or more dwelling units in a building
|
N
|
N
|
N
|
N1
|
C
|
N1
|
N
| |
Manufactured/Mobile Home Park (§ 285-42)
|
N
|
N
|
N
|
N
|
C
|
N
|
N
| ||
Boardinghouse (includes Rooming House) (§ 285-42)
|
N
|
N
|
N
|
N
|
SE
|
N
|
N
| ||
Group Home within a lawful existing dwelling unit (§ 285-42), not including a Treatment Center
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Conversion of an existing building
to result in an increased number of dwelling units (See also "Unit
for Care of Relative" under Accessory Uses)
|
N
|
N
|
N
|
N
|
SE
|
N
|
N
| ||
b.
|
COMMERCIAL USES2 [Amended 9-9-2013 by Ord. No. 232]
| ||||||||
See also "Medical Residential Campus"
under "Institutional Uses," which allows a mix of certain residential
and nonresidential uses
| |||||||||
Bed-and-Breakfast Inn (§ 285-42)
|
SE
|
N2
|
N2
|
N2
|
N2
|
SE2
|
SE
| ||
Camp (§ 285-42), not including Recreational Vehicle Campground
|
C
|
C
|
N
|
N
|
N
|
N
|
N
| ||
Communications Tower/Antennas, Commercial (§ 285-42):
| |||||||||
—
|
Meeting § 285-42A(15)(a) pertaining to antenna placed on certain existing structures
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
—
|
Antenna/tower that does not meet § 285-42A(15)(a) (such as freestanding towers)
|
N
|
N
|
N
|
N
|
N
|
N
|
C
| |
Farm service business [Added 4-13-2020 by Ord. No. 259]
|
N
|
N
|
N
|
N
|
N
|
N
|
C
| ||
Golf Course (§ 285-42), with up to 9 holes and minimum lot area of 25 acres [Amended 11-13-2017
by Ord. No. 247]
|
P
|
P
|
P
|
P
|
P
|
P
|
N
| ||
Kennel (§ 285-42)
|
N
|
N
|
N
|
N
|
N
|
N
|
P
| ||
Plant Nursery or Tree Farm, with any
on-site retail sales limited to trees and shrubs primarily grown on
the premises, and with a 5% maximum building coverage and a two-acre
minimum lot area
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Retreat Center (§ 285-42)
|
SE
|
SE
|
N
|
N
|
N
|
N
|
N
| ||
c.
|
INSTITUTIONAL/SEMIPUBLIC USES
| ||||||||
Cemetery (not including crematorium) (§ 285-42)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Church: See "Place of Worship" below
| |||||||||
College or University - educational
and support buildings
|
N
|
N
|
N
|
N
|
N
|
C
|
N
| ||
Community Recreation Center or Library[Amended 12-10-2007 by Ord. No. 202]
|
P
|
N
|
P
|
P
|
P
|
P
|
N
| ||
Cultural Center or Museum
|
SE
|
N
|
N
|
N
|
N
|
SE
|
SE
| ||
Day-Care Center, Adult (§ 285-42)
|
N
|
N
|
N
|
N
|
N
|
SE
|
N
| ||
Day-Care Center, Child (§ 285-42) (See also as an accessory use)
|
N
|
N
|
N
|
N
|
N
|
SE
|
N
| ||
Emergency Services Station (§ 285-42)
|
SE
|
N
|
N
|
SE
|
SE
|
SE
|
N
| ||
Hunting and Fishing Club, with a 5% maximum building coverage in a residential district. This term shall not include uses listed separately in this § 285-26.
|
P
|
N
|
N
|
N
|
N
|
SE
|
SE
| ||
Maintenance Facilities for Residential
Community Associations, which shall be required to be separated by
landscaped screening from any dwellings
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Medical Residential Campus (§ 285-42)
|
N
|
N
|
N4
|
N
|
C
|
N
|
N
| ||
Membership Club meeting and noncommercial recreational facilities, provided that an After-Hours Club, Tavern or uses listed separately in this § 285-26 shall only be allowed if so listed in this table and if the requirements for that use are also met.
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Nursing Home or Personal Care Home/Assisted Living (§ 285-42)
|
N
|
N
|
N
|
P
|
P
|
SE
|
N
| ||
Place of Worship (§ 285-42)
(includes "Church")
|
N
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE5
| ||
School, Public or Private, Primary or Secondary (§ 285-42):
| |||||||||
—
|
Serving fewer than 50 students at one
time
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
—
|
Serving 50 or more students at one
time
|
N
|
C
|
C
|
C
|
C
|
C
|
N6
| |
d.
|
PUBLIC/SEMIPUBLIC
| ||||||||
Township Government Uses, other than uses listed separately in this § 285-26
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Government Facility, other than uses listed separately in this § 285-26
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Publicly Owned or Operated Recreation
Park
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
SE7
|
SE7
|
SE7
|
SE7
|
SE7
|
SE7
|
SE7
| |||
Swimming Pool, Nonhousehold (§ 285-42)
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
N
| ||
U.S. Postal Service Facility, which
may include a leased facility
|
N
|
N
|
N
|
N
|
N
|
P
|
N
| ||
e.
|
ACCESSORY USES
| ||||||||
See list of additional permitted uses in § 285-26C, such as "Residential Accessory Structure or Use"
| |||||||||
See additional requirements in § 285-43 for Specific Accessory Uses
| |||||||||
Accessory Dwelling Unit (§ 285-43) [Added 5-9-2011 by Ord. No. 222]
|
P
|
PP
|
p
|
p
|
P
|
P
|
P7-1
| ||
Bees, Keeping of (§ 285-43)
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Bus Shelters for local bus service (§ 285-43)
|
N
|
N
|
P
|
P
|
P
|
P
|
N
| ||
Composting, other than leaves or materials generated on site (§ 285-43)
|
SE
|
SE
|
N
|
N
|
N
|
N
|
SE
| ||
Day-Care Center accessory to and on
the same lot as an existing lawful Place of Worship
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Day Care (§ 285-43) as accessory to a dwelling:
| |||||||||
—
|
Day care of a maximum of 3 adults or
youth, in addition to "relatives" of the caregiver
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
—
|
Group Day-Care Home
|
N
|
N
|
N
|
N
|
SE
|
SE
|
SE
| |
—
|
Family Day-Care Home
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
| |
Farm-Related Business (§ 285-43) 8
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Accessory Office (§ 285-43), other than Home Occupation
|
N
|
N
|
N
|
N
|
N
|
SE
|
N
| ||
Home Occupation, General (§ 285-43)
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Home Occupation, Light (§ 285-43)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Retail Sales of Agricultural Products (§ 285-43)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Stable, Household (§ 285-43)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Temporary Retail Sales - shall only occur if allowed by § 285-3G.
| |||||||||
Unit for Care of Relative (§ 285-43), except special exception approval shall be required if a new detached building will be constructed or placed on the lot.
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
f.
|
MISCELLANEOUS USES
| ||||||||
Agricultural Education Facility, which
may involve accessory sales of agricultural products, agricultural
demonstrations, and teaching of agricultural methods, but with residential
uses limited to a maximum of one dwelling unit on the lot
|
N
|
N
|
N
|
N
|
N
|
N
|
P
| ||
Crop Farming and Wholesale Greenhouses
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Forestry - see Timber Harvesting below
| |||||||||
Groundwater or Spring Water Withdrawal, averaging more than 10,000 gallons per day removed from a tract for off-site consumption (§ 285-42) (Not including on-site beverage bottling)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
| ||
Nature Preserve or Environmental Education
Center, with a ten-acre minimum lot area for any use involving a principal
building
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Parking Lot for carpooling
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Parking Lot as the Principal Use of
a Lot
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| ||
Livestock or Poultry, Raising of (§ 285-42)
| |||||||||
—
|
Not intensive
|
P
|
P
|
SE
|
SE
|
SE
|
SE
|
P
| |
—
|
Intensive
|
N
|
SE
|
SE
|
SE
|
SE
|
SE
|
P
| |
Sewage Sludge/Biosolids, Land Application of (§ 285-43)
|
SE
|
SE
|
N
|
N
|
N
|
N
|
SE
| ||
Sewage Treatment Plant
|
C
|
C
|
C
|
C
|
C
|
C
|
C
| ||
P
|
P
|
SE
|
SE
|
SE
|
SE
|
P
| |||
Timber Harvesting (§ 285-42)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Warehousing and Storage as a Principal Use (see § 285-35H) [Added 12-10-2007 by Ord. No.
202]
|
N
|
N
|
N
|
N
|
N
|
N
|
SE
| ||
Windmills, which shall be required
to have a setback equal to the total height from all lot lines, except
that, if placed above a building, only the height of the pole and
windmill needs to be set back from lot lines:
| |||||||||
—
|
Maximum of 1 Windmill per lot
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
—
|
2 or more Windmills per lot
|
N
|
N
|
N
|
N
|
N
|
N
|
C
| |
All uses that will be unable to comply with the performance standards of this ordinance. See the "Environmental Protection" requirements of Article V
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
1
|
=
|
Except as may be allowed under the Neighborhood Design Option under § 285-34.
|
2
|
=
|
In addition, certain uses are allowed as a special exception within an historic building under § 285-37.
|
3
|
=
|
Additional requirements apply under § 285-35.
|
4
|
=
|
Also, a Medical Residential Campus shall be allowed as a conditional use on a tract within the R-1 District that directly abuts the R-3 District. See additional requirements for the R-1 District in § 285-42.
|
5
|
=
|
See maximum lot size in A District in § 285-42.
|
6
|
=
|
Shall be an allowed conditional use
on a lot that is adjacent to a RV or R-3 Zoning District.
|
7
|
=
|
Special exception approval is not needed
for water and sewage facilities if they are approved as part of a
conditional use approval of a development.
|
7-1
|
=
|
Certain accessory dwelling units require conditional use approval as set forth in § 285-43D(20).
|
8
|
=
|
See standards in § 285-43. Some Farm-Related Businesses are permitted by right.
|
P
|
=
|
Permitted by use right (zoning decision
by Zoning Officer).
|
SE
|
=
|
Special exception use (zoning decision
by Zoning Hearing Board).
|
C
|
=
|
Conditional use (zoning decision by
Board of Supervisors).
|
N
|
=
|
Not permitted.
|
(§ 285-42)
|
=
|
See additional requirements in § 285-42.
|
(§ 285-43)
|
=
|
See additional requirements in § 285-43.
|
TABLE OF ALLOWED USES
Uses in Primarily Business Zoning
Districts
| |||||||
---|---|---|---|---|---|---|---|
TYPES OF USES
|
ZONING DISTRICTS
| ||||||
(See definitions in Article II)
|
MS & MSL3
|
CN
|
CH
|
I/M5
|
OTR4
| ||
a.
|
RESIDENTIAL USES
| ||||||
Single-Family Detached Dwelling (Note: Manufactured/mobile homes shall meet the additional requirements of § 285-42)
|
P
|
N
|
N
|
N2
|
N2
| ||
(See also the Age-Restricted Residential Development optional bonus under § 285-36, with a ten-acre minimum tract size)
| |||||||
Neighborhood Design Option meeting § 285-34 (Note: This typically allows a higher density and smaller lot sizes, and may allow various types of housing)
|
N
|
N
|
N
|
C
|
N
| ||
Twin Dwelling (side-by-side)
|
P
|
N
|
N
|
N2
|
N2
| ||
Townhouse (Rowhouse) (§ 285-42) [Amended 9-9-2013 by Ord. No. 232]
|
P11
|
N
|
N
|
N2
|
N2
| ||
Multifamily Dwellings (§ 285-42), other than conversions of an existing building
|
P1
|
P1
|
N
|
N2
|
N2
| ||
Manufactured/Mobile Home Park (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Medical Residential Campus - See "Institutional
Uses" below
| |||||||
Boardinghouse (includes Rooming House) (§ 285-42)
|
N
|
N
|
SE
|
N
|
N
| ||
Group Home within a lawful existing dwelling unit (§ 285-42), not including a Treatment Center
|
P
|
P
|
P
|
P
|
N
| ||
Conversion of an existing building (§ 285-42) to result in an increased number of dwelling units (see also "Unit for Care of Relative" under Accessory Uses)[Amended 9-9-2013 by Ord. No. 232]
|
P
|
SE
|
SE
|
N
|
N
| ||
b.
|
COMMERCIAL USES
| ||||||
Adult Use (§ 285-42)
|
N
|
N
|
N
|
SE
|
N
| ||
After-Hours Club (Note: This use is
effectively prohibited by State Act 219 of 1990)
|
N
|
N
|
N
|
N
|
N
| ||
Airport (§ 285-42) (see also "Heliport")
|
N
|
N
|
N
|
C
|
N
| ||
Amusement Arcade
|
N
|
P
|
P
|
N
|
P
| ||
Amusement Park or Water Park
|
N
|
P
|
P
|
N
|
P
| ||
Animal Cemetery (§ 285-42)
|
N
|
P
|
P
|
P
|
P
| ||
Auditorium (Commercial), Arena, Performing
Arts Center or Exhibition-Trade Show Center
|
N
|
SE
|
P
|
P
|
P
| ||
Auto Repair Garage or Auto Service Station (§ 285-42) [Amended 12-8-2008 by Ord. No.
210]
|
C10
|
N
|
SE
|
N
|
SE
| ||
Auto, Boat or Mobile/Manufactured Home Sales (§ 285-42) (other than tractor-trailer and trailer sales)
|
N
|
N
|
P
|
N
|
P
| ||
Bakery, Retail
|
P
|
P
|
P
|
P
|
P
| ||
Bed-and-Breakfast Inn (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
Betting Use, in compliance with state
law
|
N
|
N
|
N
|
SE
|
N
| ||
Beverage Distributor (wholesale and/or
retail) [Amended 9-9-2013 by Ord. No. 232]
|
SE7
|
SE
|
P
|
P
|
P
| ||
Bus Maintenance or Storage Yard
|
N
|
N
|
P
|
P
|
P
| ||
Bus Stop (other than maintenance or
storage yard)
|
P
|
P
|
P
|
P
|
P
| ||
Camp (§ 285-42), other than Recreational Vehicle Campground
|
N
|
SE
|
P
|
P
|
P
| ||
Campground, Recreational Vehicle (§ 285-42), which may include an accessory camp store that is primarily for use by campers
|
N
|
N
|
SE
|
SE
|
SE
| ||
Car Wash (§ 285-42)
|
N
|
N
|
P
|
N
|
P
| ||
Catering, Custom, for off-site consumption
|
P
|
P
|
P
|
P
|
P
| ||
Communications Tower/Antenna, Commercial (§ 285-42):
| |||||||
—
|
Meeting § 285-42A(15)(a) pertaining to antenna placed on certain existing structures
|
P
|
P
|
P
|
P
|
P
| |
—
|
Antenna/tower that does not meet § 285-42A(15)(a) (such as freestanding towers)
|
N
|
N
|
SE
|
SE
|
SE
| |
—
|
Note: § 285-42A(15) also allows towers serving emergency services stations
| ||||||
Conference Center [Amended 9-9-2013
by Ord. No. 232]
|
P11
|
P
|
P
|
P
|
P
| ||
Construction Company or Tradesperson's Headquarters (including but not limited to landscaping, building trades or janitorial contractor). See also as Home Occupation. Accessory outdoor storage shall also meet § 285-65
|
SE6
|
P
|
P
|
P
|
SE6
| ||
Crafts or Artisan's Studio (see also
as Home Occupation)
|
P
|
P
|
P
|
P
|
P
| ||
Custom Printing, Copying, Faxing, Mailing
or Courier Service
|
P
|
P
|
P
|
P
|
P
| ||
Exercise Club [Amended 9-9-2013
by Ord. No. 232]
|
P7
|
P
|
P
|
P
|
P
| ||
P
|
P
|
P
|
P
|
P
| |||
Flea Market/Auction House
|
P7
|
N
|
P
|
P
|
P
| ||
Funeral Home (§ 285-42)
|
SE
|
P
|
P
|
P
|
P
| ||
Garden Center, Retail (see also "Wholesale
Greenhouses") [Amended 9-9-2013 by Ord. No. 232]
|
P7
|
P
|
P
|
P
|
P
| ||
Gas Station - See "Auto Service Station"
| |||||||
Golf Course (§ 285-42), with a minimum lot area of 25 acres
|
P
|
P
|
P
|
P
|
P
| ||
Heliport (§ 285-42)
|
N
|
N
|
N
|
SE
|
N
| ||
Horseriding Academy - See "Stable"
under Miscellaneous Uses
| |||||||
Hotel or Motel (§ 285-42), which may include condominium or time-share units, provided that no person may occupy the lot for more than 90 days in any calendar year except a full-time on-site manager [Amended 9-9-2013 by Ord.
No. 232]
|
P11
|
P
|
P
|
P
|
P
| ||
Kennel (§ 285-42)
|
N
|
N
|
SE
|
SE
|
SE
| ||
Laundromat
|
P7
|
P
|
P
|
P
|
P
| ||
Laundry, Commercial or Industrial
|
N
|
N
|
P
|
P
|
P
| ||
Lumber Yard
|
N
|
N
|
P
|
P
|
P
| ||
Medical Residential Campus - See under
Institutional Uses below.
| |||||||
Motor Vehicle Racetrack (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Nightclub (§ 285-42)
|
N
|
N
|
C
|
C
|
N
| ||
Office (may include medical labs, see
also Home Occupations)
|
P
|
P
|
P
|
P
|
P
| ||
Pawn Shop
|
N
|
N
|
P
|
N
|
N
| ||
Personal Services (includes tailoring,
custom dressmaking, haircutting/styling, dry cleaning, shoe repair,
"massage therapy, certified" and closely similar uses) (See also Home
Occupation)
|
P
|
P
|
P
|
P
|
P8
| ||
Picnic Grove, Private (§ 285-42)
|
SE
|
P
|
P
|
P
|
P
| ||
Plant Nursery (other than a Retail
Garden Center)
|
P
|
P
|
P
|
P
|
P
| ||
Propane, Retail Distributor, with a
maximum storage capacity of 100,000 cubic feet and a one-hundred-foot
minimum setback between any storage or dispensing facilities and any
residential district, and with fire company review
|
N
|
N
|
C
|
C
|
N
| ||
Recording Studio, Music
|
P
|
P
|
P
|
P
|
P
| ||
SE
|
SE
|
P
|
P
|
N
| |||
Recreation, Commercial Outdoor (including miniature golf course, golf driving range, archery, paintball and closely similar uses); other than uses listed separately in this § 285-26
|
N
|
SE
|
P
|
P
|
P
| ||
Repair Service, Household Appliance
|
P
|
P
|
P
|
P
|
P
| ||
Restaurant or Banquet Hall (§ 285-42):
| |||||||
—
|
With drive-through service (§ 285-43)
|
N
|
N
|
P
|
P
|
P
| |
—
|
Without drive-through service
|
P
|
P
|
P
|
P
|
P
| |
Retail Store (not including uses listed individually in this § 285-26) or Shopping Center:
|
P7
|
P9
|
P9
|
P9
|
P
| ||
—
|
Any drive-through service shall meet the requirements of § 285-43 for drive-through service and shall only be allowed in the CH District
| ||||||
Self-Storage Development
|
N
|
N
|
P
|
P
|
P
| ||
Target Range, Firearms:
| |||||||
—
|
Completely indoor and enclosed
|
N
|
P
|
P
|
P
|
P
| |
—
|
Other than above (§ 285-42)
|
N
|
N
|
N
|
SE
|
N
| |
Tattoo or Body Piercing Establishment
(other than temporary tattoos or ear piercing, which are personal
service uses)
|
N
|
N
|
P
|
N
|
P
| ||
Tavern, which may include a state-licensed
microbrewery, (not including an After-Hours Club or Nightclub)
|
N
|
N
|
SE
|
SE
|
N
| ||
Theater, Indoor Movie, other than an
Adult Use
|
N
|
P
|
P
|
P
|
P
| ||
Tractor-trailer, truck and trailer
of such combos, sales and rental of
|
N
|
N
|
N
|
SE
|
N
| ||
Trade/Hobby School
|
N
|
P
|
P
|
P
|
P
| ||
Veterinarian Office (§ 285-42)
|
N
|
P
|
P
|
P
|
P
| ||
Wholesale Sales - see under Industrial
Uses
| |||||||
c.
|
INSTITUTIONAL/SEMIPUBLIC USES
| ||||||
Cemetery (see "Crematorium," listed
separately)
|
P
|
P
|
P
|
P
|
P
| ||
Clubhouse for a Residential Community
Association
|
P
|
P
|
P
|
P
|
P
| ||
College or University - educational
and support buildings (other than environmental education center)
|
P
|
P
|
P
|
P
|
P
| ||
Community Recreation Center (limited
to a government-sponsored or nonprofit facility) or Library
|
P
|
P
|
P
|
P
|
P
| ||
Crematorium
|
N
|
N
|
SE
|
SE
|
N
| ||
Cultural Center or Museum
|
P
|
P
|
P
|
P
|
P
| ||
Day-Care Center, Adult (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
Day-Care Center, Child (§ 285-42) (See also as an accessory use)
|
P
|
P
|
P
|
P
|
P
| ||
Dormitory as accessory to a college,
university or primary or secondary school
|
N
|
N
|
SE
|
N
|
N
| ||
Emergency Services Station (§ 285-42)
|
P
|
SE
|
SE
|
SE
|
SE
| ||
Hospital or Surgery Center
|
SE
|
SE
|
P
|
P
|
P
| ||
Hunting and Fishing Club. This term shall not include uses listed separately in this § 285-26.
|
N
|
N
|
P
|
P
|
P
| ||
Maintenance Facilities for on-site
grounds maintenance, which shall be required to be separated by landscaped
screening from any dwellings
|
P
|
P
|
P
|
P
|
P
| ||
Medical Residential Campus (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Membership Club meeting and noncommercial recreational facilities, provided that an "After-Hours Club," "Tavern" or uses listed separately in this § 285-26 shall only be allowed if so listed in this table and if the requirements for that use are also met.
|
P
|
P
|
P
|
P
|
P
| ||
Nursing Home or Personal Care Home/Assisted Living (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
Place of Worship (§ 285-42) (includes "Church")
|
P
|
P
|
P
|
P
|
P
| ||
School, Public or Private, Primary or Secondary (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
Treatment Center (§ 285-42)
|
N
|
N
|
SE
|
SE
|
N
| ||
d.
|
PUBLIC/SEMIPUBLIC
| ||||||
Township Government Uses, other than uses listed separately in this § 285-26
|
P
|
P
|
P
|
P
|
P
| ||
Government Facility, other than uses listed separately in this § 285-26
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Prison or Similar Correctional Institution
|
N
|
N
|
N
|
SE
|
N
| ||
Publicly Owned or Operated Recreation
Park
|
P
|
P
|
P
|
P
|
P
| ||
SE
|
SE
|
SE
|
SE
|
SE
| |||
Swimming Pool, Nonhousehold (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
U.S. Postal Service Facility, which
may include a leased facility, with a maximum building floor area
of 50,000 square feet in the MS, MSL and NC Districts
|
P
|
P
|
P
|
P
|
P
| ||
e.
|
INDUSTRIAL USES
| ||||||
Asphalt Plant
|
N
|
N
|
N
|
SE
|
N
| ||
Assembly or Finishing of Products Using
Materials Produced Elsewhere (such as products from plastics manufactured
off site)
|
N
|
N
|
N
|
P
|
C
| ||
Building Supplies and Building Materials,
Wholesale Sales of
|
N
|
N
|
P
|
P
|
N
| ||
Distribution as a principal use (other
than Trucking Company Terminal)
|
N
|
N
|
N
|
SE
|
N
| ||
Industrial Equipment Sales, Rental
and Service, other than vehicles primarily intended to be operated
on public streets
|
N
|
N
|
P
|
P
|
N
| ||
Junk - outdoor storage, display or
processing of, other than within an approved junkyard or solid waste
disposal area
|
N
|
N
|
N
|
N
|
N
| ||
Junkyard (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Liquid Fuel Storage, Bulk, for off-site
distribution, other than: Auto service station, retail propane distributor
as listed separately, prepackaged sales or fuel tanks for company
vehicles
|
N
|
N
|
N
|
C
|
N
| ||
Manufacture and/or bulk processing
of the following, provided manufacturing occurs only indoors:
| |||||||
—
|
Agricultural Chemicals, Fertilizers
or Pesticides
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Apparel, Textiles, Shoes and Apparel
Accessories (see also Crafts Studio)
|
N
|
N
|
N
|
P
|
C
| |
—
|
Cement Manufacture
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Ceramics Products (other than Crafts
Studio)
|
N
|
N
|
N
|
P
|
N
| |
Manufacture and/or bulk processing
of the following, provided manufacturing occurs only indoors:
| |||||||
—
|
Chemicals, Manufacture or Bulk Processing
of Toxic or "Extremely Hazardous Substances" in amounts in excess
of the U.S. EPA Threshold Planning Quantity or substances with similar
characteristics
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Chemical Products, other than pharmaceuticals
and types listed separately (see above)
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Clay, Brick, Tile and Refractory Products
|
N
|
N
|
N
|
P
|
N
| |
—
|
Computers and Electronic and Microelectronic
Products
|
N
|
N
|
N
|
P
|
C
| |
—
|
Concrete, Cement, Lime and Gypsum Products,
other than actual manufacture of cement
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Electrical Equipment, Appliances and
Components
|
N
|
N
|
N
|
P
|
C
| |
—
|
Explosives, Fireworks or Ammunition
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Fabricated Metal Products (except Explosives,
Fireworks or Ammunition) and/or Machine Shops
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Food (Human) and Beverage Products, at an industrial scale as opposed to a clearly retail scale, including but not limited to processing, bottling and related trucking of water removed from a site (not including uses listed individually in this § 285-26)
|
N
|
N
|
P
|
P
|
C
| |
—
|
Food products for animals
|
N
|
N
|
N
|
P
|
N
| |
—
|
Gaskets
|
N
|
N
|
N
|
P
|
N
| |
—
|
Glass and Glass Products (other than
Crafts Studio)
|
N
|
N
|
N
|
P
|
N
| |
—
|
Incineration, Reduction, Distillation,
Storage or Dumping of Slaughterhouse Refuse, Rancid Fats, Garbage,
Dead Animals or Offal (other than within an approved solid waste facility)
|
N
|
N
|
N
|
N
|
N
| |
—
|
Jewelry and Silverware
|
N
|
N
|
N
|
P
|
C
| |
—
|
Leather and Allied Products (other
than Crafts Studio or Tannery)
|
N
|
N
|
N
|
P
|
C
| |
—
|
Machinery
|
N
|
N
|
N
|
P
|
N
| |
—
|
Manufactured or Modular Housing Manufacture
|
N
|
N
|
N
|
P
|
N
| |
—
|
Medical Equipment and Supplies
|
N
|
N
|
N
|
P
|
C
| |
—
|
Metal Products, Primary
|
N
|
N
|
N
|
SE
|
N
| |
Manufacture and/or bulk processing
of the following, provided manufacturing occurs only indoors:
| |||||||
—
|
Mineral Products, Nonmetallic (other
than mineral extraction)
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Paper and Paper Products (including
recycling, but not including manufacture of raw paper pulp)
|
N
|
N
|
N
|
P
|
C
| |
—
|
Paper - Raw Pulp
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Paving Materials, other than bulk manufacture
of asphalt
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Pharmaceuticals and Medicines
|
N
|
N
|
N
|
P
|
C
| |
—
|
Plastics, Polymers, Resins, Vinyl,
Coatings, Cleaning Compounds, Soaps, Adhesives, Sealants, Printing
Ink or Photographic Film
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Products from Previously Manufactured
Materials, such as glass, leather, plastics, cellophane, textiles,
rubber or synthetic rubber
|
N
|
N
|
N
|
P
|
C
| |
—
|
Prototypes, as accessory to a Research
and Development principal use
|
N
|
N
|
C
|
P
|
C
| |
—
|
Roofing Materials and Asphalt-Saturated
Materials or Natural or Synthetic Rubber
|
N
|
N
|
N
|
SE
|
N
| |
—
|
Scientific, Electronic and Other Precision
Instruments
|
N
|
N
|
N
|
P
|
C
| |
—
|
Sporting Goods, Toys, Games, Musical
Instruments or Signs
|
N
|
N
|
C
|
P
|
N
| |
—
|
Transportation Equipment
|
N
|
N
|
N
|
P
|
N
| |
—
|
Wood Products and Furniture (not including
raw paper pulp)
|
N
|
N
|
C
|
P
|
N
| |
—
|
See § 285-5 for uses that are not listed
| ||||||
Mineral Extraction (§ 285-42) and related processing, stockpiling and storage of materials removed from the site, but including groundwater or spring water withdrawals
|
N
|
N
|
C
|
C
|
N
| ||
Packaging
|
N
|
N
|
P
|
P
|
N
| ||
Package Delivery Services Distribution
Center
|
N
|
N
|
N
|
SE
|
N
| ||
Petroleum Refining
|
N
|
N
|
N
|
SE
|
N
| ||
Photo Processing, Bulk
|
N
|
P
|
P
|
P
|
N
| ||
Printing or Bookbinding
|
N
|
P
|
P
|
P
|
N
| ||
Recycling Center, Bulk Processing,
provided all operations of an industrial scale occur within an enclosed
building (this use does not include a solid waste disposal or transfer
facility)
|
N
|
N
|
C
|
P
|
N
| ||
Research and Development, Engineering
or Testing Facility or Laboratory (other than medical laboratories,
which is considered an Office Use)
|
N
|
N
|
P
|
P
|
C
| ||
Sawmill/Planing Mill
|
N
|
N
|
P
|
P
|
N
| ||
Slaughterhouse, Stockyard or Tannery,
with a four-hundred-foot minimum setback from all lot lines
|
N
|
N
|
N
|
SE
|
N
| ||
Solid Waste Landfill (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Solid Waste Transfer Facility or Waste-to-Energy Facility (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Trucking Company Terminal (§ 285-42)
|
N
|
N
|
N
|
C
|
N
| ||
Warehousing or Storage as a principal
use
|
N
|
N
|
N
|
P
|
N
| ||
Warehousing or Storage as an on-site
accessory use
|
N
|
P
|
P
|
P
|
P
| ||
Welding
|
N
|
N
|
P
|
P
|
N
| ||
Wholesale Sales (other than Motor Vehicles)
|
N
|
N
|
P
|
P
|
N
| ||
f.
|
ACCESSORY USES
| ||||||
See list of additional permitted uses in § 285-26C, such as "Residential Accessory Structure or Use"
| |||||||
See additional requirements in § 285-43 for specific accessory uses
| |||||||
Bees, Keeping of (§ 285-43)
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Bus Shelter (§ 285-43) to shelter persons waiting for a bus
|
P
|
P
|
P
|
P
|
P
| ||
Composting (§ 285-43), other than leaves, tree bark or materials generated on site which are permitted by right
|
N
|
N
|
SE
|
SE
|
N
| ||
Day-Care Center accessory to and on
the same lot as an existing lawful Place of Worship, with a minimum
lot area of two acres
|
P
|
P
|
P
|
P
|
N
| ||
Day Care (§ 285-43) as accessory to a dwelling:
| |||||||
—
|
Day care of a maximum of 3 adults or
youth, in addition to "relatives" of the caregiver
|
P
|
P
|
P
|
P
|
P
| |
—
|
Group Day-Care Home
|
SE
|
SE
|
SE
|
P
|
N
| |
—
|
Family Day-Care Home
|
SE
|
SE
|
P
|
P
|
N
| |
Farm-Related Business (§ 285-43)
|
N
|
P
|
P
|
P
|
SE
| ||
Home Occupation, General (§ 285-43)
|
SE
|
SE
|
SE
|
P
|
P
| ||
Home Occupation, Light (§ 285-43)
|
P
|
P
|
P
|
P
|
P
| ||
P
|
P
|
P
|
P
|
P
| |||
Parking Lot for carpooling (see also
Miscellaneous Uses below)
|
P
|
P
|
P
|
P
|
P
| ||
Retail Sales of Agricultural Products (§ 285-43)
|
P
|
P
|
P
|
P
|
P
| ||
Temporary Retail Sales (§ 285-3G)
|
P
|
P
|
P
|
P
|
N
| ||
Unit for Care of Relative (§ 285-43)
|
P
|
P
|
P
|
P
|
P
| ||
g.
|
MISCELLANEOUS USES
| ||||||
Crop Farming and Wholesale Greenhouses
|
P
|
P
|
P
|
P
|
P
| ||
Groundwater or Spring Water Withdrawal, averaging more than 10,000 gallons per day, removed from a tract for off-site consumption (§ 285-42) (See also requirements for food and beverage bottling and processing under Industrial Uses)
|
C
|
C
|
C
|
C
|
C
| ||
Nature Preserve or Environmental Education
Center, with a ten-acre minimum lot area for any use involving a principal
building
|
P
|
P
|
P
|
P
|
P
| ||
Parking Lot or Structure as an accessory
use
|
P
|
P
|
P
|
P
|
P
| ||
Parking Lot or Structure as a principal
use that does not primarily serve tractor-trailer trucks or trailers
|
P
|
P
|
P
|
P
|
P
| ||
Parking Lot or Structure as a principal
use that primarily serves tractor-trailer trucks or trailers
|
N
|
N
|
N
|
SE
|
N
| ||
Livestock or Poultry, Raising of (§ 285-42):
| |||||||
—
|
Intensive
|
SE
|
SE
|
SE
|
SE
|
SE
| |
—
|
Not intensive
|
SE
|
P
|
P
|
P
|
P
| |
Sewage Sludge/Biosolids, Land Application of (§ 285-43)
|
SE
|
SE
|
SE
|
SE
|
SE
| ||
Sewage Treatment Plant
|
C
|
C
|
C
|
C
|
C
| ||
Stable, Nonhousehold (§ 285-42; includes horse-riding academy)
|
N
|
SE
|
P
|
P
|
P
| ||
Timber Harvesting (§ 285-42)
|
P
|
P
|
P
|
P
|
P
| ||
Windmill, maximum of one per lot, which
shall be required to have a setback equal to the total height from
all lot lines of existing dwellings and residential districts, except
that if placed above a building, only the height of the pole and windmill
needs to be setback from lot lines
|
P
|
P
|
P
|
P
|
P
| ||
All uses that will be unable to comply with the performance standards of this chapter. See the "Environmental Protection" requirements of Article V
|
N
|
N
|
N
|
N
|
N
|
1
|
=
|
Multifamily dwellings shall be limited
to above a street level principal nonresidential use within a building
of less than 6,000 square feet of floor area and with each dwelling
unit having a minimum floor area of 750 square feet, and provided
there is a minimum of 4,000 square feet of lot area per dwelling unit.
|
2
|
=
|
Except as may be allowed through the Neighborhood Design Option under § 285-34.
|
3
|
=
|
See additional requirements in § 285-39.
|
4
|
=
|
See additional requirements in § 285-38. Non-office commercial uses shall be limited to a maximum of 20% of the tract area of a Planned Mixed-Use Development and must be within a Planned Mixed-Use Development. No retail establishment shall exceed a building floor area of 80,000 square feet.
|
5
|
=
|
In addition, a tract within the I/M
District of at least 10 acres may be developed under all of the requirements
of the OTR District instead of the requirements of the I/M District.
|
6
|
=
|
Outdoor storage shall be limited to
a maximum of 15% of the lot area.
|
7
|
=
|
Limited to a maximum building floor
area per establishment of 4,000 square feet in the MSL and NC Districts
and 10,000 square feet in the MS District.
|
8
|
=
|
Retail sales, personal service uses
and restaurants shall be limited to a total maximum of 10% of the
floor area of a building.
|
9
|
=
|
If an individual retail store or a
shopping center includes a total of more than 50,000 square feet of
new or expanded retail building floor area, then conditional use approval
shall be required. However, in the I/M District, no retail store shall
exceed 50,000 square feet of building floor area.
|
10
|
=
|
Auto repair garages are permitted by
conditional use only in the MS District. Auto repair garages are not
permitted in the MSL District. Auto service stations are not permitted
in either the MS District or the MSL District. [Added 12-8-2008
by Ord. No. 210]
|
11
|
=
|
Conditional use approval shall be required
for uses in the MSL District. [Added 9-9-2013 by Ord. No. 232]
|
P
|
=
|
Permitted by use right (zoning decision
by Zoning Officer).
|
SE
|
=
|
Special exception use (zoning decision
by Zoning Hearing Board).
|
C
|
=
|
Conditional use (zoning decision by
Board of Supervisors).
|
N
|
=
|
Not permitted.
|
(§ 285-42)
|
=
|
See additional requirements in § 285-42.
|
(§ 285-43)
|
=
|
See additional requirements in § 285-43.
|
C.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 285-43 and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors
to communicate with their own vehicles.*
(2)
Fence* or wall.*
(3)
Garage, household.
(4)
Garage sale.*
(5)
Pets, keeping of.*
(6)
Parking or loading, off-street, only to serve a use
that is permitted in that district.
(7)
Recreational facilities, limited to use by residents
of a development or students at a primary or secondary school or center
for the care and treatment of youth and their occasional invited guests.
(10)
Swimming pool, household.*
D.
Permitted accessory uses to business and institutional
uses. The following are permitted by right accessory uses only to
a permitted by right, special exception or conditional commercial,
industrial or institutional use, provided that all requirements of
this chapter are met:
A.
The following table of area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 285-42 and 285-43 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as "lot width") in § 285-20.
TABLE OF DIMENSIONAL REQUIREMENTS
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Zoning District: Type of Use
|
Minimum Lot Area
(square feet)
(Note E)
|
Minimum Lot Width Measured at
Minimum Building Setback Line
(feet)
|
Minimum Front Yard Setback
(feet)
(Note D)
|
Minimum Rear Yard Setback
(feet)**
|
Minimum Side Yard Setback**
(each) (feet)
|
Maximum Percent Building Coverage
|
Maximum Percent Impervious Coverage
| ||
OSR Open Space Residential District:
See also Open Space Development Option in § 285-31, which may allow smaller lot sizes, smaller lot widths and density bonuses.
|
130,680 (3 acres), unless a larger lot area is required by § 285-30
|
250
|
50
|
50
|
30
|
10%
|
20%
| ||
A Agricultural District:
The requirements of § 285-35 shall apply.
| |||||||||
RR Rural Residential District:
See also Open Space Development Option in § 285-31, which may allow smaller lot sizes, smaller lot widths and density bonuses.
|
87,120 (2 acres)
|
200
|
50
|
50
|
15
|
15%
|
20%
| ||
R-1 Low Density Residential District:
| |||||||||
a) Single-family detached dwelling:
|
a) - b): 30
|
a) - b): 35
|
a) - b): 15
|
a) - b): 30
|
a) - b): 40
| ||||
a 1) Without Township-approved central
water service and without Township-approved central sewage service
|
a 1) 43,560 (1 acre)
|
a 1) 150
| |||||||
a 2) With Township-approved central
water or Township-approved central sewage service
|
a 2) 39,000
|
a 2) 150
| |||||||
a 3) With both Township-approved central
water and Township-approved central sewage services:
|
a 3) 15,000
|
a 3) 100
| |||||||
b) Other allowed principal use
|
b) 43,560 (1 acre)
|
b) 150
| |||||||
See the Neighborhood Design Option in § 285-34, which may allow smaller minimum lot sizes, smaller lot widths, greater varieties in housing types and density bonuses.
| |||||||||
See also the Age-Restricted Residential Development Option in § 285-36.
| |||||||||
All dwellings shall have a minimum
principal building width and length of 20 feet (not including unenclosed
structures).
| |||||||||
R-2 Medium Density Residential
District:
| |||||||||
a) Single-family detached dwellings:
|
a) - b): 30
|
a) - b): 30
|
a 1) 15
|
a) - b): 50%
|
a) - b): 60%
| ||||
a 1) Without Township-approved central
water service and without Township-approved central sewage services
|
a 1) 43,560 (1 acre)
|
a 1) 105
| |||||||
a 2) With Township-approved central
water or Township-approved central sewage service
|
a 2) 39,000
|
a 2) 105
|
a 2) and a 3) One side yard with a
minimum of 8 feet, provided the total of both side yards is a minimum
of 20 feet
| ||||||
a 3) With both Township-approved central
water and Township-approved central sewage services
|
a 3) 9,000
|
a 3) 70
| |||||||
b) Other allowed principal use.
|
b) 20,000
|
b) 100
|
b) 15
| ||||||
See the Neighborhood Design Option in § 285-34, which may allow smaller minimum lot sizes, smaller lot widths, greater varieties in housing types and density bonuses.
| |||||||||
See also the Age-Restricted Residential Development Option in § 285-36.
| |||||||||
R-3 Medium High Density Residential
District:
| |||||||||
a) Single-family detached dwellings:
|
a) - c): 25
|
a) - c): 30
|
a) - c): 50%
|
a) - c): 60%
| |||||
a 1) Without both Township-approved
central water service and Township-approved central sewage services
|
a 1) 43,560
|
a 1) 150
|
a 1) 15
| ||||||
a 2) With both Township-approved central
water and Township-approved central sewage services
|
a 2) 7,000
|
a 2) 55
|
a 2) One side yard with a minimum width
of 5 feet, provided the total of both side yards is a minimum of 15
feet.
| ||||||
b) The following housing types, each
of which shall require Township-approved central water and Township-approved
central sewage services:
|
b): 10, except 0 at the shared lot
line of lawfully attached dwellings.
| ||||||||
b 1) Twin dwelling unit
|
b 1), b 2) and b 3): Minimum average
lot area of 7,000 per dwelling unit (Note C)
|
b 1) 35 per dwelling unit
| |||||||
b 2) Townhouse
|
b 2) 20 per interior dwelling unit,
and 40 for each end unit (Note B)
| ||||||||
b 3) Duplex or other multifamily dwellings,
which shall be detached from other buildings
|
b 3) 100
| ||||||||
b 4) Manufactured home parks shall meet the requirements for such use as stated in § 285-42, instead of the requirements of this section
| |||||||||
c) Other allowed principal use
|
c) 25,000
|
c) 100
|
c) 15
| ||||||
RV Village Residential District:
| |||||||||
a) Single-family detached dwelling
|
a) 7,000
|
a) 55
|
a) and b): 25
|
a) and b): 30
|
a) and b): 10
|
a) and b): 50%
|
a) and b): 65%
| ||
b) Other allowed use
|
b) 25,000
|
b) 10
| |||||||
MS Main Street [Amended 12-8-2008
by Ord. No. 210; 9-9-2013 by Ord. No. 232]
| |||||||||
a) Principal Residential Uses - the
regulations for the R-3 District shall apply
| |||||||||
b) Other allowed use
|
b) 10,000
|
b) 80, except 200 feet if a new lot
is created with own driveway entering directly onto an arterial street
|
b) 10
|
b) 35 (Note G)
|
b) 10, except 20 for a new principal
non-residential building from an adjoining dwelling
|
b) 40%
|
b) 80%
| ||
MSL Main Street Limited District
[Amended 12-8-2008 by Ord. No. 210; 9-9-2013 by Ord. No. 232]
| |||||||||
a) Principal Residential Uses - the
regulations for the R-3 District shall apply
| |||||||||
b) Other allowed use
|
b) 10,000
|
b) 80, except 200 feet if a new lot
is created with own driveway entering directly onto an arterial street
|
b) (Note H)
|
b) 35 (Notes G and I)
|
b) 10, except 20 for a new principal
non-residential building from an adjoining dwelling (Note I)
|
b) 40%
|
b) 65%(Note J)
| ||
CN Neighborhood Commercial and
CH Highway Commercial Districts:
Allowed use
|
30,000
|
100, except 200 for a new lot approved
after the adoption of this chapter that will have its own vehicle
access directly onto an arterial street
|
30, except 50 feet where off-street
parking will exist between the principal building and an arterial
street
|
30 (Note A)
|
15 (Note A)
|
40%
|
70%
| ||
I/M Industrial/Mixed Use District:
| |||||||||
a) Residential uses shall be allowed
under the regulations of the R-3 District. Residential uses shall
only be allowed on a minimum tract of 10 acres
| |||||||||
b) Other allowed use
|
b) 87,120 (2 acres)
|
b) 200
|
b) 30
|
b) 30 (Note A)
|
b) 25 (Note A)
|
b) 40%
|
b) 70%
| ||
In addition, a tract within the I/M
District of at least 10 acres may be developed under all of the requirements
of the OTR District, instead of the requirements of the I/M District.
| |||||||||
OTR Office/Technology/
Residential District:
| |||||||||
a) For development under the Neighborhood Development Option, § 285-34 shall apply
| |||||||||
b) Other allowed use
|
b) 3 acres, except 1 acre if the applicant
first receives approval for a Planned Business Development
|
b) 300, except 100 feet for a lot within
an approved Planned Business Development
|
b) 40, except 60 adjacent to an arterial
street
|
b) 20 each, except 60 for a side yard
contiguous to an existing residential lot
|
b) 20, except 60 for a side yard contiguous
to an existing residential lot
|
b) 50
|
b) 60, unless incentives are approved under § 285-38
| ||
See additional requirements for the OTR District in § 285-38.
|
NOTES FOR THE ABOVE TABLE:
| |||
---|---|---|---|
**
|
=
|
The following exceptions shall apply:
| |
-
|
For accessory structures and uses, see § 285-27C below.
| ||
-
|
Structures shall not obstruct minimum
sight clearance at intersections.
| ||
-
|
See § 285-65B pertaining to corner lots.
| ||
-
|
See § 285-67 regarding extension of nonconforming setbacks.
| ||
-
|
See § 285-65 regarding permitted reductions in setbacks to reflect average setbacks of adjacent buildings.
| ||
-
|
See § 285-69 which may require additional setbacks along existing streets.
| ||
-
|
See § 285-27D regarding setbacks from adjoining agricultural uses.
| ||
(Note A)
|
=
|
Except 40 feet side and 50 feet rear
for a principal business use from a directly abutting principal residential
lot in a residential district. A side or rear yard shall be increased
to 100 feet for any new or expanded portion of an industrial building
or tractor-trailer truck loading dock from the lot line of a primarily
residential use in a residential district.
| |
(Note B)
|
=
|
Except if two or more side-by-side
off-street parking spaces are located in the front yard of a townhouse
or if garage door(s) for two or more vehicles face onto the street
in the front of the townhouse, then the minimum building width per
dwelling along such street shall be a minimum of 24 feet. A maximum
of 50% of the land area between the front of each townhouse and the
right-of-way line shall be used for vehicle parking and driveways.
| |
(Note C)
|
=
|
These provisions are intended to allow
flexibility in the placement of individual dwelling units, regardless
of whether the homes are condominium or fee-simple, and regardless
of whether public streets, private streets or parking courts are used.
| |
-
|
The minimum average lot area per dwelling
unit establishes the maximum number of units permitted on a tract
of land.
| ||
-
|
The minimum average lot area per dwelling
unit shall be calculated after deleting existing street right-of-way
of existing streets and alleys, but shall include: right-of-way of
proposed streets and alleys and areas of parking courts, common open
space and stormwater detention basins.
| ||
-
|
A golf course (not including areas
covered by buildings and paving) may count towards the common open
space, provided that it includes more than 50 acres of lot area and
is preserved by a permanent conservation easement at the time of development
approval.
| ||
-
|
See also the applicable standards in § 285-42, which may require common open space.
| ||
(Note D)
|
=
|
Setbacks shall be measured from the
future/ultimate right-of-way. An unenclosed front porch or deck may
intrude up to 10 feet into the minimum front yard. This porch or deck
may be covered by a roof. Where at least two adjacent buildings within
100 feet of a property are set back a lesser distance than required,
the average of the lesser distances becomes the required minimum front
yard setback for the property.[Amended 12-10-2007 by Ord. No.
202]
| |
(Note E)
|
=
| ||
(Note F)
|
=
|
Additional lot coverage is permitted
if pervious materials are utilized; however, in no case shall a lot
exceed twenty-percent lot coverage beyond that which is specified
for impervious coverage (pervious and impervious combined). [Added 12-10-2007 by Ord. No. 202]
| |
(Note G)
|
=
|
The rear yard setback in MS and MSL
Districts may be reduced to 25 feet for uses allowed by conditional
use if the Board of Supervisors determines in a conditional use proceeding
based upon substantial evidence presented by the applicant that such
reduction is necessary for the reasonable development and use of the
lot and if the lot abuts another commercial use or uses and not a
residential use. If the setback reduction is approved, the setback
area between the proposed building and the lot line must be planted
with a vegetative buffer shield satisfactory to the Board of Supervisors. [Added 12-8-2008 by Ord. No. 210; amended 9-9-2013 by Ord. No. 232]
| |
(Note H)
|
=
|
On lots abutting streets on more than
one side, the front setback requirements shall apply to each of the
abutting streets. A principal structure need not be set back more
than the average of the setback of the principal structures on contiguous
abutting lots existing as of the date of the enactment of this chapter.
If a vacant lot exists on one or both sides of the lot, the front
yard setback shall not be less than 40 feet.[Added 9-9-2013
by Ord. No. 232]
| |
(Note I)
|
=
|
Any new nonresidential principal structure
adjacent to an existing residential lot shall provide a landscape
buffer in accordance with § 285-65D(1)-(7) within the required
setback.[Added 9-9-2013 by Ord. No. 232]
| |
(Note J)
|
=
|
See § 285-39 for additional requirements in the MSL District.[Added 9-9-2013 by Ord. No.
232]
|
B.
Height. Except as provided in § 285-64, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
(1)
Any structure that is accessory to a dwelling on a
lot of less than five acres shall have a maximum height of two stories
(with the second story limited to nonhabitable storage areas) or 25
feet, whichever is more restrictive, and except where a habitable
second story is allowed in a neighborhood design development;
(3)
The maximum height for any other structure shall be
2.5 stories or 40 feet, whichever is more restrictive.
C.
Accessory structures and uses.
(2)
The minimum side and rear yard setback apply for a
permitted detached structure that is accessory to a dwelling shall
be 10 feet in the OSR, RR and R-1 Districts and five feet in other
districts, except in the following cases:
(a)
The minimum rear setback shall be reduced to
three feet for a residential accessory storage shed having a total
floor area of less than 150 square feet.
(b)
A side yard setback is not required for a structure
that is accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by twin dwellings). However,
such structure shall still meet the minimum side yard on a lot line
where the dwellings are not attached.
(c)
A residential porch or deck that is unenclosed
may extend a maximum of 15 feet into the required rear setback. Such
porch or deck may or may not be covered by a roof or awning. Space
under an unenclosed porch may be used for household storage. See also
Note D of the Table for Dimensional Requirements at the end of this
chapter concerning front yard setbacks.
(3)
No accessory structure and no swimming pool shall
be allowed within the front yard except as meeting the following criteria:
[Amended 12-10-2007 by Ord. No. 202]
(a)
Minimum lot size of two acres.
(b)
Minimum front yard setback for principal buildings:
100 feet.
(c)
Screening to be provided between the accessory structure or swimming pool and any adjoining lot or street right-of-way in accordance with § 285-65D(6).
D.
Agricultural setback requirement. No dwelling unit
shall be located within 75 feet of any actively farmed parcel within
the Agricultural Zone. In addition, no shrub nor tree shall be planted
within 10 and 20 feet, respectively, of any parcel within the Agricultural
Zone.
A.
Lot area. Wetlands (as officially defined under federal and/or state regulations), ponds and lakes shall not be counted toward the minimum lot area of any lot or tract of land. This Subsection A shall only apply to a lot within a subdivision or land development submitted for approval after the adoption of this chapter.
B.
Wetland studies. It shall be the responsibility of
each applicant to determine whether land areas proposed for alteration
meet the federal or state definition of a wetland prior to submittal
of development plans to the Township. If the Zoning Officer has reason
to believe that wetlands may be present on a site proposed for development
or subdivision, the Zoning Officer may require that the applicant
provide a suitable wetland delineation study prepared by a qualified
professional.
C.
Wetland setbacks. A minimum setback of 20 feet shall
be required between any new principal building for which a building
permit is issued after the effective date of this chapter and any
wetland.
A.
Central water service. A use shall not be considered
to be served by Township-approved central water service unless:
(2)
The applicant proves to the satisfaction of the Township
that there will be an appropriate system in place to guarantee and
properly fund the long-term operation and maintenance of the system
by a qualified professional operator; and
(3)
The applicant proves to the satisfaction of the Township,
based upon review of the Township Engineer, that the system will include
adequate supply, transmission capacity and pressure to serve the development.
B.
Central sewage service. A use shall not be considered
to be served by Township-approved central sewage service unless:
(1)
All applicable requirements of state regulations and
the Subdivision and Land Development Ordinance are met;
(2)
The applicant proves to the satisfaction of the Township
that there will be an appropriate system in place to guarantee and
properly fund the long-term operation and maintenance of the system
by a qualified professional operator; and
(3)
The applicant proves to the satisfaction of the Township,
based upon review of the Township Engineer, that the system will include
adequate treatment capacity and conveyance capacity to serve the development.
C.
On-lot septic systems.
(1)
Purpose. To ensure that a suitable location is available
for a new septic system if the original septic system should malfunction.
(2)
This Subsection C shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this zoning chapter.
(3)
Each lot shall include both a primary and a reserve
septic system location. Both locations shall be determined by the
Township Sewage Enforcement Officer to meet Pennsylvania Department
of Environmental Protection regulations for a septic system location
prior to approval of the final subdivision or land development plan.
(4)
The requirement for a reserve septic system location
shall not apply to the following:
(a)
A lot of over 10 acres;
(b)
The simple merger of two or more existing lots
or an adjustment to lot lines of an existing lot;
(c)
A vacant lot that includes a permanent deed
restriction or conservation easement prohibiting any construction
of buildings on the lot; or
(d)
Lots within a subdivision or land development
that will abut a complete capped sewage system constructed by the
developer, the design of which has been approved by the Township.
(5)
The reserve septic system location shall be kept clear
of buildings and parking and shall be shown on any subsequent applications
for new or expanded buildings or parking. The Township may require
that the location be recorded on the deed.
D.
Well and septic system locations. Every plan for a
subdivision or land development and every application for a building
permit for a new principal building that will be served by a well
and/or septic system shall designate the proposed well and primary
and alternate septic system locations.
(1)
Such plan shall show that the proposed locations will
meet the minimum isolation distances established by PA DEP regulations
between a well and septic systems on the subject lot and all adjacent
lots.
(2)
A plan may show the outer extent of potential well
locations instead of one exact location, provided all of the potential
area would still meet the isolation distance.
(3)
If the well or septic system location is proposed
to be changed from the location shown on the submitted plan, then
a site plan showing the revised location shall be submitted for approval
by the Zoning Officer and Sewage Enforcement Officer prior to issuance
of the building permit.
(4)
It is requested that well sites be placed in the front
yard, thereby allowing septic systems to be placed in the rear yard.
The intent is to minimize the visibility of any septic mound systems.
In addition, if wells are located in consistent locations within a
subdivision, it will make it easier for adjacent property owners to
meet minimum separation distances between septic systems and wells.
E.
Expansion of septic use. If the Zoning Officer has
reason to believe that a proposed increase in the number of dwelling
units or expansion or change of a nonresidential use would result
in increased flow to a septic system, then the application shall be
referred to the Sewage Enforcement Officer. The Sewage Enforcement
Officer shall require modification, expansion or replacement of the
septic system if necessary to handle the proposed flow.
A.
Purposes. The following provisions are primarily intended
to avoid erosion, sedimentation, stormwater management and winter
driving hazards, particularly considering the Township's climate,
in addition to serving the overall purposes of this chapter.
B.
Regrading. Non-man-made slopes of over 15% shall not
be regraded after the adoption of this chapter in such a manner that
circumvents the requirements of this chapter. This section shall not
regulate slopes that were clearly man made prior to the adoption of
this chapter.
C.
Slopes over 25%. A new principal building shall not
be located on a slope greater than 25%.
D.
Single-family dwellings and steep slopes. The following
provisions shall only apply to any lot that is submitted for preliminary
subdivision approval after the effective date of this section or which
is submitted for final subdivision approval if a preliminary plan
submittal was not required, if the lot contains areas with slopes
of 15% or greater:
(1)
Any lot proposed to be used for a single-family detached dwelling shall include a proposed building area with a minimum of 4,000 square feet of land area. Such building area shall not include land area restricted by the minimum yard areas. Such building area shall contain the proposed location of the dwelling. The dwelling shall be built within the proposed building area shown on the plan, except as may be approved under Subsection F.
(a)
If such building area for each lot includes
an average slope of greater than 15%, then the minimum lot area shall
be two acres, unless a larger lot area is required by another section
of this chapter.
(b)
Through designations on the Township-approved
site plan, an applicant may limit the area upon which new principal
buildings are permitted. By committing to not place a principal building
on slopes over 15%, the applicant can avoid the larger lot size requirement
of this subsection.
(2)
Access. Each lot shall be accessible from an existing
or proposed street by means of a driveway with a maximum grade of
15%.
E.
Steep slopes and other uses. A lot shall only be used
for a building for principal uses other than single-family detached
dwellings if the proposed building area includes an average slope
of less than 15%.
(1)
For such uses, the building area shall include locations
of all proposed buildings and parking areas and outdoor storage areas
and an area 20 feet around buildings, parking and storage areas. Such
building area shall also contain the proposed locations of any primary
and alternate on-lot septic systems.
(2)
Access. Each principal building and each parking area
shall have vehicle access from an existing or proposed street by means
of a driveway with a maximum grade of 10%.
F.
Changes to building area. The building area may show
the outer extent of areas being considered for a proposed building
without showing an exact location, provided all of those potential
areas still meet the requirements of this section. An applicant may
change the proposed building area after subdivision approval is granted,
provided that the applicant proves that the new building area will
still comply with this section. However, the building area shall not
be so large as to attempt to circumvent the average slope provisions
of this section that apply to a building site.
G.
Site plan and tree protection. If an applicant proposes
to alter or build upon slopes of 15% or greater, then a site plan
shall be submitted to the Zoning Officer. A separate site plan is
not required if the same information was included in an approved subdivision
or land development plan.
(2)
Mature trees. Where building or alteration is proposed
on slopes of over 15%, the applicant shall prove to the satisfaction
of the Zoning Officer that the removal of healthy trees with a trunk
width of over six inches (measured at a height 4.5 feet above the
ground level) and other attractive natural vegetation will be minimized.
The Zoning Officer may ask for reviews by the Township Engineer or
Planning Commission. The site plan shall show wooded areas to be removed
or preserved and methods to be used to make sure trees are protected
by temporary fences or other measures during the construction process.
A.
Purposes. To allow reasonable amounts of flexibility
in site planning of residential development to: a) protect environmentally
sensitive areas and avoid severe soil erosion and sedimentation; b)
avoid severely increased stormwater flows and speeds; c) preserve
areas of prime farmland; d) provide additional recreation land; e)
steer development to those areas that are more physically suited for
it; f) avoid construction of steep roads that are difficult, time-consuming,
and expensive to maintain and plow snow upon; g) avoid increased use
of steep roads and driveways that are dangerous to drive upon in snow
and ice; h) conserve forested areas that are an important part of
the ecological cycle, providing for groundwater recharge, air pollution
reduction and wildlife habitats; i) reduce construction costs and
municipal maintenance costs; j) provide for transitional forms of
development between residential and agricultural or industrial areas
or highways, with open space serving as a buffer; and k) allow each
property owner a reasonable use of his/her land related directly to
the features and location and accessibility of the land. This option
will encourage the preservation of significant areas of preserved
open space.
B.
Applicability. This § 285-31 allows an applicant the option to reduce the minimum lot areas on tracts of land if the applicant proves compliance with all of the requirements of this § 285-31 to the satisfaction of the Township.
(1)
An open space development is a residential development that meets the requirements of this § 285-31 and is granted conditional use approval by the Board of Supervisors as an open space development. An open space development shall only be allowed in zoning districts where the use is listed as allowed in § 285-26.
(2)
Uses. An open space development shall only include
the following uses: single-family detached dwellings; nature preserves;
Township-owned recreation; recreation uses that the Township approves
to be within the preserved open space; crop farming; a golf course;
utilities necessary to serve the development; and customary permitted
accessory uses. A mobile home/manufactured home park shall not qualify
as an open space development.
(3)
A tract may be eligible for approval for an open space
development if it includes a minimum of 10 acres of lot area in common
ownership. Such land area shall be contiguous, except that portions
of the tract may be separated only by existing or proposed streets
or creeks.
(a)
The amount of preserved open space shall be
based upon the total lot area of all lots within the development,
prior to subdivision, and prior to deletion of rights-of-way of future
streets and before deleting the area of any environmental features.
Land area of future rights-of-way of existing streets may be deleted
from the total lot area before calculating the required amount of
preserved open space.
[1]
Areas that were preserved by a conservation
or agricultural preservation easement or deed restriction prior to
the submittal of the subdivision shall not be counted towards the
area of the tract in calculating preserved open space or allowed density.
(b)
Areas used for a principal nonresidential use
(other than uses approved by the Township to be part of the preserved
open space, such as an agricultural barn or golf course) shall not
be included within the land area used to calculate residential density.
(4)
An open space development shall be designed as a unified, coordinated residential development, and shall be approved with a single development plan proposed by a single development entity. After final subdivision approval and within an approved development agreement(s) and phasing plan, portions of the development may be transferred to different entities, provided that there is compliance with the approved development plan and this § 285-31.
(5)
Procedures.
(a)
Applicants are strongly encouraged to first
submit a layout plan with the conditional use application before completing
detailed fully-engineered preliminary subdivision plans. This two-step
process will allow the Township and applicant to mutually agree upon
the preserved open space and development layout before large sums
of money are spent by the applicant on detailed engineering. This
two-step process can reduce the costs of re-engineering to the applicant.
Detailed stormwater, grading, utility, profile and erosion control
plans shall not be required at the conditional use stage if such matters
will be submitted later for the subdivision or land development approval.
(b)
The applicant and Township officials are strongly
encouraged to walk the tract at a time after a detailed existing features
map has been provided to the Township but before the site layout has
been finalized.
(c)
An existing features map shall be required to
be submitted as part of the conditional use application for an open
space development. This existing features map shall accurately show
the locations of the following, at a minimum: wetlands; one-hundred-year
floodplains; areas of woodland; existing topography; existing buildings
with a description of any buildings over 70 years old; highlighting
of fifteen-to-twenty-five-percent slopes and twenty-five-percent-and-greater
slopes; and any major scenic views from within the tract or from outside
of the tract.
C.
Density, open space and lot standards. The maximum
number of dwelling units on the tract shall be determined based upon
an existing features map and a yield plan.
(1)
An existing features map shall be required to be submitted
as part of the application for an open space development. This existing
features map shall accurately show the locations of the following,
at a minimum: wetlands; one-hundred-year floodplains; areas of woodland;
existing topography; existing buildings with a description of any
buildings over 70 years old; highlighting of fifteen-to-twenty-five-percent
slopes and twenty-five-percent-and-greater slopes; and any major scenic
views from within the tract or from outside of the tract.
(2)
A yield plan shall be submitted to the Township by the applicant [except as provided in Subsection C(4) below]. The yield plan shall accurately show the maximum number of dwelling units that would be possible under current Township ordinances if the open space development provisions would not be used and instead the provisions for conventional development in the applicable zoning district would be used. The yield plan shall be completed to an accurate scale, including accurately showing the existing features map information described above. The yield plan shall show potential lots, streets and retention/detention pond locations. However, the yield plan shall not serve as, and is not required to contain, the engineering detail requirements of a preliminary subdivision plan.
(3)
Such yield plan shall be reviewed by the Zoning Officer,
with advice by the Township Engineer, to determine whether it represents
a reasonably accurate estimate of the number of dwelling units possible
on the site, both physically and legally. If such estimates are determined
to not be accurate, the applicant shall be required by the Zoning
Officer to revise such yield plan until it is accurate.
(a)
The maximum number of dwelling units allowed
on the tract through open space development shall be 25% greater than
the number of dwelling units that is determined by the Township to
be possible under the Township-accepted yield plan.
(b)
The allowed number of dwelling units may be
rounded to the nearest whole number.
(4)
For a tract of over 50 acres in the OSR District,
a yield plan is not required, and instead the maximum density for
an open space development shall be equal to an average of one dwelling
unit for every 2.0 acres of total lot area.
(5)
All provisions of the zoning district shall apply, except for provisions that are specifically modified by this § 285-31. The following dimensional requirements shall apply, provided that the total maximum density for the tract is not exceeded.
(a)
OSR District. Two options are available:
[1]
The minimum lot area shall be one acre (43,560
square feet) if both public water and public sewage services are not
provided. The same yard and other dimensional requirements shall apply
as are provided for conventional development in the RR District. A
minimum of 60% of the total lot area of the tract (prior to subdivision)
shall be preserved as preserved open space.
[2]
If a lot is served by both public water and
public sewage services, then the minimum lot area shall be 12,000
square feet. The same yard and other dimensional requirements shall
apply as are provided for conventional development in the R-2 District,
except the minimum lot width shall be 80 feet. A minimum of 85% of
the total lot area of the tract (prior to subdivision) shall be preserved
as preserved open space.
(b)
RR District. Two options are available:
[1]
The minimum lot area shall be one acre (43,560
square feet) if both public water and public sewage services are not
provided. The same yard and other dimensional requirements shall apply
as are provided for conventional development in the RR District. A
minimum of 40% of the total lot area of the tract (prior to subdivision)
shall be preserved as preserved open space.
[2]
If a lot is served by both public water and
public sewage services, then the minimum lot area shall be 12,000
square feet. The same yard and other dimensional requirements shall
apply as are provided for conventional development in the R-2 District,
except that the minimum lot width shall be 80 feet. A minimum of 65%
of the total lot area of the tract (prior to subdivision) shall be
preserved as preserved open space.
(6)
Utilities. Any lot of less than one acre shall be
served by Township-approved central sanitary sewerage service and
central water service.
(7)
Subdivision of part of a tract. This subsection addresses
a situation in which only part of a lot is proposed to be subdivided,
and the applicant at the present time does not intend to subdivide
for the maximum number of dwellings allowed by this section. In such
case, the applicant shall establish a permanent conservation easement
covering preserved open space to comply with this section. Because
only part of the tract is being subdivided, it may not be necessary
to meet the preserved open space requirement based upon the area of
the entire tract.
(a)
The land under the conservation easement shall
be a regular rectangle in shape and shall be located where it could
adjoin land that would be added as preserved open space in the future
if the total allowed number of dwellings would be developed.
(b)
The following hypothetical example assumes a
tract includes 50 acres, and the yield plan determines that the applicant
for an open space development is allowed a total of 30 new dwellings.
In this example, the applicant only wishes to subdivide lots for 10
new dwellings at the present time, which is 1/3 of the total number
of allowed dwellings. At the present time, only 1/3 of the open space
would need to be preserved, compared to if all of the allowed housing
units would be developed. However, the preserved open space would
need to be placed on the tract at a location where it could be joined
by the remaining acres of land under a conservation easement if the
applicant in the future decided to subdivide lots for the remaining
20 dwelling units that are allowed.
(8)
A minimum of 50% of the required preserved open space
shall be in one contiguous lot, except that the preserved open space
may be separated by creeks, lakes and a maximum of one street.
(a)
As part of the conditional use approval, the
Board of Supervisors may approve the following, if the applicant proves
to the satisfaction of the Board of Supervisors that such configuration
would serve the purposes of this section and be in the best interests
of the Township considering the unique circumstances of the tract:
(b)
An accessway limited to emergency vehicles may
also cross the preserved open space.
(9)
The Board of Supervisors may require that the majority
of the required preserved open space be placed:
(a)
Adjacent to an existing or planned public or
homeowner association-owned recreation area;
(b)
Adjacent to existing farmland;
(c)
At the edge of a neighboring undeveloped lot,
where the preserved open space could be connected in the future to
open space on that neighboring lot; or
(d)
Adjacent to an arterial street or expressway
where the open space will serve to buffer homes from the traffic.
D.
Conditions for approval. An open space development
shall only be approved if the applicant proves to the satisfaction
of the Board of Supervisors, based upon review by the Planning Commission,
that the following additional conditions will be met:
(1)
That the open space development would clearly serve
a valid public purpose that would result in a development that would
be superior to what would result if the land would be developed as
a conventional development. Such valid public purposes include but
are not limited to the following:
(a)
The permanent preservation of dense forests,
steep slopes, wetlands, creek valleys, highly scenic areas or other
sensitive natural features.
(b)
The permanent preservation of a substantial
area of land in agricultural uses, in a tract of proper size and configuration
that allows for efficient agricultural use and that properly considers
the issue of compatibility between the agricultural uses and homes.
In such case, new dwellings shall be clustered adjacent to existing
dwellings and residential zoning districts.
(c)
The dedication of recreation land at a site
deemed appropriate by the Board of Supervisors and that involves land
that is clearly suitable for active and/or passive recreation.
(d)
The provision of preserved open space in a location
that will allow homes to be buffered from highly noxious nuisance-generating
uses, such as a heavily traveled street, or industrial uses. In such
case, intensive landscaping and/or planting for eventual reforestation
should be provided.
(2)
The applicant shall prove that the proposed open space
development has been designed in full consideration of important natural
features, including mature woodlands, creek valleys, steep slopes
and wetlands.
(a)
At a minimum, the applicant shall prove that
areas along perennial creeks shall be preserved in their natural state,
except for landscaping, erosion control improvements, public recreation
improvements and needed utility, street and driveway crossings. Low-maintenance
landscaping is encouraged along creeks and other areas where maintenance
would otherwise be difficult.
(b)
The natural features of the site shall be a
major factor in determining the siting of dwelling units and streets.
(3)
The Township may require the use of conservation easements
within an open space development to limit the disturbance of natural
slopes over 15%, wetlands, mature forests, creek valleys and other
important natural features.
E.
Preserved open space.
(1)
Preserved open space. The minimum amount of preserved open space shall be provided, which shall meet the requirements of this chapter and the definition in § 285-20 of "open space, preserved."
(a)
The preserved open space requirements of this § 285-31 shall be in addition to the recreation land or fee-in-lieu of land requirements of the Township Subdivision and Land Development Ordinance (SALDO), unless the applicant proves to the satisfaction of the Board of Supervisors, at the time of conditional use approval, that the proposed preserved open space would include suitably improved land that will meet the intent of the recreation land requirements of the SALDO.
(2)
Open space standards. Required preserved open spaces
shall meet all of the following requirements:
(a)
Preserved open space shall be permanently deed-restricted
or protected by an appropriate conservation easement to prevent the
construction of buildings or the use for any nonagricultural commercial
purposes or the use of the land for clear-cut forestry. Land approved
as required preserved open space shall only be used for noncommercial
active or passive recreation, a noncommercial community center for
meetings and recreation, a Christmas tree farm, a golf course, a nature
preserve, a horse farm, a wholesale plant nursery, crop farming and/or
another Township-approved agricultural use.
(b)
Improvements to open spaces. Where preserved
open space is proposed to be used for recreation and/or dedicated
to the Township, the application shall include a detailed and legally
binding (if approved) description of what improvements the applicant
will make to any land to make it suitable for its intended purpose.
[1]
Examples of such improvements include preservation
and planting of trees, development of trails, stabilization of creek
banks, removal of undesirable vegetation, and grading of land for
recreation (such as a free play field for youth).
[2]
Type of maintenance. The subdivision plan shall
state the intended type of maintenance of the open space, such as
lawn areas that are regularly mowed or natural areas for passive recreation
that are intended for minimal maintenance.
(c)
All proposed preserved open space shall be cleared
of construction debris, materials from illegal dumping and any rocks
that were not naturally on the land, unless those rocks are incorporated
into landscaping improvements.
(d)
The applicant shall prove that all required
preserved open space would be suitable for its intended and Township-approved
purposes. The Township may require the provision of a trail easement
and/or the construction of a recreation trail through preserved open
space. If a developer will install a trail, it shall be completed
prior to the final sale of any adjacent residential lots.
(e)
Lots and preserved open spaces shall be located
to promote pedestrian and visual access to preserved open spaces whenever
possible.
(f)
Sufficient access points from each preserved
open space shall be provided to streets for pedestrian access and
maintenance access. The Board of Supervisors may require that maintenance
and/or pedestrian access points be paved and be up to eight feet in
width, meeting Township standards for a bike path. Maintenance access
points shall be of a slope that is suitable for access by vehicles
and equipment.
(3)
Open space ownership. The method(s) to be used to
own, preserve and maintain any preserved open space shall be acceptable
to the Township. The Township shall only approve an open space development
if the applicant proves there will be an acceptable method to ensure
permanent ownership, preservation and maintenance of land that will
not be included in individual home lots.
(a)
The method of ownership and use of any required
preserved open space shall be determined prior to preliminary subdivision
or land development approval. The Township should be given right of
first refusal at the time of such review to accept proposed open space
as public open space. The Township shall only accept ownership of
open space if the Board of Supervisors has agreed in writing in advance
to accept such ownership. If the preserved open space will not be
owned by the Township, then the preserved open space shall be permanently
preserved by one or a combination of the following methods that are
found to be acceptable to the Board of Supervisors:
[1]
Dedication to the county as public open space,
if the County Commissioners agree in writing to such dedication.
[2]
Dedication to the school district if such Board
of Education agrees in writing to accept such dedication and to use
and maintain the land for school recreation, public recreation, environmental
education and/or related open space.
[3]
Dedication to a homeowners' association as preserved
open space, with the homeowners legally bound to pay fees for the
maintenance and other expenses of owning such land, and with such
homeowners' association being incorporated with covenants and bylaws
providing for the filing of assessments and/or municipal liens for
the nonpayment of maintenance costs for preserved open space that
is not publicly owned.
[a]
Such responsibilities shall be
specified as part of each deed prior to sale of each lot or dwelling
unit. The Township may delay a dedication of maintenance responsibilities
by a developer to a homeowners' association until such association
is incorporated and able to maintain such land.
[4]
Dedication of the land to an established nature
conservation organization acceptable to the Board of Supervisors for
maintenance as a nature preserve or passive recreation area.
[5]
Dedication of a permanent conservation easement
that results in the land being used for a Township-approved agricultural
use, such as crop farming, a tree farm or a horse farm, and which
may include one of the allowed dwelling units on the lot.
[6]
Dedication to the State Game Commission, State
Fish and Boat Commission or similar public agency, if such agency
agrees in writing in advance to accept the dedication and to maintain
the land for public recreation.
[7]
Operation as a bona fide golf course, with a
minimum lot area of 50 acres. Areas including buildings or vehicle
parking shall not count towards the minimum preserved open space.
(b)
Legal documents providing for ownership and/or
maintenance of required preserved open space shall be reviewed by
the Township Solicitor and be subject to approval by the Board of
Supervisors prior to recording of the final plan.
(c)
A legally binding system shall be established
to oversee and maintain land that will not be publicly owned. The
applicant shall prove compliance with state law governing homeowners'
associations. Proper notations shall be required on the recorded plan.
For example, if the preserved open space is intended to be owned by
a homeowners' association as recreation land, a statement should be
included that the designated open space "shall not be further subdivided
and shall not be used for the construction of any nonrecreation buildings."
F.
Steep slopes. Within an open space development, no
principal building shall be placed on slopes of over 25%.
G.
Phasing. The development shall include a phasing system
that shall be approved by the Board of Supervisors. Such phases shall
ensure that the requirements of this article would be met after the
completion of any one phase, and that the development could properly
function without the construction of additional phases.
H.
Landscaping plan. An application for an open space
development involving over 30 acres shall include a landscape planting
and preservation plan prepared by a registered landscape architect.
(1)
Such plan shall show the locations, general species
and initial sizes of landscaping to be planted within the preserved
open space and throughout the tract.
(2)
Such plan shall also show that existing substantial
healthy trees will be preserved to the maximum extent reasonable.
The methods to ensure preservation during construction shall be described.
(3)
Landscaping shall also be used as appropriate to filter
views of denser housing from any adjacent housing that is less dense.
A.
No buildings, vehicle parking, driveways or business
outdoor storage shall be located within 75 feet from any of the following:
1) the average water level of the Conestoga River; 2) the center of
the bed of any other perennial creek; or 3) the average water level
of a pond or lake.
B.
This additional setback shall not apply to boat ramps
or boat or canoe storage.
A.
Purposes. In addition to serving the overall purposes
of this chapter, this section is intended to:
B.
Definitions.
(1)
Sending property: A lot(s) or portion of a lot that
is restricted by a conservation easement or farmland preservation
easement as a condition of approval of a higher density on the receiving
property than would otherwise be permitted.
(2)
Receiving property: A lot(s) that is approved to permit
a higher density than would otherwise be permitted as a condition
of the restriction of development on the sending property.
C.
Granting of transferable development rights in the
sending area.
(1)
A sending property shall be within the A, OSR or RR
District. A sending property shall have a minimum area of 10 acres.
(2)
Transferable development rights are not granted to:
(a)
Tracts of land or portions thereof owned by
or subject to easements (including, but not limited to, easements
of roads, railroads, electrical transmission lines and water, gas
or petroleum pipelines) in favor of governmental agencies, utilities
and nonprofit corporations; and/or
(b)
Land restricted from development by covenant,
easement or deed restriction, unless and until such time as said covenant,
restriction or easement is dissolved or rescinded. In the event said
covenant, restriction or easement is dissolved or rescinded, such
land shall be eligible for issuance of transferable development rights.
D.
Progress of conveyance of a transferable development
right from the sending area. Transferable development rights shall
be sold and/or donated to any party, subject to the following:
(1)
Application materials. Application shall be made on
a form developed for and by the Township, which shall be signed by
the transferor and the transferee. Along with said application form,
the following shall be submitted:
(a)
A metes and bounds description of the property
of the owner of the land from which the rights will be transferred
and a plot plan or survey thereof, subject to easements in favor of
governmental agencies, utilities, and nonprofit corporations, land
restricted against development by covenant, easement or deed restrictions,
and any area devoted to non-farm use.
(c)
If the proposed conveyance entails less than
an entire parcel, the portion of the parcel from which the development
rights are transferred shall be clearly identified on a plan of the
entire parcel, drawn to scale, the accuracy of which shall be satisfactory
to the Township. Such plan shall also include a notation of: 1) the
number of development rights applicable to the entire parcel; 2) the
number of development rights applicable to the identified portion
of the parcel from which the development rights are to be transferred;
and 3) the number of development rights which remain available to
the remaining portion of the parcel.
(d)
A title search of the tract from which the transferable
development rights will be conveyed sufficient to determine all owners
of the tract and all lienholders.
(2)
Review and determination. Upon complete submission as required above, the Zoning Officer shall determine the number of transferable development rights which shall be permitted to be conveyed from the sending property. The Zoning Officer shall also determine, with the advice of the Township Solicitor and/or the Township Engineer, the sufficiency of: a) the plan indicating the portion of the parcel restricted from future development if the development rights from less than the entire parcel shall be conveyed; b) the conservation easement; and c) the deed of transferable development rights. The Zoning Officer shall inform the transferor and the transferee of the development rights of his/her determination in writing. Any appeals from the determination of the Zoning Officer shall be made in accordance with the provisions of § 285-11D of this chapter.
(3)
Donation of intermediaries. The right to develop a
sending property may be purchased by or donated to the Township, the
county or an established incorporated nonprofit organization whose
mission includes preservation of agricultural land or natural features.
A permanent conservation easement shall be established on the sending
property at the time of such purchase or donation. In such case, the
right to develop such dwelling units may be held for a maximum of
10 years before being used on a receiving property(ies).
(4)
Upon receipt of written approval by the Zoning Officer, as provided in § 285-33D(2), the transferor and transferee may present the Township with the deed of transferable development rights for endorsement as required by the Municipalities Planning Code § 619.1(c). No deed of transferable development rights shall be so endorsed until the Township is presented with evidence that the conservation easement has been approved by the Township and has been recorded with the Lancaster County Recorder of Deeds. In lieu of presentation of proof of recording the conservation easement, the fully executed conservation easement may be presented to the Township when the deed of transferable development rights is presented for endorsement and the Township, at the applicant's expense, shall record both documents.
E.
Determination of number of transferable development
rights attributable to sending property.
(1)
Yield plans shall be presented by the applicant. One
yield plan shall be presented for the receiving property and one for
the sending property. Such yield plans shall be a level of detail
typically found in a sketch plan, including showing potential lots
and roads, steep slopes, one-hundred-year floodplains and suspected
wetlands. Such yield plans shall estimate the number of new dwelling
units that could be lawfully constructed on each property under Township
regulations without any transfer of development rights. Detailed septic
percolation tests are not required for such sketches, but new septic
systems shall not be assumed to be possible in areas with severe soil
and slope limitations.
(2)
Such yield plans shall be reviewed by the Zoning Officer,
with advice by the Township Engineer, to determine whether each represents
a reasonably accurate estimate of the number of dwelling units possible
on each site, both physically and legally. If such estimates are determined
to be accurate, the applicant shall be required by the Zoning Officer
to revise such yield plan until it is accurate.
(3)
Based upon the yield plans, permission to develop
the allowed number of dwelling units may be transferred from the sending
property to the receiving property.
F.
Use of property after conveyance of TDRs is approved.
The owner conveying transferable development rights from the sending
area shall, by conservation easement, perpetually restrict the use
of the parcel or portion thereof from which transferable development
rights are conveyed. Such conservation easement shall be in a form
approved by the Township Solicitor and shall restrict future use of
the site to principal agricultural or conservation use and any accessory
agricultural uses, as determined by this chapter.
(1)
All conservation easements shall designate the Township
as a third-party beneficiary of the restrictions imposed upon the
transferor and his/her land. Such restrictions shall be enforceable
by the Township as such third-party beneficiary.
(2)
Land from which transferable development rights have
been conveyed shall continue to be owned, subject to said restrictions
by the landowner, his/her heirs, executors, administrators, successors
and/or assigns.
(3)
If the development rights are conveyed from less than the entire parcel, the plan prepared in accordance with Subsection D(1)(c) above shall be attached to and recorded with the conservation easement. All owners of the tract from which transferable development rights are conveyed shall execute the conservation easement. All lienholders of the tract from which transferable development rights are conveyed shall execute a joinder and/or consent to the conservation easement.
[Amended 12-10-2007 by Ord. No. 202]
G.
Process by which TDRs are applied to a receiving property.
A receiving property shall be within a neighborhood design option
development (NDO) in a district that allows NDO development. Transferable
development rights may only be used to increase the permitted density
of a NDO development. When transferable development rights have been
acquired by the transferee for the purposes of assignment to a receiving
property, the following shall apply.
[Amended 12-10-2007 by Ord. No. 202]
(1)
Effect of use of TDRs on receiving property. For each
transferable development right that is approved for conveyance, the
transferee is entitled an increase in permitted density as follows:
(a)
For each dwelling unit that would have otherwise
been allowed on the sending property, one additional dwelling unit
may be approved on the receiving property. However, as an incentive
to promote agricultural preservation, for each dwelling unit that
would have been allowed in the A District, three dwelling units shall
be allowed on the receiving property.
(b)
If, for example, the yield plan determines that
10 new dwelling units would be allowed under the current zoning on
the sending property, and the sending property will be preserved by
a conservation easement, then the right to develop 30 additional dwelling
units shall be transferred to the receiving property.
[Amended 12-10-2007 by Ord. No. 202]
(c)
The receiving property shall be permitted to include the increased total number of dwelling units above the number that would otherwise be permitted, as approved by the Township based upon the yield plan. However, in no case shall the maximum density with incentives be exceeded, as provided for a NDO development in § 285-34.
(d)
The development of the receiving property shall
still comply with all other requirements of this chapter, except for
the maximum density, which shall be regulated by this section and
the NDO provisions.
(e)
Utilities. To receive a transfer of development
rights, any lot that includes less than one acre per dwelling unit
on the receiving property shall be served by Township-approved central
sanitary sewerage service and central water service.
(f)
The transfer of development rights shall not
be combined with reduced lot sizes and other incentives concerning
open space development.
(2)
Application materials. The transferee shall submit:
(a)
A preliminary subdivision or land development
plan, prepared in accordance with the latest version of the Township
Subdivision and Land Development Ordinance. The preliminary plan must
indicate: 1) that transferable development rights are to be used;
2) the base permitted density allowed for the site; 3) the proposed
density of the site; and 4) the number of transferable development
rights to be applied to the site.
(b)
An agreement of conveyance for the development
rights between: 1) the owner of the tract to which development rights
have been granted, or the owner of development rights which have been
previously severed from the tract in the sending areas, as evidenced
by a recorded deed of transferable development rights; and 2) the
owner of the tract proposed to be developed with the transferred development
rights. The agreement may be contingent upon approval of a final subdivision
or land development plan of the tract to which the transferable development
rights are to be conveyed.
(c)
If the use of transferable development rights
which were previously severed from a tract in the sending area is
proposed, a title search of such previously severed transferable development
rights.
(d)
As part of a TDR, the development of the receiving
property shall comply with all Township requirements, except for provisions
specifically modified by this section.
(3)
Review, approval and recording of TDRs applied to
a receiving property. No final plan for any subdivision or land development
which utilizes transferable development rights shall be executed on
behalf of the Township until the Township has been presented with
a copy of the recorded deed of transferable development rights and
the recorded conservation easements with the customary recording information
of the Office of the Recorder of Deeds in and for Lancaster County
clearly endorsed thereon. In lieu of presentation of proof of recording
the executed deed of transferable development rights and the fully
executed conservation easement may be presented to the Township with
the deed of transferable development rights for endorsement, and the
Township, at the applicant’s expense, shall record both documents
and then shall execute and, if applicant so desires, at applicant’s
expense, shall record the final plan.
H.
Public acquisition of TDRs. The Township may purchase
development rights and may accept ownership of transferable development
rights through transfer by gift. All such TDRs may be resold or retired
by the Township. Any such purchase or gift shall be accompanied by
a Township-approved conservation easement.
I.
Reservation of Township rights. The Township reserves
the right to amend this chapter in the future, and the Township expressly
reserves the right to change the manner in which the number of development
rights shall be apportioned to a tract in the sending area, the manner
in which development rights may be attached to land within the receiving
area, the locations of the sending area and the receiving areas and
the procedure by which development rights can be conveyed.
(1)
The Township further expressly reserves the right
to terminate its TDR program at any time. No landowner or owner of
development rights shall have any claim against the Township for damages
resulting from a change in this chapter relating to the regulations
governing the apportionment transfer and use of development rights
or the abolition of the TDR program.
(2)
If the TDR program is abolished by the Township, no
developer may attach development rights to any tract in the receiving
area after the effective date of the ordinance abolishing the TDR
program unless an application in conformity with the provisions of
this section was filed prior to the effective date of such ordinance.
A.
Purposes. To encourage innovation and to promote flexibility, economy and ingenuity in development consistent with the provisions of Articles VI and VII-A of the State Municipalities Planning Code and the community development objectives of this chapter and the Comprehensive Plan. The purposes of Articles VI and VII-A of the State Municipalities Planning Code are hereby incorporated by reference. The provisions of this § 285-34 represent an optional form of development and shall only be allowed if a development will achieve the following purposes and objectives:
(1)
Directing growth to areas of the Township which are
the most appropriate for development.
(2)
Reducing infrastructure costs by minimizing the amount
of infrastructure necessary to adequately support new development.
(3)
Providing a more efficient, varied and, most importantly,
innovative development pattern.
(4)
Establishing a pedestrian-oriented community that
accommodates and encourages pedestrian and other multi-modal travel
alternatives by including sidewalks, greenways, bike paths, and/or
trails. The inclusion of a limited amount of community services and
civic uses may also be incorporated to facilitate pedestrian access
and limit motor vehicle trips.
(5)
Making public transit a viable alternative by encouraging
development at appropriate densities with flexible building arrangements
not afforded by conventional lot-by-lot development.
(6)
Fostering a sense of community through development
of recognizable neighborhoods and direct access to public spaces such
as centrally located public commons, greens, squares or prominent
scenic vistas.
(7)
Encouraging development that complements rather than
eliminates the distinctive resources of the site, including woodlands,
wetlands, stream corridors, historical and cultural resources, steep
slopes, scenic viewsheds, and prime agricultural soils.
(8)
Providing opportunities to integrate age and income
groups through the provision of a wide range of housing alternatives
that are suitably mixed within the development.
(9)
Promoting development that, through the use of distinctive
architectural elements and siting criteria, creates community character
that complements the historic development style of Lancaster County
and the Township.
B.
Eligibility. Within the R-1, R-2, R-3, RV, I/M and OTR Districts, the neighborhood design option is permitted by conditional use subject to compliance with the criteria in this § 285-34 and all other requirements of this chapter. See also § 285-34I(3) for additional regulations within the I/M district and § 285-38 for additional regulations within the OTR District. A "neighborhood development" shall mean a subdivision or land development that is developed in compliance with the NDO requirements of this chapter.
C.
Minimum requirements for development under the neighborhood
design option. Each neighborhood design development shall meet all
of the following minimum requirements:
(1)
The neighborhood development tract shall be not less
than 10 acres in area.
(2)
The neighborhood development tract shall be developed according to a single plan that depicts complete build-out of the neighborhood development tract with common authority and responsibility. If more than one person has an interest in all or a portion of the neighborhood development tract, all persons with interests in any portion of the neighborhood development tract shall join as applicants and shall present an agreement, in a form acceptable to the Township Solicitor, guaranteeing that the neighborhood development tract as a whole shall be developed in accordance with any approval granted under this § 285-34 as a single neighborhood development with common authority and governing documents.
(3)
All dwelling units and principal buildings shall be
provided with public water service and public sewer service.
(4)
The neighborhood development shall be provided with
common open space in accordance with this section.
(5)
The neighborhood development shall be provided with
a neighborhood center.
(6)
At the time of completion of construction, no more that 50% of the neighborhood development tract may be covered with impervious surface, unless a greater impervious surface coverage is permitted through the use of density incentives set forth in Subsection S.
(7)
The neighborhood development tract shall be located
within an urban growth boundary established by the Board of Supervisors.
D.
Applicability of standards. It is the intention of the Board of Supervisors in accordance with Section 605(3) and Article VII-A of the State Municipalities Planning Code to encourage innovation and to promote flexibility, economy and ingenuity in development. To that end, the Board of Supervisors may only grant conditional use approval for a neighborhood development if the applicant demonstrates to the satisfaction of the Board of Supervisors that the standards of this § 285-34 will be met, including but not limited to substantially advancing all of the purposes in Subsection A.
(1)
If the Board determines that a modification or waiver is necessary to implement the purposes of Subsection A, the Board of Supervisors may grant a modification or waiver to specific requirements of the Subdivision and Land Development Ordinance (SALDO)[1] and/or the Stormwater Management Ordinance.[2] If such modification or waiver is not approved, then a
neighborhood development shall meet all requirements of the SALDO
and the Stormwater Management Ordinance.
E.
Application procedure. An applicant who desires to
develop under the neighborhood design option shall submit an application
for conditional use approval which shall include all of the following:
(2)
Open space plan identifying all features required by Subsection F below. The open space plan shall also include a written statement describing the applicant's proposal for future ownership and maintenance of the common open space.
(3)
Landscaping plan providing a complete proposal for the landscaping and planting of the neighborhood development tract and identifying all features required by Subsection F(7) below.
(4)
Streetlighting plan providing a complete proposal
for the installation of streetlighting to serve the neighborhood development
tract.
(5)
Traffic impact study meeting all requirements of § 240-15E(3)(g) of the Subdivision and Land Development Ordinance and other reports and studies listed in § 240-15E of the Subdivision and Land Development Ordinance that are necessary to show the general feasibility of the development.
(6)
Architectural guidelines for the neighborhood development,
which shall include styles, proportions, massing and detailing.
(7)
Statement identifying all density incentives under Subsection S which have been incorporated, and written support for each density incentive. This statement must identify the specific density incentive provided, must identify the reduction of the standard taken, and must support the applicant's claim that the neighborhood development as proposed provides the identified density incentive.
(9)
Required application fee. No application shall be
considered complete without all of the above-listed items. The Township
shall not accept incomplete applications for conditional use approval
to use the neighborhood design option.
F.
Common open space. A minimum of 45% of the neighborhood development tract shall be devoted to common open space. Through the use of incentives offered in Subsection A(9), the amount of common open space may be reduced. However, every neighborhood development shall be designed to provide a minimum of 30% of the neighborhood development tract as common open space.
(1)
It is the express intent that this requirement for common open space be used to protect those valuable resources that are identified by the Comprehensive Plan and further addressed by the regulations contained within § 240-15E of the SALDO. Common open space shall be designed and arranged to achieve as many of the following objectives as possible:
(a)
Protection of important natural, historic and
cultural resources.
(b)
Preservation of scenic views from public roads
and neighboring residential properties.
(c)
Provision of new and/or connection with existing
trails, greenways, linear parks or common open space on adjoining
parcels.
(d)
Provision of usable play or recreation areas,
or equipment, that are conveniently accessible to residents throughout
the neighborhood development.
(e)
Provision of public space as the focal point
of the neighborhood development when coordinated with greens, squares,
and public commons which are dispersed throughout the neighborhood
development.
(f)
Interconnection of areas of proposed common
open space within the neighborhood development and interconnection
of common open space within the proposed neighborhood development
with existing or planned common open space or recreational facilities
on lands adjoining the neighborhood development tract.
(2)
The applicant shall demonstrate the specific measures employed to achieve the objectives in Subsection F(1) through the provision of an open space plan depicting all proposed elements of the common open space. Each open space plan shall identify:
(a)
The location and size of proposed commons, greens,
and/or squares;
(b)
Connections among proposed areas of common open
space on the neighborhood development tract and connections of proposed
areas of common open space on the neighborhood development tract with
elements of common open space on adjoining tracts if such exists or
is proposed; and
(c)
Location and size of trails, greenways or other
pedestrian linkages, including the surface proposed.
(3)
In all neighborhood developments, regardless of the total amount of common open space provided and regardless of the density incentives utilized, the applicant shall provide common open space in the amount of at least 45% of the area of the neighborhood development tract. This 45% may be approved to be reduced to 30% through the incentives provided in Subsection S below. Not less than 50% of the required common open space shall meet all of the criteria set forth in Subsections F(3)(a) through F(3)(c) below. The remaining portion of the required common open space may contain floodplains, wetlands, steep slopes and similar features.
(a)
The land shall not contain floodplains, wetlands,
steep slopes or other natural features which would render the land
unbuildable under applicable ordinances and regulations. For the purposes
of this section, unbuildable land is land on which a principal structure
cannot be constructed.
(b)
The land shall not contain stormwater management
facilities.
(c)
The configuration of the land shall be regular.
Strips of land running around the perimeter of the neighborhood development
tract or separating proposed lots within the neighborhood development
shall not be counted as common open space to meet the required minimum
unless such land is improved with walking trails, fitness stations
or other improvements acceptable to the Board of Supervisors or unless
such land is, in the opinion of the Board of Supervisors, integrated
and integral to the overall common open space design.
(4)
Each neighborhood development shall be provided with at least one green containing not less than 10,000 square feet. The size of the green shall be increased to a minimum of 15,000 square feet for a development of 51 to 149 dwelling units, and a minimum of 20,000 square feet for a development of 150 or more dwelling units. Other greens, squares, and commons of not less than 1,000 square feet in area shall be dispersed throughout the neighborhood development. A green, square or common which meets the requirements of Subsections F(3)(a) through F(3)(c) above may be included within the required minimum common open space.
(5)
If the applicant dedicates all or a portion of the common open space in the amount of at least 0.04 acre per proposed dwelling unit in the neighborhood development to the Township, the applicant shall be permitted to count the common open space provided in accordance with this § 285-34 to satisfy the requirements of § 240-36, Park and open space provision, of the Subdivision and Land Development Ordinance. If the applicant desires to maintain all of the common open space as private land, the applicant shall have to pay a fee in lieu of dedication to satisfy the requirements of § 240-36 of the Subdivision and Land Development Ordinance.
(6)
The design of a hard- or soft-surfaced pedestrian
and bicycle network system linking development within the neighborhood
development shall be provided to connect various commons, squares
and greens depicted on the open space plan. Access to all such areas
shall be provided from public streets. Where necessary, easements
shall be provided to accommodate pedestrian access as well as access
for maintenance equipment and bicycles.
(7)
Landscaping. A vital component of the required open
space plan shall be the design and provision of appropriate landscaping
which shall include a combination of types of shrubs, trees (both
evergreen and deciduous), and ground covers. To ensure the proper
placement of suitable materials, the applicant shall provide a landscaping
plan, prepared by a registered landscape architect, which specifies
the type and size of proposed vegetation, as well as identifying the
location of existing vegetation to be retained.
(a)
The landscaping plan shall include all portions
of the proposed common open space and shall identify all lighting
proposed for all portions of the common open space, including but
not limited to common area and pathways. The landscaping plan shall
also include all areas outside of the common open space which are
required to be landscaped (such as parking areas, dumpster locations,
etc.), the location of proposed street plantings and the type and
location of street trees to be provided.
(b)
The applicant shall provide a maintenance guarantee
to ensure the health and vitality of all plant material for a period
of 18 months from planting. Any of the landscaping which dies or is
removed within this time frame shall be replaced with vegetation of
the same size and species. The applicant shall also be responsible
to assure the proper care and maintenance of all plant material within
the common open space for the duration of this 18 months and until
such time as the common open space is transferred to the Township,
a homeowners' association or other entity as authorized by this section.
(8)
The applicant shall arrange for the ownership, administration
and maintenance of common open space in accordance with one or more
of the following:
(a)
The Township may in its sole discretion accept
dedication of common open spaces or any interest therein for public
use and maintenance with no consideration to be paid by the Township.
Unless waived by the Board of Supervisors at time of approval, the
Township shall have the option to accept all or any portion of the
common open space at any time within 10 years of the recording of
the final subdivision and/or land development plan for the development.
The final plan shall contain a note, in language acceptable to the
Township Solicitor, that the common open space is irrevocably dedicated
to the Township for a period of 10 years from the date of the recording
of the final plan. Said note shall also state that the Township shall
have no duty to maintain or improve the dedicated common open space
unless and until it has been accepted by formal action of the Board
of Supervisors.
(b)
The applicant may establish an automatic-membership
property owners' association made up of the owners of property in
the neighborhood development as a nonprofit corporation for the purpose
of owning, administering and maintaining common open space; provided,
however, the association shall not be dissolved nor shall it dispose
of the common open space by sale or otherwise (except to an organization
conceived and established to own, administer, and maintain common
open space approved by the Board of Supervisors) without first offering
the common open space for dedication to the Township. The property
owners' association shall be empowered to levy and collect assessments
from the property owners of the neighborhood development to cover
replacements, working capital, operating expenses, insurance against
casualty and liability, and contingencies.
(c)
The applicant may establish a deed or deeds
of trust, approved by the Board of Supervisors, for the purpose of
owning, administering and maintaining common open space, with the
Trustee empowered to levy and collect assessments from the property
owners of the neighborhood development to cover replacements, working
capital, operating expenses, insurance against casualty and liability
and contingencies.
(d)
With permission of the Township and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the applicant may transfer the fee simple
title in the common open space or a portion thereof to a private,
nonprofit organization among whose purposes is the conservation of
common open space land and/or natural resources, provided that:
[1]
The organization is acceptable to the Township
and is a bona fide conservation organization with a perpetual existence;
[2]
The conveyance contains appropriate provisions
for proper retransfer or reverter in the event that the organization
becomes unable to continue to carry out its functions; and
[3]
A maintenance agreement acceptable to the Township
is entered into by the applicant, organization and Township.
G.
Streetlighting. The applicant shall provide streetlights
within the neighborhood development in a manner consistent with the
architectural guidelines and acceptable to the Township. Lighting
shall be used to increase the safety of pedestrians as well as vehicles
while contributing to the character of the overall neighborhood development.
H.
Allowed uses. The following uses are allowed within a neighborhood development, in accordance with the requirements in Subsections I and J below:
(1)
Single-family detached dwellings.
(2)
Single-family semidetached dwellings (twin dwellings).
(3)
Duplexes.
(4)
Townhouses.
(5)
Multifamily dwellings.
(6)
Accessory apartment units.
(7)
Neighborhood facilities within a neighborhood center.
(8)
Within a neighborhood center or a commercial center
(where allowed), the following uses shall be allowed: retail sales,
offices, exercise clubs, child or adult day-care centers, financial
institutions, and personal service establishments. The retail and
service uses may include but are not limited to a newsstand, coffee
shop, drugstore, restaurant, hair and/or nail salon, gift shop, bakery,
specialty food store, dry cleaner (dropoff only), bike sales/rental,
copy center, barbershop or another use which the Board of Supervisors
determines during the conditional use approval process is substantially
similar to the listed uses. The applicant may list a proposed range
of uses that will be allowed. If such range of uses is approved as
part of the conditional use approval, then each such use shall become
permitted by right, provided the use and development conforms to the
conditional use approval.
(a)
In a neighborhood center, the total of all commercial
uses shall not exceed 50% of the building floor area of the neighborhood
center.
(b)
In addition to a neighborhood center, a commercial
center shall be allowed if all of the following standards are met:
[1]
The neighborhood development will be adjacent
to a street classified by the Township Comprehensive Plan as an arterial
street or a major collector street;
[2]
The commercial center will have vehicle access
available to reach a second street that is classified as an arterial
or major or minor collector street;
[3]
The traffic from the commercial center will
be able to access an arterial street or major or minor collector street
without having to travel through a residential area;
[4]
The commercial center shall have shared parking
among the various uses and an internal vehicle access system that
avoids the need for a commercial use to have its own driveway onto
a preexisting public street; and
[5]
The total land area occupied by a commercial
center and related parking areas shall not exceed a maximum of 10%
of the buildable area of the neighborhood development tract. The buildable
area shall be the total tract area minus the ultimate/future right-of-way
of preexisting public streets and minus 50% of all land areas that
are wetlands, have 15% or greater slope, or are within the one-hundred-year
floodplain.
(c)
Drive-through facilities shall be prohibited,
except for a drugstore or financial institution. A drive-through facility
shall not have direct vehicle access onto an existing arterial or
collector street.
(d)
Each commercial establishment shall have a maximum first floor building floor area of 4,000 square feet, except as part of the modification process allowed through the conditional use approval, this 4,000 square feet may be increased to 8,000 square feet for uses compatible with the NDO. Further, as part of the modification process allowed through the conditional use approval, the first floor square footage for one freestanding commercial establishment may be increased to 15,000 square feet, provided such freestanding commercial establishment is integrated into and made a part of the overall commercial center and such commercial establishment is a use expressly provided for in Subsection H(8) above.
[Amended 12-10-2007 by Ord. No. 203]
(e)
Fuel shall not be sold within a commercial center.
(f)
For a nonresidential principal building, a minimum
setback of 60 feet shall apply from the perimeter lot lines of the
neighborhood development and a minimum setback of 30 feet shall apply
from the future/ultimate right-of-way of preexisting public streets
that form a perimeter of the neighborhood development. In other cases,
a minimum front, each side and rear setback of 20 feet shall apply.
(9)
Township-owned uses and government offices.
(10)
Museums.
I.
Required mix of uses; development standards. To accommodate
a variety of age and income groups, each development shall contain
a mix of each of the permitted residential uses.
(1)
Single-family detached dwellings within a neighborhood
development shall be dispersed throughout the neighborhood development.
(a)
A minimum of 20% of the single-family detached
dwellings shall be located immediately adjacent to or immediately
across a street which is not greater than 32 feet in width from single-family
semidetached dwellings, duplexes or townhouses.
(b)
No more than 15% of the single-family detached
dwellings shall be designed to include an accessory apartment. An
accessory apartment shall only be allowed on a lot that was designated
for such use at the time of conditional use approval.
(2)
The amount of each dwelling type or other permitted
use shall be within the ranges listed in the Table of Required Mix
of Uses that follows.
TABLE OF REQUIRED MIX OF USES
FOR AN NDO DEVELOPMENT
| ||||||
---|---|---|---|---|---|---|
R-1
|
R-2 or RV
|
R-3
| ||||
Minimum
|
Maximum
|
Minimum
|
Maximum
|
Minimum
|
Maximum
| |
Single-Family Detached Dwelling
|
40%
|
60%
|
25%
|
40%
|
0%
|
30%
|
Single-Family Semidetached Dwelling
(Twin Dwelling)
|
20%
|
60%
|
20%
|
70%
|
20%
|
50%
|
Townhouses or Duplexes, with a maximum
building length and width of 150 feet
|
0%
|
35%
|
25%
|
50%
|
25%
|
50%
|
Multifamily, with a maximum of 12 dwelling
units per building
|
0%
|
15%
|
0%
|
20%
|
25%
|
50%
|
Neighborhood Center - square feet refers
to building floor area across the entire tract
|
10 square feet per dwelling unit
|
20 square feet per dwelling unit
|
10 square feet per dwelling unit
|
20 square feet per dwelling unit
|
10 square feet per dwelling unit
|
20 square feet per dwelling unit
|
Commercial Center - shall comply with § 285-34H
| ||||||
Township-Owned Use or Government Offices
|
20,000 square feet lot
|
20,000 square feet lot
|
20,000 square feet lot
| |||
Museum
|
20,000 square feet lot
|
20,000 square feet lot
|
20,000 square feet lot
| |||
Place of Worship and closely related
customarily accessory uses
|
43,560 square feet lot
|
43,560 square feet lot
|
43,560 square feet lot
|
(3)
I/M Districts. A neighborhood development shall also
be allowed as a conditional use in the I/M District, provided it shall
not occupy more than 50% of a lot, based upon lot area that exists
at the time of enactment of this chapter. In the I/M District, a neighborhood
development shall comply with the same standards that would apply
to the R-3 District, except that a neighborhood development may include
100% multifamily dwellings or 100% townhouses.
(4)
Height. The maximum building height shall be 35 feet,
except that a peak or pitch of a roof may have a maximum height of
40 feet, provided that the area above 35 feet is not occupied by persons.
(5)
Impervious coverage. The maximum impervious coverage
shall be applied for each phase of construction, at the time of completion
of construction. The maximum impervious coverage for the tract shall
be 70%. A maximum impervious coverage and maximum building coverage
shall not apply to each lot.
J.
Requirements for residential development. The maximum density for dwelling units within a neighborhood development shall be based upon the lot area of the neighborhood development tract after deleting land areas occupied by principal commercial uses and the related off-street parking and after deleting future/ultimate right-of-way of preexisting public streets. The maximum density without the use of density incentives set forth in Subsection S and the maximum density if the applicant makes full use of allowed density incentives are as follows:
Development without Density Incentives
|
Development Using Density Incentives
| ||
---|---|---|---|
R-1 District
|
3.2 dwelling units/acre
|
5.5 dwelling units/acre
| |
R-2 or RV District
|
5.1 dwelling units/acre
|
6.75 dwelling units/acre
| |
R-3 or I/M Districts
|
9 dwelling units/acre
|
12 dwelling units/acre
|
(1)
Not less than 50% of all dwelling units within a neighborhood
development shall be designed to permit individual conveyance (which
may include condominium or other fee simple ownership). Dwellings
units designed to permit individual conveyance shall be constructed
to meet all building code requirements necessary to be considered
a separate dwelling unit and shall be capable of sale or other transfer
without further subdivision approvals.
(2)
(Reserved)
(3)
All dwelling units shall be situated so as to retain
a view of some portion of the common open space and shall be located
within 800 feet of a commons, square, green or trail.
(4)
All lots shall maintain minimum front, rear and side
yard setbacks of six feet, except as follows:
(a)
A minimum setback of 30 feet shall apply from
the perimeter lot lines of the neighborhood development and from the
future/ultimate right-of-way of preexisting public streets that form
a perimeter of the neighborhood development.
(c)
Any building including townhouses or three or
more multifamily dwelling units shall be set back a minimum of 60
feet from the lot line of an existing single-family detached dwelling
that is not within the neighborhood development.
(5)
No more than two contiguous dwelling units shall have
the same continuous roof ridgeline. In addition, no more than two
dwelling units in any one building shall have a substantial portion
of their front facade on the same vertical plane as any other dwelling
unit in the same building. Offsets must be staggered. No two units
shall have the same front yard setback.
(6)
No dwelling units within a neighborhood development
shall have direct access to preexisting Township or state streets
surrounding the neighborhood development tract. All access shall be
from an internal street system designed to service the neighborhood
development.
(7)
Where several townhouse buildings are located on one
lot, the following separation distances shall be applicable:
(a)
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.
(b)
A minimum yard space of 30 feet is required
between end walls of buildings where both end walls contain windows,
and 20 feet otherwise. If the buildings are at angles to each other,
the distance between the corners of the end walls of buildings where
both end walls contain windows 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.
K.
Neighborhood centers. Each neighborhood development
shall include a minimum of one neighborhood center. Each neighborhood
center shall comply with the following:
(1)
Uses are limited to those that residents are likely
to need on a daily or regular basis.
(2)
The overall size and type of each use within the neighborhood center is restricted to prevent the establishment of intensive commercial-type facilities that exceed the local orientation. See maximum size of commercial establishments in Subsection H.
(3)
Each use other than a neighborhood facility within
a neighborhood center shall be designed to provide basic convenience
commercial goods and services to existing and future nearby residences.
(4)
The maximum land area permitted to be devoted to the total of all neighborhood center buildings shall be no more than 5% of the gross land area of the neighborhood development tract, except where provided otherwise under Subsection I(2).
(5)
All neighborhood centers shall be provided with convenient
pedestrian access. Any necessary off-street parking facilities shall
be located to the side or rear of the principal building.
(6)
The adaptive use of historical structures on the neighborhood
development tract is a preferred option for the siting of a neighborhood
center. However, when new construction must be undertaken, the design
of such structure(s) shall not detract from the community character
of the neighborhood development and the surrounding area.
(7)
The applicant may initially use the neighborhood center as a sales office. If the applicant uses the neighborhood center as a sales office, the applicant shall ensure that not less than 50% of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized in Subsection H above upon the sale of 30% of the dwelling units. The applicant shall further ensure that not less than 75% of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized upon the sale of 75% of the dwelling units in the neighborhood development.
L.
Required parking. All uses within the neighborhood development shall be provided parking in accordance with this Subsection L.
(1)
The amount of off-street parking required for all dwelling units and for noncommercial uses shall be in accordance with Article VI of this chapter.
(2)
The amount of parking for commercial uses shall be
one parking space for each 350 square feet of gross floor area. The
parking shall be provided either on the neighborhood/commercial center
lot or in designated on-street or off-street parking areas within
500 feet of the neighborhood/commercial center buildings or by a combination
thereof.
(a)
As part of the conditional use process, the
Board of Supervisors may reduce the amount of required off-street
parking for principal nonresidential uses by up to 10% if three or
more principal nonresidential uses will share the same parking area.
(3)
Where necessary, parking requirements may be met through
the provision of off-street parking compounds. No more than 50% of
the required parking should be provided by means of off-street parking
lots. When required to accommodate the parking requirements of any
specific use, off-street parking lots shall be located to the side
or rear of the buildings they are intended to serve. The size and/or
location of parking lots shall not compromise the design or interfere
in any manner with provision of pedestrian access. All nonresidential
uses shall adequately accommodate both handicap parking and bicycle
parking.
M.
Architectural guidelines. It is not the intent of the Board of Supervisors to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to consistently throughout the development. Standards selected shall enhance the design objectives and goals as specified by Subsection A. See submission requirements in Subsection E(6).
(1)
Architectural guidelines shall be established and
approved as a condition of the conditional use approval. The applicant
shall submit a set of guidelines which shall include styles, proportions,
massing and detailing. To the extent necessary on each site, these
features shall be compatible with the design of historical resources
on and adjacent to the neighborhood development tract. The architectural
guidelines shall be recorded with or be part of documentation imposing
covenants and conditions upon the neighborhood development. The architectural
guidelines shall include, but not be limited to, provisions to avoid
monotony in architectural designs, to establish minimum roof pitches,
to address window sizes and to address front porches.
N.
Overall development form. In meeting the design objectives and goals specified by Subsection A, new construction shall, to the greatest extent possible, be sited so as to preserve natural vistas and existing resources of the neighborhood development tract as delineated by the required site plan.
(1)
Components of the neighborhood development shall be
designed in a pattern of blocks and interconnecting streets and alleys,
defined by buildings, street furniture, landscaping, sidewalks, on-street
parking, and public space.
(2)
A minimum of 35% of the dwelling units shall be provided with all vehicle garage(s) that are accessed from the rear or that enter the garage from a side street or that have a one-lane driveway leading to vehicle garages that are located a minimum of 60 feet from the street and are designed to minimize their visual impact from the street. Density incentives are also offered in Subsection S below.
O.
Streets. Streets within the neighborhood development shall provide safe and convenient access and circulation patterns and shall meet the design standards of this Subsection O. Where a requirement of this § 285-34 is in direct conflict with a street requirement in the SALDO,[3] the provision of this § 285-34 shall apply.
(1)
Streets shall be designed to establish a hierarchy
which shall:
(a)
Avoid alteration of cultural or historical resources
as identified by the Comprehensive Plan.
(b)
Minimize alteration of natural resources as
identified by the Comprehensive Plan.
(c)
Provide a view to prominent natural vistas.
(d)
Promote pedestrian movement and calm traffic
speeds as necessary.
(e)
Be aligned so that the terminal vista is of
elements depicted in the open space plan.
(f)
Provide for on-street parking (except along
alleys).
(g)
Be provided with sidewalks on both sides.
(h)
Accommodate nonmotorized traffic.
(2)
Street patterns shall form a network, with variations
as needed for topographic, environmental and other design considerations.
Proposed streets within the neighborhood development designed as collector
streets shall have a minimum center line turning radius of 150 feet.
All other streets within the neighborhood development shall be designed
with a minimum center line turning radius of 80 feet.
(a)
Sight triangle. All intersections of streets
and all intersections of access designs with streets shall maintain
a clear sight triangle. The minimum clear sight triangle side length
shall be 60 feet for intersections of access drives and streets and
for intersections of streets with streets other than existing collector
or arterial streets or proposed collector streets. All intersections
of streets with existing or proposed collector streets shall have
minimum clear sight triangle side length of 100 feet. All intersections
of streets with existing arterial streets shall have a minimum clear
sight triangle side length of 150 feet.
(3)
Street width and design standards shall be as set
forth in the table below:
Street Type
|
No. of Travel Lanes
|
Parking
|
Sidewalks
|
Cartway Width
(feet)
|
R-O-W Width
(feet)
|
Curb
|
---|---|---|---|---|---|---|
Collector
|
2
|
No
|
Yes
|
28
|
50
|
Yes
|
N
|
2
|
No
|
Yes
|
20
|
40
|
Yes
|
N-1
|
2
|
1 side
|
Yes
|
26
|
40
|
Yes
|
N-2
|
2
|
2 sides
|
Yes
|
32
|
50
|
Yes
|
Lane
|
1
|
No
|
No
|
10
|
12
|
No
|
Key to street types
| |
---|---|
N:
|
Neighborhood street with neither homes or parking
on either side of the street.
|
N-1:
|
Neighborhood street with homes and parking on
just one side of the street; the parking must be on the same side
of the street as the homes.
|
N-2:
|
Neighborhood street with homes and parking on
both sides of the street.
|
Lane:
|
May have two-way traffic and/or on-street parking
only when design objectives and width are shown to warrant such travel.
A lane shall be designed to not provide for through traffic.
|
(4)
Any street, lane or alley that may be allowed to have
a cartway width of less than 20 feet shall be maintained by a homeowners'
association. The Township is under no obligation to accept the dedication
of any street, lane or alley.
P.
Sidewalks. Sidewalks are to be provided on both sides
of all streets within the neighborhood development as well as along
existing streets connecting the neighborhood development to existing
or future development adjacent to the neighborhood development tract.
(1)
Sidewalks shall be no less than four feet wide in
residential areas and no less than five feet wide in areas providing
access to neighborhood facilities within the neighborhood development
or commercial areas within or adjacent to the neighborhood development
tract.
(2)
Sidewalks shall be separated from street curbs by
a planting strip or tree lawns not less than three feet wide.
Q.
Transit facilities. If the neighborhood development
tract is located on an existing or proposed street which is on an
existing or proposed Red Rose Transit Authority (RRTA) bus route,
a transit shelter and bench shall be provided. A bus pullout lane
shall also be provided to accommodate the safe boarding of passengers
and smooth transition of traffic. Where the neighborhood development
has been designed to provide one or more through-street connections,
the provision of multiple transit sites may be warranted. If RRTA
notifies the Township that it will provide service within the neighborhood
development tract prior to approval of a final subdivision or land
development plan, the applicant shall provide a transit site to serve
the neighborhood center or, if more than one neighborhood center building
is constructed, to serve the neighborhood development center building
selected by RRTA or the Board of Supervisors.
R.
Shade trees and street plantings. Shade trees shall
be provided and installed in accordance with the required landscaping
plan. At a minimum, they shall be located along each side of all existing
or proposed streets. Shade trees may be located no closer than 10
feet from the rear of curb, unless specifically approved otherwise
by the Board of Supervisors. A minimum of one tree shall be provided
for every 50 feet of street right-of-way on each side of the street.
(1)
All trees shall be at least two to 2 1/2 inches
in diameter, measured at six inches above the ground when planted.
In locations where healthy and mature trees currently exist, they
may be counted towards the fulfillment of these standards.
(2)
The type of plant material provided shall be consistent with the standards of § 240-33C of the Subdivision and Land Development Ordinance.
(3)
Street plantings may be used to complement the street
tree and landscaping requirements within public areas not included
within the common open space. If permanent containers are used to
accommodate such plantings, they shall contain vegetation which is
hardy in all seasons or shall be replanted according to the change
in seasons. The perpetual care and maintenance of such plantings shall
be the responsibility of the entity responsible for the common open
space.
(4)
Alleys or other rear access to residential units shall
not be required to provide either sidewalks or street trees.
S.
Incentives. Neighborhood developments which incorporate one or more of the following elements shall qualify for reductions in the percentage of common open space required, or an increase in the permitted density of a neighborhood development, or other modification of the requirements as specified herein. In no event shall density exceed the maximum density with density incentives as set forth in Subsection J.
(1)
For every two-percent increase in the number of single-family detached dwelling units which meet the requirements of Subsection I(1)(a), the density of the neighborhood development may be increased by 0.1 dwelling units per acre, up to a maximum increase of 0.3 dwelling units per acre.
(2)
For every ten-percent increase in the total percentage of dwelling units designed to permit individual conveyance beyond the minimum established in Subsection J, the density of the neighborhood development may be increased by 0.1 dwelling unit per acre, up to a maximum increase of 0.3 dwelling units per acre.
(3)
The minimum amount of the tract that is provided in
common open space may be reduced from 45% to 30% through use of the
following incentives:
(a)
If the applicant provides evidence to the Board
of Supervisors that improvements will be provided to active recreational
areas, such as construction of specific equipment, athletic courts
or fields, or jogging/stretching/fitness stations, the Board of Supervisors
may approve a reduction in the required common open space by up to
a maximum of 5%. The amount of the reduction shall be dependent upon
the extent of the proposed improvements.
(b)
If the applicant provides evidence that improvements
will be provided to passive recreational areas, such as extensive
landscaping beyond the minimum requirements, fountains, benches, ADA-compliant
trail surfacing or educational signage related to natural or historic
features, then each type of such amenity provided shall qualify for
consideration of a decrease in the required common open space by 1%,
with the total reduction of common open space not to exceed 5%.
(c)
If the applicant proves to the satisfaction
of the Board of Supervisors that the common open space layout and
improvements will protect and make available for public visual and
active enjoyment natural vistas, overlooks, watercourses and wooded
areas (which are in excess of 10,000 contiguous square feet), then
the Board of Supervisors may approve a reduction in the required common
open space by a maximum of up to 5%.
(4)
Subsection N(2) above includes provisions regarding the location of driveways. The following is an incentive above that requirement. This incentive shall apply if a minimum of 50% of the dwelling units shall be provided with all vehicle garage(s) that are accessed from the rear or that enter the garage from a side street or that have a one-lane driveway leading to vehicle garages that are located a minimum of 60 feet from the street and are designed to minimize their visual impact from the street. If such 50% minimum is met, then the density of the tract may be increased by 0.2 dwelling units per acre. Alternatively, if a minimum of 70% of the dwelling units meet such standard, then the density of the tract may be increased by 0.4 dwelling units per acre.
(6)
Workforce housing is defined as dwelling units that meet the standards of this Subsection S(6). If a neighborhood development will include a minimum of 10% of the total dwelling units that are be sold or leased as workforce housing, then a density bonus shall be allowed. Such density bonus shall result in an ability to build two additional dwelling units for every workforce housing dwelling unit, up to the maximum density allowed by Subsection J using density incentives. Such dwelling units shall only be sold, leased or subleased to individual(s) within a household that has an income of less than 80% of the Lancaster County median income for households as determined by the most recent data issued by the United States Census Bureau. The census median income data shall be increased by a standard U.S. government measurement of inflation to update the median income to the present.
(a)
The restriction upon the workforce housing shall
continue for 15 years after each dwelling unit is initially occupied.
The restriction upon the workforce housing shall apply at the time
of the initial sale or lease of the dwelling units and any subsequent
sale, lease or sublease of the dwelling units. The income determination
shall be based upon the income of the inhabitants of the dwelling
unit during the previous calendar year.
(b)
The applicant shall, as part of its conditional use application, provide documentation as to how this program shall be funded, monitored, implemented and enforced and shall agree that the program conditions and requirements will be made a condition of conditional use approval under Article I. Applicants are encouraged to propose to involve a third-party nonprofit organization in overseeing compliance with this section, with that organization responsible to periodically certify compliance in writing to the Zoning Officer.
(c)
The proposed workforce housing shall be integrated throughout the development, as opposed to being isolated to one area of land. In addition to complying with the architectural guidelines established per Subsection M, the workforce housing dwelling units shall be, to the greatest extent possible, indistinguishable as viewed from the front from other dwelling units within the development.
(d)
This Subsection S(6) shall not by itself limit the sales price or rental price of a dwelling unit.
(e)
At the time of initial occupancy, a minimum
of 50% of the workforce housing dwelling units shall be available
for purchase as opposed to lease.
T.
Site plan requirements and effect of site plan approval.
(1)
Each applicant for a neighborhood development shall
submit a site plan that includes the following information, at a minimum:
(a)
The project name or identifying title.
(b)
The name and address of the landowner of the
tract, the applicant, and the firm that prepared the plan.
(c)
The file or project number assigned by the firm
that prepared the plan, the plan date, and the dates of all plan revisions.
(d)
A North arrow, a graphic scale, and a written
scale.
(e)
The entire tract boundary with bearings and
distances, and identification of all corner markers.
(f)
A location map for the tract at a minimum scale
of 2,000 feet to the inch, showing the relation of the tract to existing
and proposed streets, municipal boundaries, and streams existing within
1,000 feet of the tract boundaries.
(g)
The plotting of all existing adjacent land uses
and lot lines within 200 feet of the proposed development, including
the location of all public and private streets, drives or lanes, railroads,
historic sites, utilities, easements and other significant natural
or man-made features.
(h)
The names of all immediately adjacent landowners
and the names and plan book numbers of all previously recorded plans
for adjacent projects.
(i)
Contours at vertical intervals of two feet for
land with average natural slope of 12% or less and at vertical intervals
of five feet for more steeply sloping land; location of benchmark
and datum used.
(j)
The delineation of all those areas which have been identified as being subject to the one-hundred-year flood in accordance with § 285-47 of this chapter.
(k)
The delineation of all soil types as indicated
by the most recent U.S. Soil Survey information for Lancaster County.
(l)
The plotting of all existing landmarks within
the proposed development, including the location of all existing streets,
buildings, easements, rights-of-way, sanitary sewers, water mains,
storm drainage structures and watercourses.
(m)
A list of site data, including but not limited
to the following:
[1]
Total acreage of the tract.
[2]
Zoning district.
[3]
Proposed use of the land.
[4]
Proposed gross area of the development.
[5]
Proposed gross residential density.
[6]
Proposed number of dwelling units and the mix
of dwelling types.
[7]
Proposed number of lots.
[8]
Acreage of all street rights-of-way proposed
for dedication.
[9]
Acreage and percentage of common open space.
[10]
Acreage to be sold to individual
owners.
[11]
Acreage to be retained by landowner.
[12]
Acreage of any commercial, public
or semipublic use areas.
[13]
Proposed number of parking spaces.
[14]
Any proposed density incentive,
including the provision under which the incentive is authorized, the
improvement proposed to qualify for the incentive, the increase in
density, the change in the mix of dwelling types, the decrease in
common open space, the increase in impervious coverage or the decrease
in landscaping claimed.
(n)
The proposed location and dimensions of all
streets, access drives, parking compounds, sidewalks, bikeways, and
curbing.
(o)
The proposed location of all lot lines with
approximate dimensions.
(p)
The approximate size of all lots in square feet
or acreage.
(q)
The proposed location and configuration of all
buildings. Single-family detached, single-family semidetached and
duplex dwelling units may be schematic in configuration. Identification
of building type with number of dwelling units in each multiunit building.
(r)
The proposed location, size and use of all common
open space areas, structures and recreation facilities.
(s)
Proposed landscaping, buffering, screening,
walls and fences.
(t)
A proposed phasing plan of the development.
(u)
A descriptive narrative of the proposal's impact on each of the following resources, and the specific measures undertaken or which will be undertaken to incorporate and protect such features in accordance with the objectives and goals identified by Subsection A. The applicant shall take appropriate steps to conserve these resources and shall identify what efforts have been made to mitigate necessary impacts to these resources. Features depicted on the plan shall include, but shall not be limited to, the following:
[1]
Existing vegetation and woodlands.
[2]
Natural habitats.
[3]
Slopes in excess of 15%.
[4]
Ponds, lakes, streams and rivers.
[5]
Wetlands.
[6]
Ridgelines.
[7]
All areas identified as being subject to the one-hundred-year flood in accordance with § 285-47 of this chapter.
[8]
Surface drainage characteristics.
[9]
All cultural, historical, known archeological
and natural features on and adjacent to the neighborhood development
tract.
(v)
Lot numbers in consecutive order for proposed
lots.
(w)
Sufficient information to demonstrate the general
feasibility of the proposed stormwater system, road system and utilities,
but not including detailed grading plans, erosion and sedimentation
control plans, road and utility profiles, construction details, stormwater
calculations, and state permits, which may be submitted later as part
of subdivision or land development plans.
(2)
The Board of Supervisors in approving conditional use applications shall make compliance with the site plan and any revisions thereto required by the Board of Supervisors a part of the approval. The applicant shall develop the neighborhood development tract in the manner set forth on the site plan and any required revisions thereto unless a change to the site plan is authorized in accordance with the following subsections. This procedure for revisions to the site plan shall supersede the provisions for changes to the site plan set forth in Article I of this chapter.
(3)
The Township has an objective of seeking to work with
an applicant to coordinate conditional use and subdivision approvals.
A review period for a conditional use may overlap the review period
under the Subdivision and Land Development Ordinance, provided the
requirements for each ordinance are met.
(a)
At the discretion of the Board of Supervisors, the Board of Supervisors may take additional action to waive preliminary plan submittal requirements. However, if such action is taken, the Board may require compliance with § 240-10L of the Subdivision and Land Development Ordinance. A substantial amount of detailed engineering submittal requirements may be deferred by the Board of Supervisors from the preliminary subdivision plan stage to the final plan stage if the applicant makes a legally binding commitment that no construction and no major grading will begin until after final plan approval is granted.
(4)
Provided that any change is approved under the Subdivision
and Land Development Ordinance, an applicant may make minor revisions
to the neighborhood development site plan without needing an additional
conditional use approval for the following changes:
(a)
Alteration of any of the following items:
[1]
Increase in the number of dwelling units or
decrease in the number of dwelling units not in excess of 10%.
[2]
Change in the percentage or mix of each type of dwelling unit by no more than 10% and still within the parameters of Subsection I(2).
[3]
Change in the amount of nonresidential building
area or land area to be devoted to nonresidential uses of not more
than 10%.
[4]
Change in the amount by not more than 10% or
location of open space areas by not more than 800 feet.
[5]
Change in the minimum lot sizes for the residential
dwellings by not more than 10%.
(b)
An applicant may make minor revisions to the
site plan as may be necessary to accommodate fully engineered stormwater
management facilities, public sewer facilities, public water facilities,
floodplains and changes to street design as may be required by the
Pennsylvania Department of Transportation (PennDOT) as part of a highway
occupancy permit. The Board of Supervisors during the subdivision
and land development process shall determine whether the applicant's
proposed changes to the approved site plan constitute minor revisions
necessary to accommodate fully engineered stormwater management facilities,
public sewer facilities, public water facilities, floodplains, and
changes to street design as may be required by PennDOT as part of
a highway occupancy permit.
(5)
An applicant who desires to make a change to an approved site plan which the Board of Supervisors determines does not constitute a revision authorized by Subsection T(4) above shall apply for and obtain an additional conditional use approval.
(a)
Any applicant for a change to an approved site plan shall demonstrate that the change continues to meet all requirements of this § 285-34.
(b)
An applicant who desires to make a revision to an approved site plan which affects a matter in excess of the modifications allowed in Subsection T(4) above, or that affects a matter not addressed by such section, shall demonstrate to the satisfaction of the Board of Supervisors during the additional conditional use approval process that such change will:
[1]
Generally enhance the development plan, or in
any case not have an adverse impact on its physical, visual or spatial
characteristics.
[2]
Generally enhance the streetscape and neighborhood,
or in any case not have an adverse impact on the streetscape and neighborhood.
[3]
Not result in configurations of lots or street
systems which shall be impractical or detract from the appearance
of the proposed neighborhood development.
[4]
Not result in any danger to the public health,
safety or welfare by making access to the dwellings by emergency vehicles
more difficult, by depriving adjoining properties of adequate light
and air or by violating the other purposes for which zoning ordinances
are to be enacted under Section 604 of the State Municipalities Planning
Code.
[5]
Allow for equal or better results than the originally
approved site plan and represent the minimum modification necessary.
U.
Modification of 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. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for a neighborhood development using the neighborhood design option, also make application for conditional use approval under this Subsection U. 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 and goals of the neighborhood design option as expressed in Subsection A.
(2)
Such modifications of design standards would not result
in adverse impact to adjoining properties nor future inhabitants within
the neighborhood development.
(3)
Such modifications will not result in an increase
in residential densities permitted for the neighborhood development
tract.
V.
Signs.
(1)
As part of the final subdivision or land development
plan for a neighborhood development, a set of standards shall be submitted
that will be used to guide the design of signs in the development.
(2)
The design, size and location of signs at entryways
into the neighborhood development shall be submitted with the conditional
use application.
(3)
Internally illuminated signs shall be prohibited within
a neighborhood development.
(4)
Signs in a commercial center or neighborhood center
of a neighborhood development shall comply with the same requirements
that apply to the MS Main Street District.
A.
Limitations on subdivision/land development.
(1)
In order to preserve the agricultural tracts, it is
the express intent of the A District regulations 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 Section 604(3) of the Pennsylvania Municipalities
Planning Code to preserve prime agricultural land through the enactment
of these regulations.
(2)
Each tract existing on April 20, 1988, shall be permitted
to subdivide new lots from the tract or establish new principal uses
on the tract based upon the lot area of the tract as it existed on
April 20, 1988, as follows:
Lot Area
(acres)
|
Number of New Lots Which May Be Subdivided
and/or Number of New 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
|
(3)
A purpose of the A District is to limit the development of agricultural tracts. It is the further purpose of this A District to limit the number of single-family dwellings or other principal uses which may be established on any tract within the A District. The condition of the tract on April 20, 1988, or on the date on which the tract was first zoned A District shall be the basis from which the maximum development set forth in § 285-35A(2) above shall be calculated.
(4)
See § 285-33, which may allow transfers of the rights to develop dwelling units from the A District to other districts. A density incentive is offered.
(5)
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, except as provided in Subsection B(2). Any lot existing as of March 16, 1996, which is two or fewer acres in size, shall be presumed to be used for residential purposes.
(6)
A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the tract from which the land is taken and the tract to which the land is added will be 20 acres or greater after such subdivision, shall not be included when computing the permissible number of lots to be subdivided from a tract as set forth in Subsection B(2) above.
(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 A(2) above.
(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 April 20, 1988, or on the date when such land was first included
within the A District. 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)
In the event that a tract which was not classified
as part of the A District on April 20, 1988, is or was thereafter
classified as part of the A District, the size and ownership of the
tract and the development existing on the tract on the effective date
of the change in zoning classification shall determine the number
of lots which may be subdivided from or the number of principal uses
which may be established on such tract.
(10)
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, land
remaining in the parent tract after subdivision or land which was
formerly part of a parent tract shall be bound by the actions of his
predecessor.
(11)
In submitting an application for a subdivision/land
development for a dwelling unit within the A District, the applicant
shall demonstrate that measures have been used to:
(a)
Minimize the loss of valuable farmland;
(b)
Cluster residential lots on the subject property
and, if applicable, with those lots contained on adjoining farms;
(c)
Minimize the length of property lines shared
by all residential lots and adjoining farms;
(d)
Assure adequate vehicular access to future residences
not currently proposed;
(e)
Assure that the proposed plan can comply with
the Township's Subdivision and Land Development Ordinance;
(f)
Make use of existing public sewer and/or public
water facilities; and
(g)
Minimize the clearing or cutting of mature trees
and hedgerows.
(h)
The applicant shall furnish evidence regarding
how these objectives have been satisfied.
B.
Lot area requirements.
(1)
Agricultural, horticultural and/or forestry-related
uses: 20 acres minimum for uses existing as of March 16, 1996; 50
acres minimum for uses established after March 16, 1996.
(2)
Single-family detached dwellings: 35,000 square feet,
minimum lot area; two acres, maximum lot area.
(a)
The maximum lot area shall not apply if the
applicant can demonstrate by credible evidence that the area proposed
for the dwelling lot: 1) does not predominately consist of Class I,
II and/or III soils, as identified in the soil survey; or 2) is generally
unsuitable for agricultural purposes; or 3) where additional lot area
is needed to improve septic or water supply facilities for the lot.
Where an applicant proposes to subdivide an existing dwelling from
the parent tract, the applicant may opt to impose the maximum lot
area requirements of this section upon such existing dwelling rather
than on a proposed dwelling to be constructed on the remainder of
the parent tract.
(b)
The Township may also allow one lot to exceed
the two-acre maximum lot area if the applicant proves that the resulting
land that is removed from the parent tract will not be greater than
would result if a larger number of allowed lots would be subdivided.
For example, if an applicant was allowed three new lots on a tract
and only proposed one new lot, then that one new lot could have a
six-acre maximum lot area, which is equivalent to three lots of two
acres each. However, in this example, that six-acre lot would be designated
on deeds and the record plan as having the right to subdivide the
two additional lots, and the remaining parent lot would not have a
right of further subdivision.
(3)
Other allowed uses. Unless otherwise specified, all
other principal uses shall contain at least one acre. Except as specifically
stated, in no case shall any nonagricultural use contain more than
five acres.
C.
Minimum lot width: 200 feet at the minimum front yard
setback line; 150 feet at the lot frontage.
D.
Minimum lot depth: 200 feet.
E.
Minimum setbacks and maximum height requirements.
(1)
Agricultural uses (other than farm dwellings).
(a)
Front yard setback: 50 feet.
(b)
Side yard setback: 50 feet on each of two sides.
(c)
Rear yard setback: 50 feet.
(d)
Additional setbacks. Except as provided for in the following paragraph, no new slaughter area, area for the storage or processing of garbage, or spent mushroom compost, or structures for the cultivation of mushrooms shall be permitted within 300 feet of any land within the R-1, R-2 and/or R-3 Zones. See additional setbacks in § 285-42 under "Livestock and Poultry, Raising of."
[1]
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.
(4)
Residential accessory uses. Unless otherwise specified,
the following requirements shall apply to accessory uses:
(5)
Maximum permitted mso-element-frame-height: 35 feet
for principal nonagricultural buildings; 150 feet for agricultural
buildings and structures, provided all structures are set back a distance
at least equal to their height from all property lines.
G.
Driveways. All lanes exclusively serving agricultural,
horticultural and/or forestry-related activities shall be exempt from
driveway and access drive requirements.
H.
Warehousing and storage as a principal use. Warehousing
and storage shall be permitted as a principal use when meeting all
of the following criteria:
[Added 12-10-2007 by Ord. No. 202[1]]
(1)
Minimum lot size of two acres and maximum lot size
of 10 acres.
(2)
Maximum of one such building per lot.
(3)
The use shall not be used for any commercial purposes.
(4)
The storage area may not be sublet.
(5)
Maximum floor area of 5,000 square feet.
(6)
All buildings shall maintain a residential or agricultural
appearance, as viewed from the street.
(7)
All other requirements shall be in compliance except
as specified in this chapter.
I.
Agricultural nuisance disclaimer. All lands within
the A District 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 the Right to Farm Law,
3 P.S. § 951 et seq., as amended, may bar them from obtaining
a legal judgment against such normal agricultural operations.
[Amended 12-10-2007 by Ord. No. 202]
A.
This § 285-36 provides a density bonus for a residential development that is age-restricted in compliance with the federal requirements for housing for older persons as specified in the United States Code. (Note: As of 2005, such provisions were in 42 U.S.C. 3607).
B.
In order to be approved by the Township as age-restricted
residential development, every dwelling unit (except a unit for one
manager) on a tract of land shall be permanently restricted by deed,
by any lease and by notes on the recorded plan to the following occupancy
limitations: 1) a minimum of one head of household of each dwelling
unit shall be age 55 years or older or physically disabled as defined
by social security disability regulations; and 2) no person under
age 18 shall live in the dwelling unit for more than 30 days in any
calendar year. Any violation of such age restrictions shall be a violation
of this Zoning Ordinance. In addition, in order to be approved as
elderly housing, the applicant shall establish an appropriate legal
entity, such as a property owners' association that has the duty,
authority and responsibility to enforce such age restrictions over
time.
C.
If a residential development is approved under this § 285-36, then the minimum lot area or the minimum average lot area per dwelling unit, as applicable, shall be reduced by 15%. An age-restricted residential development shall meet all other requirements of Township ordinances. A medical residential campus development shall not be eligible for age-restricted residential development bonus.
[Amended 12-12-2016 by Ord. No. 243]
A.
Historic Buildings Table and Historic Buildings Map. The Historic
Buildings Table[1] lists historic buildings within the Township. The Historic
Buildings Map[2] shows the locations of the historic buildings by map numbers
corresponding to the numbers on the Historic Buildings Table. The
Historic Buildings Table and the Historic Buildings Map are hereby
incorporated by reference. The Historic Buildings Table and the Historic
Buildings Map may be revised or replaced by an amendment to this chapter.
B.
Purposes. This section implements the mandatory requirements of the
Pennsylvania Municipalities Planning Code to use zoning to preserve
historic buildings. This section implements Sections 603(b), 603(g),
604(1) and 605 of the Pennsylvania Municipalities Planning Code, which
address protecting and facilitating the preservation of historic values
through zoning and using zoning to regulate uses and structures at
or near places having unique historic, architectural or patriotic
interest or value.
C.
Consideration of demolition. The following shall apply to buildings that are identified on the Historic Buildings Table. Unless an accessory building is specifically included on the Historic Buildings Table, this § 285-37 shall only apply to principal buildings.
(1)
General requirement. A building identified on the Historic Buildings
Table shall not be demolished in part or in whole or be removed without
first obtaining conditional use approval for the demolition, followed
by a Township demolition permit.
(2)
Application procedures. In addition to meeting the conditional use requirements in § 285-17, a demolition permit application under this section shall include the following:
(a)
A site plan drawn to scale, showing the specific location of
the structure proposed to be demolished and its relationship to adjacent
property lines and all other buildings, structures and improvements
(such as sidewalks, driveways, parking areas, landscape beds, mature
trees), and shall indicate the general topography of the property.
In addition to the location of the structure(s) to be demolished,
the site plan shall include a separate sheet showing the proposed
future use of the lot, including any proposed buildings and a scaled
elevation/facade drawing of the proposed use/structure.
(b)
An explanation of why the building is being considered for demolition,
removal or relocation. The application shall include an evaluation
by a qualified historic preservation professional of the historic
and/or architectural significance of the historic building.
(c)
Proposed use for the property or portion thereof from which
the building will be removed and a time line for the implementation
of the proposed use (including other local, county, state and federal
approvals).
(d)
Photographs of the existing building proposed to be demolished.
(3)
Approval or disapproval of a demolition permit.
(a)
Demolition permits for the partial or entire demolition of a
building regulated by this section shall need conditional use approval
by the Board of Supervisors, after an opportunity for review by the
Township Planning Commission and by any appointed Township historical
commission or Township historic preservation task force that may exist.
A partial demolition shall include, but not be limited to, removal
of an attached porch roof, removal of porch columns, and removal of
architectural features.
[1]
A building regulated by this section shall not be demolished,
in whole or in part, or removed unless the applicant proves by credible
evidence to the satisfaction of the Board of Supervisors that one
or more of the following conditions exists:
[a]
The existing building cannot feasibly and reasonably
be reused, for a use allowed by this chapter, and that such situation
is not the result of intentional neglect or demolition by neglect
by the owner, and that the potential for reuse shall consider sale
to another party;
[b]
The denial of the demolition would result in unreasonable
economic hardship to the owner, based upon credible evidence, and
the hardship was not self-created; or
[c]
The demolition is necessary to allow a project
to occur that will have substantial, special and unusual public benefit
that would greatly outweigh the loss of the building regulated by
this section, and the project needs to occur at this location. For
example, a demolition may be needed for a necessary expansion of an
existing public building or to allow a street improvement that is
necessary to alleviate a public safety hazard.
[2]
An applicant is only required to meet one of the conditions
provided in Subsection C(3)(a)(1) above. However, the applicant shall
also describe how other conditions in Subsection C(3)(a)(1) apply
or do not apply.
[3]
For approval of a demolition, the standards of this § 285-37 shall apply in addition to any relevant general conditional use standards. In reviewing the application, the Board of Supervisors shall consider the following:
[4]
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused. The conditions that justify the proposed demolition shall
not have been self-created by the applicant.
[5]
Exceptions. Conditional use approval shall not be needed for
the following:
[a]
Interior renovations or removal of features (such
as a rear porch) that do not harm the structural stability of the
building and that are not visible from a public street (not including
an alley).
[b]
Removal of features that were added less than 60
years previously, such as a modern porch or aluminum siding or carport.
[c]
Relocation of a building within the Township, provided
that the relocation does not result in a partial or complete demolition
that is regulated by this section.
(4)
Conditions. Applicants whose applications for demolition, removal,
or relocation are approved shall be subject to conditions that include,
in addition to any other appropriate conditions, the following:
(a)
The Township shall have the right, at the Township's expense,
to hire and send a person who is skilled in documenting historic structures
to the subject property, and the applicant shall have the obligation
to cooperate with the Township's efforts to record all relevant information
relating to the history of the subject property.
(5)
Demolition by neglect. Demolition by neglect is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation set forth in Chapter 197 of this Code, known as the West Lampeter Township Property Maintenance Code.
(a)
Code violations: If the Code Enforcement Officer has cited a
property owner of an historic building for conditions that could lead
to structural weakness, decay or deterioration in a building or structure
and the property owner fails to correct the condition(s) in the time
specified, that property owner may be cited also for demolition by
neglect under these provisions and be subject to the penalties contained
herein.
(b)
The owner of unoccupied principal or accessory buildings or
structures that have been cited for violations shall develop a written
maintenance program for the protection of any and all unoccupied historic
buildings. Said maintenance program shall be established in accordance
with the West Lampeter Property Maintenance Code, as previously enacted
and amended. A copy of the maintenance program shall be filed with
the Code Enforcement Officer and implementation begun in accordance
with an established time-table.
[1]
The maintenance program shall address measures to assure that
structural components are protected and reinforced to stabilize and
maintain the essential form of the building or structure. Structural
features requiring stabilization include, but are not be limited to,
roofs, chimneys, cornices, soffit, fascia, spouting, columns, beams,
posts, and window and door sills, lintels and jambs.
[2]
The exterior and interior of the building or structure shall
be inspected no less than annually by the Code Enforcement Officer
with the owner or the owner's agent to determine compliance with the
established maintenance program.
A.
Planned mixed-use development. Section 285-27A establishes the minimum lot area for the OTR District. That section allows a reduction in the minimum lot area and the minimum lot width if conditional use approval is first obtained for a planned mixed-use development. A planned mixed-use development shall have a minimum tract size of 10 acres.
(1)
A planned mixed-use development shall only be approved
if the applicant proves to the Board of Supervisors that the following
conditions will be met:
(a)
That the applicant submits a master site plan
for the entire tract that shows the approximate layout of lots and
roads, ranges of intended uses, and the methods to buffer adjacent
dwellings. Substantial compliance shall be required with that master
site plan, unless the applicant receives conditional use approval
for a revised planned mixed-use development in the future. The master
site plan shall be prepared to scale and based upon accurate existing
features. However, fully engineered subdivision or land development
plans may be submitted as a later step, after conditional use approval
is granted.
(b)
That the development will maximize use of interior
streets, as opposed to driveways from individual lots entering onto
exterior public streets.
(c)
That the development will include an appropriate
system to minimize the number of stormwater basins and to ensure proper
maintenance of stormwater basins over time.
(d)
That the subdivider will establish an appropriate
set of covenants or deed restrictions on each lot to ensure proper
development of individual lots. The substance of those covenants or
deed restrictions shall be provided to the Board of Supervisors for
its information. It is requested, but not required, that the covenants
or deed restrictions include restrictions on exterior materials of
the facades of buildings.
(2)
Definition of planned mixed-use development. This term shall mean a development approved as a planned mixed-use development as a conditional use under the standards of § 285-38. A planned mixed-use development is a tract designed with fully coordinated interior road access, stormwater management, landscaping and buffering.
(3)
Once a planned mixed-use development is granted conditional
use approval, then individual uses shall only be allowed if they are
consistent with the conditional use approval, unless a revised conditional
use approval is granted.
(4)
Information on covenants. A planned mixed-use development
shall include a reasonable set of deed restrictions or covenants imposed
by the developer on each lot. These covenants should cover types of
uses, maintenance of lots and industrial operations, with a proper
means for enforcement. The covenants shall also be written to carry
out the purposes and requirements of a planned mixed-use development.
The substance of these covenants shall be presented before a planned
mixed-use development is approved.
(5)
See the note in the Table of Allowed Uses for restrictions
on retail sales, personal service and restaurant uses, including the
percentage of the development tract that can be occupied by such uses.
(6)
Within the OTR District, a neighborhood development developed in compliance with the NDO regulations of § 285-34 shall be allowed as a conditional use if the following additional requirements are met:
(a)
The land within the OTR District shall be allowed
to have the same density as would apply to an NDO development in the
R-2 District. Only the portion of the tract that is developed as an
NDO shall count towards determining the allowed density.
(b)
The NDO development shall be within a planned
mixed-use development, with an interior road system, stormwater management
system and landscaping design that is fully coordinated between the
business development and the residential development within the OTR
District. An access management plan shall be presented for all lands
that are in common ownership.
(d)
As part of the conditional use approval, the
applicant shall prove to the satisfaction of the Board of Supervisors
that a sufficient buffer is provided between residential areas and
any incompatible business areas, particularly uses that would involve
nighttime noise or regular trucking activities. The Board of Supervisors
may require additional setbacks, landscaping, earth berming and/or
limits upon hours of operation as a condition of conditional use approval
to ensure compatibility.
(e)
The NDO development shall not comprise more
than 40% of the total land area of a tract within the OTR District.
The maximum percentage of an OTR tract that can be developed in retail,
restaurant and service uses shall also apply to any portion of the
OTR developed in commercial uses. Therefore, the percentage of land
that can be developed in retail uses under the OTR District may not
be added together with the percentage of an NDO that is allowed to
be developed commercial to result in a higher percentage of commercial
uses.
B.
Additional setbacks.
(1)
Any industrial use or area routinely used for the
parking, storage, loading or unloading of two or more tractor-trailer
trucks or refrigerated trucks shall be set back a minimum of 200 feet
from the lot line of an existing dwelling. Such setback shall be reduced
to 120 feet if a principal building or Township-approved sound wall
or six-foot minimum height landscaped earth berm will completely buffer
such activity from all adjacent residential lots. An earth berm may
include a suitable retaining wall on the business side, provided a
3:1 minimum slope is maintained on the residential side.
(2)
No new loading dock that is routinely used by tractor-trailer
trucks shall be located within 75 feet of the right-of-way of a public
street.
C.
Impervious coverage. The maximum impervious coverage provided in § 285-27A may be modified as follows within a planned mixed-use development, if the flexibility is used to provide a substantial buffer adjacent to existing dwellings:
(1)
Within an approved planned mixed-use development,
the maximum impervious coverages of certain individual lots may be
approved to be a maximum of 80%, provided that deed restrictions are
put into place to restrict the maximum impervious coverage of other
lots to a lower percentage so as to ensure that a maximum impervious
coverage of 65% is maintained for the total land area of all lots.
This provision is intended to allow for substantial buffer areas adjacent
to dwellings or for common recreation areas.
(a)
For example, by deed restrictions, one lot of
two acres might have a maximum impervious coverage of 75% while another
two-acre lot is approved with a maximum impervious coverage of 55%,
resulting in an average impervious coverage of 65%.
D.
Height. A maximum height of 45 feet or four stories,
whichever is more restrictive, shall apply. However, for portions
of a building that are within 100 feet from an existing residential
lot, a maximum height of 35 feet or three stories, whichever is more
restrictive, shall apply. Customary extensions of a building that
are not occupied by persons may exceed this height limit, such as
elevator equipment, skylights, water towers, chimneys, smokestacks
and similar features.
E.
Landscaping and screening.
(2)
Planting strips shall be provided adjacent to each
public street. The planting strip shall have a minimum width of 40
feet adjacent to the curbline of an arterial street and 15 feet adjacent
to the curbline of any other street. If curbing is not provided, then
such width shall be measured from the street right-of-way line. A
sidewalk of approved width and approximately perpendicular driveways
of approved width may be placed within this planting strip. The planting
strip shall be maintained in deciduous shade trees, shrubs and an
attractive vegetative ground cover.
(3)
As part of land development review for each new principal
building, a landscaping plan shall be submitted to the Township. A
minimum of 20% of each lot shall be landscaped, which shall include
grass or other vegetative ground cover and an appropriate distribution
of trees and shrubs.
F.
Utilities. Each principal use shall be served by public
water and public sewage service. All new electric and telephone service
lines within the development shall be placed underground.
G.
Nuisances and hazards. An applicant for a new industrial
use shall provide a written description of methods that will be used
to control significant nuisances and hazards, including noise, dust,
toxic hazards, hazardous spill and leak hazards, explosion hazards,
flammable hazards, radiation hazards and similar nuisances and hazards.
H.
Pedestrian access and amenities.
(1)
See the provisions of the Subdivision and Land Development
Ordinance[1] regarding sidewalks along streets. An applicant may apply
for a modification under such ordinance to allow a bituminous asphalt
bicycle/walking trail in place of concrete sidewalks.
(2)
Consideration should be given to providing pedestrian
routes (such as crushed stone paths in areas that are not along a
public street) and outdoor lunch areas with picnic tables and trees
within a subdivision for the use of employees of businesses within
the subdivision.
I.
Additional OTR provisions.
(1)
The applicant shall establish a set of architectural
standards through deed restrictions or a similar method that will
be binding upon each lot owner and developer. A draft of such provisions
shall be provided to the Township for review. It is strongly encouraged
that a minimum of 75% of the facades of buildings facing onto streets
consist of glass, brick or other decorative masonry. This provision
is intended to avoid metal or cinder block construction, at least
as visible from a street. Subdividers are strongly encouraged to place
such a requirement on each lot through deed restrictions.
(2)
Landscaped front yards. A maximum of 80% of the required
minimum front yard setback area shall be maintained in landscaped
green space. The intent is that the remaining 20% would be used for
driveways, fire lanes, visitor parking, handicapped parking and walkways.
Other vehicle parking is intended to primarily be placed to the side
or rear of buildings.
(3)
Loading docks. An applicant shall prove to the satisfaction
of the Township that loading docks routinely serving three or more
tractor-trailer trucks have been located within reason to seek to
minimize their visibility from dwellings, public streets and existing
and planned expressways. No loading dock routinely served by tractor-trailer
trucks shall be located within 75 feet of the existing right-of-way
of a public street.
(4)
Coordinated stormwater management. The OTR shall include
a coordinated system of stormwater management. At best, where feasible,
this should include sufficient land set aside for a minimal number
of stormwater basins, with each lot owner assessed sufficient fees
each year to properly maintain the basins.
(5)
Berming. The Board of Supervisors may require an earth
berm to be constructed between industrial uses and any existing or
prospective residential lots if the Board determines it will be necessary
to ensure compatibility between uses.
(a)
The height of the berm shall average at least
five feet, unless the Board of Supervisors determines that a differing
height is appropriate considering the topography of the site.
(b)
The maximum slope of the berm (on sides visible
from outside of the business) shall be three feet measured horizontally
for each one foot measured vertically.
A.
Purposes. In addition to the overall purposes of this chapter, the
MS and MSL Districts are intended to: improve the appearance of the
Willow Street Corridor to help attract desirable types of development;
encourage appropriate infill development and adaptive reuse; attract
new sources of employment and tax revenue; encourage a proper mix
of uses; avoid development that would be inconsistent with the character
of the community; provide for reasonably safe and convenient pedestrian,
bicycle, and vehicle circulation; encourage persons to live, work,
shop, and enjoy recreation within the Township; encourage the creation
of a sense of place, feelings of belonging, and a community spirit
that promotes social interaction and volunteerism; and further the
purposes and objectives of and utilize the authority for traditional
neighborhood development that are set forth in the Pennsylvania Municipalities
Planning Code.
[Amended 9-9-2013 by Ord. No. 232]
B.
Additional provisions within the MS and MSL Districts:
(1)
Buildings may be developed in a condominium arrangement
without each building being on its own minimum-sized lot, provided
the applicant proves that the same dimensional requirements could
be met as if the dwellings were in fee-simple ownership. For example,
if a ten-foot side yard is required on each side of two buildings,
then a twenty-foot separation shall be provided, although a lot line
would not need to exist between the two buildings.
(2)
Before zoning approval is granted for any new principal
building, a conceptual architectural plan shall be submitted to the
Township for review. Such plans shall show the front elevation of
the building and shall list the types of exterior building materials
of the front facade. A Township disapproval decision shall not be
based upon such architectural plans.
(3)
Individual buildings and pedestrian entrances and
parking areas shall be laid out to promote pedestrian access among
different uses.
(4)
Buildings of over 100 feet in length should be designed
to have the appearance of interconnected buildings and to avoid the
appearance of monotony. This should be accomplished through variations
in rooflines, overhangs, setbacks, colors and facade materials and
use of canopies, porches and awnings.
(5)
Buildings should have the appearance of having a pitched
or peaked roof as viewed from a street or have a decorative cornice
roof.
(6)
Retail stores should have display windows facing onto
the street.
(7)
Buildings should be designed and arranged to provide
a character similar to an older village. Street level storefronts
shall be inviting to pedestrians.
(8)
No off-street parking spaces shall be located within:
a) 40 feet from the right-of-way of Route 272 Willow Street Pike or
Village Road; and b) 10 feet from the curbline of any other street.
To the maximum extent feasible, off-street parking should be located
to the rear or side of nonresidential buildings. Existing parking
spaces may be rearranged, provided they do not result in an increase
in the land area covered by off-street parking spaces in such location.
(9)
Walkways through parking lots shall be well-defined
and separated from major vehicle corridors, except where crosswalks
are provided.
(10)
Loading and unloading spaces for trucks shall
not block major pedestrianways or create blind spots.
(11)
Bike racks shall be provided in commercial developments
of over three acres.
(12)
As viewed from a street, buildings should be
constructed of materials using the following exterior materials or
other materials with a closely similar appearance: brick, stone or
clapboard.
(13)
Maximum building setback. If a new principal
building is constructed on a lot adjacent to Willow Street Pike, at
least a portion of such building shall have a building setback from
Willow Street Pike that is not more than 15 feet greater than the
average building setback of all buildings on that same side of the
block along Willow Street Pike.
(14)
Design guidelines. The following design guidelines
are recommended to be used by the Township and applicants when considering
changes to the MS and MSL Districts.
(a)
Every effort should be made to preserve and
reuse older buildings and to rehabilitate historic features. Modern
additions and features should be placed towards the rear of the property.
(b)
Uninterrupted continuity of pedestrian-related
uses and activities should be encouraged along Willow Street Pike,
particularly in areas of present activity. Outward street orientation
is encouraged, with storefronts, entrances, window displays and other
windows relating to Willow Street Pike.
(c)
Lighting. Privately installed light fixtures
should be similar in design to decorative public streetlights. Excessive
illumination and glare should be avoided.
(d)
Signs. If more than one sign is used, the signs
should be consistent in design. Signs should not cover historic architectural
features.
(e)
Parking. Parking areas should be well-screened
from Willow Street Pike by landscaping and a decorative masonry wall.
(f)
Patterns. Where existing older buildings have
a certain horizontal or vertical orientation or pattern, that orientation
or pattern should be continued in new construction. Where existing
older buildings have a certain spacing of windows and doors, similar
spacing (and similar sizes of windows and doors) should be continued.
When larger buildings are proposed, they should be articulated so
that the major elements of the facade reflect the width and proportion
of the surrounding buildings.
(g)
Blank walls. Blank walls without door and window
openings should be avoided along a street. Overly modernistic or bland
buildings devoid of details should be avoided when adjacent buildings
have architectural details.
(h)
Fencing. Chain link metal fencing should be
avoided in the front yard.
(i)
Materials. On sides visible from a street, new
construction should use building materials that are similar to appearance
to older buildings. Artificial materials are acceptable if they have
a truly realistic appearance.
(15)
Subject to any special or more particular provisions of this chapter, any building exceeding 100 feet in length which is proposed as part of multiple buildings on a lot may be set back greater than the maximum setback required under § 285-39B(13), provided it is screened and buffered from the front of the lot by plantings or other approved materials.
[Added 12-8-2008 by Ord. No. 209]
(16)
Design features/bonus incentives. Because of the intended purpose
of the MSL District to promote adaptive reuse and preserve its historic
character, the following bonus incentives may be applied to individual
uses in the MSL District if an applicant demonstrates that the applicable
standards and criteria set forth in this subsection will be met. These
bonus incentives permit development in a manner which exceeds the
type of development otherwise permitted in the MSL District, and therefore
entitlement to the bonus incentive is strictly limited to those uses
or types of development or redevelopment meeting the standards and
criteria set forth herein.
[Added 9-9-2013 by Ord. No. 232]
(a)
If the applicant adaptively reuses the existing structure, which
may include an addition not to exceed 20% of gross floor area of the
existing structure, then the maximum impervious coverage may be increased
by not more than 10% and the total required parking spaces may be
decreased by not more than 5% for a principal use.
(b)
If the applicant provides coordinated vehicular access between
two or more adjoining lots that make use of only one shared access
driveway onto adjoining roads, the maximum impervious coverage may
be increased by not more than 5%, subject to the submission of a long-term
agreement defining the joint use of the access drive which has been
executed by all parties concerned, approved by the Zoning Officer,
and recorded.
(c)
If the applicant provides clear and convincing evidence that
a reduced number of parking spaces is justified because more than
one principal use will safely and efficiently share access and the
same off-street parking facility, then the total number of spaces
may be decreased by not more than 50% of the required spaces based
on the calculation for all principal uses intended to share parking
subject to the following requirements:
[1]
The applicant must demonstrate that the peak parking demand
and principal operating hours for each use are suitable for a shared
parking facility.
[2]
Shared parking areas shall not be located greater than 200 feet
from buildings intended to share parking.
[3]
Shared parking facilities containing greater than 50 total spaces
adjacent to an adjoining lot used primarily for a principal residential
purpose shall be planted with a plant screen in accordance with § 285-65D(6)-(7).
[4]
A long-term agreement defining the joint use of the common parking
facility shall be executed by all parties concerned, approved by the
Zoning Officer, and recorded.
[5]
Any subsequent change in land uses for which the shared parking
proposal was approved that results in the need for additional parking
spaces shall require approval by the Zoning Officer. Failure to obtain
approval for required parking shall be a violation of this chapter.
C.
Circulation, traffic access and streets.
(1)
Street standards. As authorized by the traditional
neighborhood provisions of the State Municipalities Planning Code,
the Board of Supervisors shall have the authority to modify specific
street requirements of the Subdivision and Land Development Ordinance
to result in a development that is pedestrian-oriented and that promotes
low-speed traffic.
(a)
For example, the Board of Supervisors may approve
reduced street cartway widths, street right-of-way widths and street
curve radii.
(b)
The applicant shall submit a request for modifications
in writing, which shall state the reasons why the modification would
be consistent with the purposes for a traditional neighborhood development
as stated in the State Municipalities Planning Code and would be in
the public interest while protecting public safety.
A.
A flag lot is defined as a lot intended for a single-family
detached dwelling that does not meet the minimum required lot width
at the minimum front yard building setback line. A flag lot may involve
a more narrow "flagpole" extension of the lot that includes a driveway
that connects the bulk of the lot to a street.
B.
As a conditional use, the Board of Supervisors may
approve the subdivision of land to create a flag lot in response to
a written request that states the reasons why the flag lot is needed.
A flag lot shall not be used to increase the number of dwelling units
that otherwise would be allowed on a tract of land. A flag lot shall
only be allowed if the applicant proves that a flag lot is necessary
to minimize the amount of disturbance of natural features on the tract,
such as steep slopes and mature woodland.
C.
A maximum of one flag lot shall be allowed in any
subdivision or land development, except that if a subdivision or land
development involves more than 50 dwelling units, then one flag lot
may be approved for every 50 dwelling units.
D.
A lot that is deed-restricted or restricted by a conservation
easement to not include any building or that only includes a water
supply well or wastewater pumping station may be approved by the Township
as a flag lot as a permitted by right use.
E.
If a flag lot is approved, the lot shall meet the
minimum lot width requirement at the proposed front yard building
setback line, instead of the minimum building setback line. The principal
building shall only be placed on portions of the lot where the minimum
lot width requirement is met.
F.
The flag lot shall have a minimum of 25 feet of frontage
along a public street, measured at the street right-of-way line. The
driveway and the street frontage shall be part of the same lot as
the proposed building site. No portion of the flag lot shall be less
than 25 feet in width.
G.
A flag lot shall only be approved if the applicant
agrees to place a permanent deed restriction on the flag lot that
prevents the future subdivision of the flag lot.